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Home My WebLink About04417 - ALBERT GROVER TRAFFIC STUDY CP01-18 Page: 4 Report: Expired Contracts: Oldest Date= / / and XREF=ENGINEERING -Summary October 22, 2003 Contract Number Description Approval Date Expiration Date Closed Date A4391 Tramview Rd Sewer/Street Improvement 09/06/2001 12/01/2001 Contractor :Sanborn AE Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4409 450 S. Sunrise Lease Property 10/03/2001 10/01/2003 Contractor :Boys & Girls Club Insurance Status: XREF: ENGINEERING Service: Incomplete/Missing A4417 Traffic Study 10/17/2001 10/01/2002 / Contractor :Albert Grover&Associates Insurance Status: Certificate and Policies are OK XREF: ENGINEERING G Service: In File A4430 Downtown Parking Structure Survey, R20232 12/06/2001 12/01/2002 / Contractor:Sanborn AE Insurance Status Certificate and Policies are OK XREF: ENGINEERING Service: In File A4459 Alejo/belardo Pkg Lot Impr 03/19/2002 12/01/2002 Contractor:Sanborn AE Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4461 Indian Cyn Str& Bridge Widening, CP01-11, M07033, 3-20-02 03/20/2002 03/01/2003 Contractor :Dokken Engineering Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4462 Indian Cyn 2-way, CP00-35, M04462, 3-20-02 03/20/2002 03/01/2003 Contractor:Albert Grover&Associates Insurance Status: Certificate and Policies are OK XREF: ENGINEERING N Service: In File O L X4eW je,,j '� lltc Albert Grover fi Associates Citywide Eng fi Traffic Study AGREEMENT #4417 M06948, 10-17-01 CITY OF PALM SPRINGS - - Public Works &Engineering Department CONTRACT SERVICES AGREEMENT FOR CITYWIDE ENGINEERING AND TRAFFIC SURVEY CITY PROJECT 0148 y� THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this -tV--°�-clay of 20j2L, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Albert Grover & Associates, (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 mid 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 perforuung 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 fly set forth herein. In the event of any inconsistency between the terns of such proposal and this Agreement, the terns 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 tune 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 unposed by law mid arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall idenmify, 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 carefidly considered how the services should be performed, and (e) filly 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 filly acquainted with the conditions there existing, prior to comunenceauent of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall imnediately inform the M276099999-M/216 426114I96 RcAi :o9N1198 1 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, 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 (S%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) clays 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 Sinecial Requirements. Additional terns and conditions of this Agreement, if any, which are trade 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 maxinum contract auount of Twenty-Five Thousand Six Hundred Fifty Dollars ($25,650.00), (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a hump sunm payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for tine 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 uxl 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. F521276M99999-30 O(9(44.26I141% 2 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 in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuml to this Agreement no later than the last working clay 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 tune 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) 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) clays 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 tine 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 perfornnance, of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Tenn. Unless earlier ternninated in accordance with Section 7.8 of this Agreement, thus Agreement shall continue m 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 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: Mark H. Miller, P.E. 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 tern of this Agreement for directing all activities of Contractor and devoting sufficient three 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. RS21296N'AJ999-0 MG 4261141% R.viud:WMI198 3 i ! 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 Aeainst Subcontractine or Assienment. 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 requirec 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 haw, 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°k) 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 Pahn 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 goal 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 tines 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 it, 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 mil maintain, at its sole cost and expense, in a form mid content satisfactory to City, during the entire term 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 r52276/099 9J /216WA26114/W ple��sed:o9mvvs 4 either (i) a combined single lunit of$1,000,000 for bodily injury, death and property dainage 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 limit. (b) Worker's Conmpensation Insurance. A policy of worker's compensation insurance in such amount as will fully connply with the laws of the State of California and which shall indemnify, unsure 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 amount not less than either (i) bodily injury liability limits of$500,000 per person and $1,000,000 per occurrence and property damage liability 1umits of $250,000 per occurrence and $500,000 in the aggregate or (ij) combined single limit liability of$1,000,000. Said policy shall include coverage for owned, non-owned, leased and lured 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 shall 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 and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended 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, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall continence 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 endorsennent), 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 tine provisions of this Section 5.1 shall not be construed as lintiting 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 nnaintain the sanne 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 Ms 76109WW-3aa n?6W4.2 61W% a�w.9w:o9roi rva 5 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 terns, 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 claius or Liabilities and will pay all costs and expenses, including legal costs mid 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; mid Contractor agrees to save and hold the City, its officers, agents, mid employees hanndess 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 perfornn 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 mid 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 mid conditions of this Agreement. SA 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, and only if they are of a financial category Class VII or better, 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 detemnizes 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 lints 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 deternnination of increased coverage by the City Manager to the City Council of City within ten(10)clays 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 aid 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 FS2I296N99999-3000216 4.261W4 Revival:WA31198 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. Stich 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 churn for further employment or additional compensation as a result of the exercise by City of its bill 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. 6.4 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 cormnences to cure such default within ten (10) days of service of such notice mid 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 imuediate clanger 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 F=76/099999-3WO/21( 4.26/14/% Reviwl:09IOI l98 7 suffered by City, anal (ii) all announts for which City may be liable to third parties, by reason of Contractor's acts or omissions in perforating 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 he 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, indenuufy, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or onussion 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 Remeclies are Cumulative. Except with respect to rights and remedies expressly declared to he 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 Leeal 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 deternunation 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 will shall pay to the City the sum of Zero Dollars 0.00 , as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Perfomnance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accmed liquidated damages. 7.8 Termination Prior to Expiration Of Ternn. 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 temmnation 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 clue to the fault of the City, the period of notice may he such shorter time as the Contractor may determne. Upon receipt of any notice of termination, Contractor shall inmmecliately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated ternnmation, 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 ternination without cause pursuant to this Section, the ternuinating party need not provide the non-tenninating party with the opportunity to cure pursuant to Section 7.2. rs=76N999?J-30�ORIf 4.261141% arrows 8 7.9 Termination for Default of Contractor. If ternnination 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 swine 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 oil 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 conumencennent 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 Aeainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the perfornnance 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, 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, Palnn 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 deenned cormnunicated at the tine Personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. rs2i276mev99v-pownic 4.2 61141e6 Revised:09NI I9N ' 9 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 night 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: A CITY OF PALM SPRINGS, a municipal corporation �9p ! City Cler APPROVED AS TO FORM: Ci y Manager City At p`n (,. VI'CL.° br'3o FS2296/a99999--WOn 16 4.26/141% Revised:orolm 10 CONTRACTOR: ALBERT GROVER & ASSOCIATES (Check one: _Individual_Partnership_Corporation) By: otarizecl Signattire Print Name &yTitle By: Nottarrizecl Signat[tre Print Natne&Title Mailing Address: 211 E. Imperial Highway, Suite 208 Fullerton, CA 92835 (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). (END OF SIGNATURES) F=76/n99999-3000111(f 4r 16/141% a�r�a:a9rov�e 11 AML CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of C CA -'k)te-,�C� County of 'y � 0�3c�C_ o, On i0 ` — CA. before me, Date Name,title-e.g.,John Doe,Not ry Public i = a personally appeared � � t p �,� �'�s �r('.�- ^•1 P w,A 0 Name(s)of Signers(s) yL �"U',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 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. NATALIE EIO T -_ Commission sR 1310174 i Notary Public-C29amia � Oron o County Signature of Notary My Comm,Expiros Jul 20,2005 J p p t +r+wrwrwws +w-w 6 �fl i�1(i d=f e,� s fit' 7 t d- ^a l 0 a Min Notary's Name,County in which Commissioned and Commission Expuauon Date Seal OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑INDIVIDUAL ❑ CORPORATE OFFICER(S) Tides)❑ PARTNER TITLE OR TYPE OF DOCUMENT ❑LIMITED ❑ GENERAL NUMBER OF PAGES ❑ATTORNEY-IN-FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABOVE: NAmE(s)OF PIlESON(S)OR ENTn(ms)SIGNER IS REPRESETOG: 0 1997 Reproduction prohibited.Reorder from American Society of Notanes,800-522--392 16 EXHIBIT "A" SCOPE OF SERVICES The Contractor shall provide a Citywide Engineering and Traffic Survey that will review existing speed limits and recommend changes to speed limits (increase or decrease), in accordance with the requirements of Section 627 of the California Vehicle Code (CVC) and the reconmiended procedures outlined in Chapter 6, entitled "Spot Speeds," of the Manual of Traffic Engineering Studies, 4ih Edition, published by ITE. The Contractor shall produce a Survey that will provide sufficient information to document that the conditions of the latest edition of CVC Section 627 have been satisfied and that other conditions not readily apparent to a motorist are properly identified. Accordingly, the Contractor shall perfonn the following eight(8) tasks: Task I -Radar Field Data Collection The Contractor shall attend an initial meeting with City and Police Department staff to discuss a schedule for conducting traffic speed surveys and other project concerns. Subsequently, the Contractor shall conduct field radar speecl surveys at street segments indicated in Table 1 hereinafter. The Contractor shall obtain a minimum of 100 speed observations for each direction of travel for all of the designated street segments. The studies shall be conducted during "goal weather" conditions and only on Tuesdays, Wednesdays mud Thursdays during the off-peak hours of 9:30 A.M. to 11:30 A.M. and 1:30 P.M. to 3:30 P.M., unless other specific time limits are required by the City Engineer. The Contractor shall check each speed zone for representative free flow speeds (speeds not influenced by temporary conditions of construction work). The Contractor shall periodically calibrate its radar gum to achieve mid maintain accuracy. The Contractor shall obtain the minimum 100 speed samples for each street segment for each direction of travel to ensure that a 95% probability that the sample data represents the population data for this type of study is achieved. Task 2-Speed Data Analysis The Contractor shall smmnarize the field data mud provide speed survey data sheets (including cumulative speecl curves), in a format approved by the City Engineer. The Contractor shall coordinate with adjacent jurisdictions (e.g. Caltrans, Cathedral City, and Riverside County) regarding speed hunts for highway segments abutting or under joint control with the City of Palm Springs. Task 3-Roadway Segment Characteristics and Speed Limit Sign Locations Review The Contractor shall provide a California registered civil engineer and/or traffic engineer who shall personally drive all of the street segments to cdetennine, on the basis of experienced traffic engineering judgement, whether or not there are any roadway characteristics not readily apparent to the motorist which would justify the lowering of the proposed speed lint to the maximum reduction permitted under the State established guidelines. Factors F52/ff/6N999 - W/216 4.26/14/96 Revixd:a9rol/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 12 considered shall include street width mil aligmnent, traffic flow characteristics, number of lanes and other chamelization mid striping patterns, frequency of driveways and intersections, reversed superelevations, visibility obstructions caused by vertical or horizontal curves, roadside land use, grade, heavy pedestrian or truck traffic, heavy on-street parking maneuvers, and any other roadside conditions that are not apparent to the motorist. The Contractor shall review locations of all speed limit signs in the field, and shall note any recommendations for speed limit sign location modifications. The field survey shall be documented for analysis purposes. The Contractor shall provide a summary of each of the study segments and identifications of the study segments which justify consideration for maximum increaseklecrease in the reconunended speed linits. Task 4- Accident History Review and Accident Rate Calculations The Contractor shall review the mud-block accident history of each of the street segments to be included in the survey, using SWITRS, or City maintained accident report data, and shall calculate the appropriate accident rate for each study link. A two year time period shall be utilized for the accident review. The Contractor shall use recent ADT counts available from and provided by the City. The Contractor shall compare the calculated accident rate with the expected accident rate as established by Caltrans District 08 for various types of roadways. Task 5- Compilation of Speed Zone Survey "Summary or Recommendations" Chart The Contractor shall prepare survey data sheets mid survey data summaries, in format approved by the City Engineer, and shall compile all information gathered during the accident review and highway segment characteristics field review into summary tables showing the posted speed limit, the 15" percentile speed, 50" (median) percentile speed, the 85" percentile speed, the l0nnph pace speed, the percent in pace speed, the range of all speeds surveyed, and the reconmmended speed lint, for all surveyed street segments. Additionally, the Contractor shall recommend those street segments that should not be included in the speed survey, mid should be posted the prima facia residential speed (unit given the results of the associated accident mil field reviews. The Contractor shall provide draft copies of the summmary tables for City review, prior to preparation of the final report. Task 6-Preparation of Draft Reports The Contractor shall prepare and submit for City review, three (3) copies of a Draft Report for the speed survey portion of the project. At a minimum, the Draft Report shall include the following items: certification statements for the radar gum used in the survey; radar speed survey operational procedures; description of the purpose and methodology of Speed Zone estabhislument, including a discussion of realistic speed zoning, speed traps, CVC requirements, etc; description of the statistical analysis factors; description of the field data used in analyzing the related roadway characteristics; photocopies of tally sheets for each of the radar speed surveys; accident history for the street segments; results and recommendations; and a summary of recommendations in narrative and table form in fornmat approved by the City Engineer. Task 7-Preparation of Final Reports The Contractor shall incorporate all City comments regarding the Draft Reports, and finalize the report ail provide the City with ten (10) bound copies of the Final Report, including the actual speed survey data sheets and an electronic file of the report, in Microsoft Word mid Excel. The Contractor shall also include in each copy of the rSPR76ro99999d /21u 4.2 n/ia/% Rev'iwl.Wffl I/W EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 13 speed survey report an 11" x 17" color Citywide Speed Zone Map, prepared in AutoCAD 14, which differentiates, at a glance, the different posted speeds on various segments of all streets surveyed, mid a draft of a new section of the City of Pahu Springs Municipal Cale which establishes speed limits on certain streets. The Contractor shall also provide one (1) fill size (21" x 33") color coded Citywide map representing the recounnenclM speed zones, and one original reproducible mylar fall size map drawn in AutoCAD 14. Task 8-Presentation At the City's discretion, the Contractor shall make one presentation, or assist City staff in malting one presentation to the City Council regarding the results of the Citywide Speed Zone Survey. The Contractor shall be prepared to make the roluirol presentation and answer any questions that the City Council night have regarding the survey. (End of scope of services -See Table 1 on next page for included street segments.) R52/276N99999-3 /216 4.26/1419 ROv!x :WAH/n EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 14 Street Name From To ............. ............... .......... 1. .......ALEJO ROAD WEST END PALM CANYON DRIVE . ............................. ...... .. .. ...... ........... 2. ALEJO ROAD INDIAN CANYON DRIVE AVENIDA CABALLEROS .. ................ . . ........... ..................................................... ..... ....... . ......... .....- 3. ALEJO ROAD AVENIDA CABALLEROS SUNRISE WAY ............. ....................... .. ................ ...... ......- 4. ALEJO ROAD I SUNRISE WAY FARRELL DRIVE .................. ... ............ ... ...... ................................ ; ....... .............. .. ........ a 5. AMADO ROAD INDIAN CANYON DRIVE AVENIDA CABALLEROS ............................. ......................... ... .... ...................... ............................. ................ ............- 6. AMADO ROAD AVENIDA CABALLEROS SUNRISE WAY . ......... ......... .......................... 7. AMADO ROAD SUNRISE WAY FARRELL DRIVE i 8. ARABY DR IV� -- --------- - ---------PALM CANYON-DRIVE SOUTH --E,N.D ........................................ ---........... ..... - .................................. --- ............ .........................--.................................................... 9. ARENAS ROAD INDIAN CANYON DRIVE CALLE EL SEGUNDO . ............. ......................................... ...... . ............... ...--........ . ...................... .......... ......................................... 10. AVE.CABALLEROS AN RAFAEL ROAD VISTA CHINO ..............--- ......................... ...... . . ........ . .......... ................ . .. ............ ................... 11. AVE. CABALLEROS VISTA CHINO TACHEVAH DRIVE ................ a ................ ......................... .................. 12. AVE. CABALLEROS TACHEVAH DRIVE TAMARISK ROAD .......... .................. ............. ............................ 13. AVE. CABALLEROS TAMARISK ROAD : TAHQUITZ CANYON WAY ..............--....................................... .. ................ ..... . .................... O .......................................................... 14. AVE. CABALLEROS TAHQUITZ CANYON WAY RAMON ROAD . ................. _ _. r ............. .................-..........................................- 15. 13ARISTO ROAD AVENIDA CABALLEROS SUNRISE WAY ....................---................................................................................. ....................................... . . . ...........---................................ ...................... 16. BARISTO ROAD SUNRISE WAY FARRELL DRIVE ............................. ...........I.................. .............. 4........... ......... .......-............................ . ........... .....I...................... 17. BARISTO ROAD FARRELL DRIVE EL CIELO ROAD ............ ............... ....... ... .................................... ........ 18. BARONA ROAD SOUTH END E. PALM CANYON DR ..................... . ...................... a 19. BOGERT TRAIL SOUTH PALM CANYON DRIVE PALM CANYON WASH ............. ................ ............ ........... ..... ........ ........................... 20. BOGERT TRAIL PALM CANYON WASH SOUTH END ................................-................. ............ 21. CALLE EL SEGUNDO ALEJO ROAD AMADO ROAD ... . ...... ................................ 1 22. CALLE EL SEGUNDO AMADO ROAD TAHQUITZ CANYON WAY .......... --- -. ....... . ........ ....................... .............................................................. 23. CALLE EL SEGUNDO TAHQUITZ CANYON WAY RAMON ROAD ........................ .......................... .......... 24. CALLE ENCILIA ALEJO ROAD AMADO ROAD ..................--.............I...........- ............................. ........................ ................................... ............................... ...................... 25. CALLE ENCILIA AMADO ROAD TAHQUITZ CANYON WAY .............. .............. ............. ... ................. ......................................................................... 26. CALLE ENCILIA TAHQUITZ CANYON WAY ARENAS ROAD ................................ ....... . ....... 4 ................... ...... ....... 27. CALLE ENCILIA ARENAS ROAD RAMON ROAD ..................... ............ ........... .......... ....... ................ .......... .............. 28. CALLE PALO FIERRO MESQUITE AVE EAST PALM CANYON .................. .................... ........... ............ ... ....... . ....... ..........----.................................. 29. CALLE PALO FIERRO EAST PALM CANYON DRIVE LA VERNE WAY ................................ - ............................- ........................................-...................................... 30. CALLE PALO FIERRO LA VERNE WAY SOUTH END .................................................-.-.................................... ......... .................................. ....................... .............................................................. . FSM761099999-30 WM�4.2 6/14/% Rcv!s :0M 1 M EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 15 ...... . .......... 31. CAMINO REAL PALM CANYON DRIVE LAVERNE WAY ....... ..........................--..... ......... .............. 32. CAMINO REAL LAVERNE WAY MURRAY CANYON DRIVE ........................................................................ .......... ................ 33. CERRITOS ROAD i JOYCE DRIVE RACQUET CLUB ROAD ................................................................. I ......... ............. .............. 34. CERRITOS ROAD RACQUET CLUB ROAD VISTA CHINO ............. ..............I............... 35. CERRITOS ROAD VISTA CHINO TACHEVAH DRIVE ..................... .........................--........................ �I ..................... 36. CERRITOS ROAD TACHEVAH DRIVE ALEJO i .. ............................................. ....................... . ..... .................. 37. CERRITOS ROAD ALEJO ROAD AMADO ROAD ............................. ................ 38. CIVIC DRIVE AVIATION WAY TAHQUITZ CANYON ............. 39. CIVIC DRIVE TAHQUITZ CANON DRIVE BARISTO ROAD .......... ......... .... .................... . . ....... . .......... ....... ...... 40. CROSSLEY ROAD I RAMON ROAD AVENUE34 ....... ................. ........... ........................ ..................................... 41. DILLON ROAD DIABLO ROAD MELISSA LANE ................. ................................. ........................ ............................................................... 42. E. PALM CAIN S. PALM CANYON DR SUNRISE WAY ............ ............ .... .........................- ............................. ............. 43. E.PALM CANYON DR SUNRISE WAY FARRELL/BARONA ..................... .......... ...... .. ............................................ . .............................................-.......... 44. E. PALM CANYON DR FARRELL/BARONA RIM ROAD ....................................................... ....... . ............ ............................. ..................... 45. E.PALM CANYON DR i RIM ROAD CHEROKEE WAY ........... .............................. ........... . ..... ....... ........ -........................I F .............................................. ............. 46. E.PALM CANYON DR CHEROKEE WAY GENE AUTRY TRAIL ........ ....... ............................ . ......... ............................. ..................---...................- 47. EL CIELO ROAD TAHQUITZ CANYON WAY RAMON ROAD ................ ........ . ...................................... 48. EL CIELO ROAD RAMON ROAD MESQUITE AVENUE ........................................................ 49. EL CIELO ROAD MESQUITE AVENUE ECOBA DRIVE ........................................................ ................. .................. ...........- ............................................ 50. ESCOBA DRIVE EL CIELO ROAD PALM N DRIVE-- ............... ............. .. ............I......... 51. FARRELL DRIVE RACQUET CLUB ROAD VISTA CHINO ...................... ....................................................... ..................................................... 52. FARRELL DRIVE VISTA CHINO TACHEVAH DRIVE .. .............. ......... .................. ........................... ..... ............ 53. FARRELL DRIVE j TACHEVAH DRIVE TAMARISK ROAD ... .......... --- .......... . -- i ...... .......... . ........- I 54 FARRELL DRIVE TAMARISK ROAD ALEJO ROAD . ....... ..................... .........---............. .......... . ...... 55 FARRELL DRIVE ALEJO ROAD TAHQUITZ CANYON WAY ....................... ..-.......... ................. ............................. .... . ............ .................................................... 56. FARRELL DRIVE TAHQUITZ CANYON WAY RAMON ROAD ................................ .. ...........- . . ........................ .......... 57. FARRELL DRIVE RAMON ROAD MESQUITE AVENUE ..................... ............ ............ .................... .......................-.--.............................. ............ 58. FARRELL DRIVE j MESQUITE AVENUE PALM CANYON DRIVE ......... ...... .......... .................................. 59. FRANCIS DRIVE AVENIDA CABALLEROS INDIAN CANYON DRIVE ..........................----....... ............. ...................... ................ 60. FRANCIS DRIVE AVENIDA CABALLEROS SUNRISE WAY ......... ... .................... ............. ......... ............. 61. FRANCIS DRIVE I SUNRISE WAY FART b" .................... ...................... .. ....... .. -..... 62. GARNET ROAD INDIAN CANYON DRIVE WEST CITY LIMITS ................ ................. ....... R=6A99999dW0nl 6 4.2 6/14/96 wffil/w EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 16 63. GENE AUTRY TRAIL 1-10 i VISTA CHINO ROAD ............ 64. GOLF CLUB DRIVE AVENUE34 RIVER WASH .................. ........... ...... .... 65. GOLF CLUB DRIVE RIVER WASH PALM CANYON DRIVE ...................... .. ........................................... ................ ........-.................. ........... 66. HERMOSA DR IVE FRANCIS DRIVE RACQUET CLUB ROAD .......... ................ ............ ............... 67. HERMOSA DRIVE RACQUET CLUB ROAD VIA ESCUELA .... ............................. ................ .............. .. ........ . ..... . ........... 68. HERMOSA DRIVE VIA ESC A z VISTA CHINO .... .................-.......... ..................... .......... ........... 69. HERMOSA DRIVE TACHEVAHD* RIVE ALEJO ROAD .................. . ... ....... ...... .... .I.......... -.........................- ............... 70. HERMOSA DRIVE ALEJO ROAD TAHQUITZ CANYON 71. INDIAN CANYON DR. 18TH AVENUE I- 40 .......... .... ...... ...... ......... .............. .......... ...... .......... ...... 72. INDIAN CANYON DR. 1-10 TRAMVIEW RD ................ ............... .---........... .... ................................. 73. INDIAN CANYON DR, TRAMVIEW ROAD Sk ixhaa Did ............. ................ ............. .............. 74. INDIAN CANYON DR. SAN RAPHAEL DRIVE RACQUET CLUB ROAD .......... .. .......... i ....... ...... ..-. ............. .................................. 75. INDIAN CANYON DR. RACQUET CLUB ROAD VISTA CIUN6**** .............. .......... .....................----................. ......... .................. 1***** ....... ..................................... 76. INDIAN CANYON DR. VISTA CHINO TACHEVAH ................... . ....................... ........................... ........... ..................--................. ...... 77. INDIAN CANYON DR. ..... TACFIEVAH DRIVE GRANVIA VALMONTF .. .. ................ .........-........... ...... .......... ....... ............ ..................-.............................. ........... ......... .................... 78. INDIAN CANYON DR. .......................................GRANVIA VALMONTE ALEJO ROAD ............... .. ................................ ... .. .................... ............ ...... 79. INDIAN CANYON DR. ALEJO ROAD AMADO ROAD............. ...........---... .. .............. ...... .............. . ..... 80. INDIAN CANYON DR. AMADO ROAD ANDREAS ROAD ........... .... . ......... .... ................................. ..........81. INDIAN CANYON DR. ANDREAS ROAD TAHQUITZ CANYON .. ........ ..... .............................. 82. INDIAN CANYON DR. TAHQUITZ CANYON DRIVE ARENAS ROAD .. ..........................--...................-. .......... ...... ..........--................... ..... ....... 83. INDIAN CANYON DR. a ARENAS ROAD RAMON ROAD .................................... .......................... ................. .. . ............................................. ............ 84. LAVERNE WAY I E. PALM CANYON DRIVE CAMINO REAL ...........--....... .......... ....... 85. LAVERNE WAY CAMINO REAL CALLE PAOL FIERRO ................................ ................................. ............ ........... .............. ....... 86. LAVERNE WAY CALLE PALO FIERRO SO PALM CANYON DR. .............. . . ..... ..... ............................................................ ....... . .......... .............. .................................. ...................-................................ I 87. MESQUITE AVENUE WEST END PALM CANYON DRIVE .. .... ........... ............. ..........- . ..........- 88. MESQUITE AV ENUE S. PALM CANYON DRIVE CAMINO REAL ... . ............ ................... 89. MESQUITE AVENUE CAMINO REAL SUNRISE WAY ....... ..... ............... ........ ......... ............ 90. MESQUITE AVENUE SUNRISE WAY FARiffEbRIVE ........... .... ............... 91. MESQUITE AVENUE EL CfELO ROAD NEIIA ROAD .............................. ............... . .......... ................................. 92. MESQUITE AVENUE VELLA ROAD i GENE AUTRY TRAIL .................. ................... ..... ................... 93. MESQUITE AVENUE GENE AUTRY TRAIL CROSSLEY ROAD .. ....................................--.............. 4. ........ ...... ..................................----............ 94. MESQUITE AVENUE CROSSLEY ROAD EAST CITY LIMITS . ............ . ........ ......... .......... FSM76I099399-30W1216 4.2 6114/% Rcvixd:0 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 17 95. MURRAY CANYON S. PALM CANYON DRIVE CAMINO REAL ............ ...... ..............4 . .. ... ............ 96. MURRAY CANYON CAMINO REAL TOLEDO AVENUE 97. N. PALM CANYON DR VISTA CHINO TACHEVAH DRIVE ............ .. .............. . . ......... .............. 98. N. PALM CANYON DR TACHEVAH DRIVE ALEJO ROAD . ....... ..... ..........--.................... ..................................... 99. PASEO DOROTEA RAMON ROAD MESQUITE AVENUE ... .......... .............................................................. 100. PASEO EL MIRADOR i VIA MIRALESTE AVENIDA CABALLEROS .................. ...... .................. -11................................ 101. PASEO EL MIRADOR AVENIDA CABALLEROS SUNRISE WAY .... .......... ...... 102. RACQUET CLUB ROAD WEST END PALM CANYON DRIVE ....................... . ....... 103. RACQUET CLUB ROAD PALM CANYON DRIVE INDIAN CANYON DRIVE .......... ............ .. . ..... ...-..... ............ ......................--............. ............................................... 104. RACQUET CLUB ROAD INDIAN CANYON DRIVE AVENIDA CABALLEROS ... ................................. ......... -................ ............... .......................... ....................... I............ ....... ......... 105. RACQUET CLUB ROAD AVENIDA CABALLEROS SUNRISE WAY ............. . ............................................................. . ......... .......... ....... . ........ 106. RACQUET CLUB ROAD SUNRISE WAY FARRELL DRIVE ........................ .................. .............--.................-...................................---........... 107. RAMON ROAD WEST END INDIAN CANYON DRIVE .................. ................ .................. ............... ...................---.........................--.................. ..............- ............ .................. 108. RAMON ROAD INDIAN CANYON DRIVE AVENIDA CABALLEROS ...... . ..... ........ ...... ....... .. . ............ .. ............--............................ .............--............... 109. RAMON ROAD AVENIDA CABALLEROS SUNRISE WAY' .......... ........ .... . ........ ....... ....................................-.................. 110. RAMON ROAD SUNRISE WAY FARRELL DRIVE ......... ..... .........--...............-. ................. ........... ............ .................. ................ 111. RAMON ROAD FARRELL DRIVE EL CIELO ROAD .. ........ ... ................ .........----................... .............. ..................... 112. RAMON ROAD EL CIELO ROAD PASEO DOROTEA ............. .............................. 113. RAMON ROAD PASEO DOROTEA GENE AUTRY TRAIL 114. RAMON ROAD GENE AUTRY TRAIL SAN LUIS REY DRIVE ....................... 115. RAMON ROAD SAN LUIS REY DRIVE CROSSLEY ROAD ............ .........................--.................-..................- ............. .................... ................................... ...... ...... ................................. 116. SAN LUIS REY DRIVE RAMON ROAD MESQUITE AVENUE ....... . ....... ........ 117. SAN RAFAEL DRIVE PALM CANYON DRIVE INDIAN CANYON DRIVE ......... ................ ............... .. ................. .............................................................. ........... ........................... 118. SAN RAFAEL DRIVE i INDIAN CANYON DRIVE AVENIDA CABALLEROS ............... ..................... .................... .............................. ....................................... - ...............I..........--..... 1 119. SAN RAFAEL DRIVE AVENIDA CABALLEROS SUNRISE WAY ............................--..............-..................... ........................... ..........--................ ................. 120. S.PALM CANYON DR RAMON ROAD MESQUITE AVENUE ........ ........ ............... .......................... 121. S. PALM CANYON DR MESQUITE AVENUE 4 E. PALM CANYON DR ....................... ............................... ..... 7 ............ ........................... i --...... a 122. S.PALM CANYON DR E. PALM CANYON DR LA VERNE ........... . ............... ......................... ................... 123. S. PALM CANYON DR I LA VERNE AVE. GRANADA ...................--................. ............. .................. 124. S. PALM CANYON DR AVE. GRANADA BOGERT TRAIL .............. ......................... ..................... 125. STEVENS ROAD PALM CANYON DRIVE VIA MONTE VISTA ............ .................. -................ . ...... 126. SUNNY DUNES ROAD BELARDO ROAD PALM CANYON DRIVE L..... ..................... ............. ............. . ......- ........... F521276N99999-0 ME 4.2 6114196 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 18 127. SUNNY DUNES ROAD PALM CANYON DRIVE SUNRISE WAY ............ . .......................... 128. SUNNY DUNES ROAD COMPADRE ROAD EL CIELO ROAD .................... ...... 129. SUNNY DUNES ROAD EL....... L***C* IELO ROAD PASEO DOROTEA ............ . ............... ..... 130. SUNNY DUNES ROAD PASEO ............... ...................--............... DOROTEA GENE AUTRY TRAIL ..............---........ ............ ............. -........................... ............... 131. SUNNY DUNES ROAD GENE AUTRY TRAIL CROSSLEY ................................................. ....... .................... ............... 132. SUNRISE WAY SAN RAFAEL DRIVE RACQUET CLUB ROAD ............ ................. ............. 133. SUNRISE WAY RACQUET CLUB ROAD VISTA CHINO .......................................--............................ ............ . ...... ............ 134. SUNRISE WAY VISTA CHINO TACHEVAH DRIVE ................ ..................... .............. ............ 135. SUNRISE WAY TACHEVAH DRIVE ALFJO ROAD ....................................................................... ....................... ....... .......................... .... .....--4..................... . . ..... ..............I.......... 136. SUNRISE WAY i ALEJO ROAD TAHQUITZ CANYON WAY ........................... ................................. ........... ...................................... ............ ....... .................... . ............................ .......... 137. SUNRISE WAY TAHQUITZ CANYON WAY RAMON ROAD .....................--......................--......................... .. .............. ........................ 138. SUNRISE WAY RAMON ROAD MESQUITE AVENUE .................... ................. ... ..... ..... ...................... ....................... ................... 139. SUNRISE WAY ..... ... MESQUITE.AVENUE PALM CANYON DRIVE ........................................... ........... .................---......................... ................................................. ............----............................... 140. TACHEVAH DRIVE INDIAN CANYON DRIVE VIA MIRALESTE ................... ....... .... . ................---........................ .................----....................-............. 14,1 TACHEVAH DRIVE VIA MIRALEST AVENIDA CABALLEROS ........... I E ..........................--............................. ........................................................ 142. TACHEVAH DRIVE AVENIDA CABALLEROS SUNRISE WAY ...................... . ................... ............... ................. 143. TACHEVAH DRIVE SUNRISE WAY FARRELL DRIVE ............. ................ .............................. ........... ........ i 144. TAHQUITZ CYN WAY INDIAN CANYON DRIVE a CALLS EL SEGUNDO ........ .............. ...........---...................:: :............................ 145. TAHQUITZ CYN WAY CALLE EL SEGUNDO AVENIDA CABALLEROS ................. ................... ............................................... 146. TAHQUITZ CYN WAY AVENIDA CABALLEROS SUNRISE WAY ...... ..... .... .......... 147. TAHQUITZ CYN WAY SUNRISE WAY FARRELL DRIVE ................... .......................... ............. ................. ............... ................. 148. TAHQUITZ CYN WAY 1 FARRELL DRIVE EL CIELO ROAD ................. ...... ....... .... ...................--......................---.......... .......................... 149. TAMARISK ROAD INDIAN CANYON DRIVE VIA MIRALESTE ......................................-... ................---.................... .....................-......-.................................................. ............. ............... ............---................. 150. TAMARISK AVENIDA CABALLEROS ROAD VIA MIRALESTE ..............-- .......................... ..... . ................................................. .... .......... 151. TAMARISK ROAD AVENIDA CABALLEOS SUNRISE WAY ..........----..........----............ .......... ................. ...... ............. .................................... 152. TAMARISK ROAD SUNRISE WAY CERRITOS ROAD ..................... ......... ......... ........................ .......................----.................... . ....... 1 153. TAMARISK ROAD CERRITOS ROAD FARRELL DRIVE ......... ............ .. ................... . . .......... ................ ;154. TIPTON ROAD HWY Ill WENDYi66 .......... .......... TIftONk6X**D*155. TIPTON ROAD WENDY ROAD ................. .................. 156. TOLEDO AVENUE LAVERNE WAY MURRAY CANYON ............................... ............. 157. VELLA ROAD RAMON ROAD MESQUITE AVENUE ............... ................ ............. 158. VIA ESCUELA WEST END PALM CANYON DRIVE .. . ...........--- ........... F52/276M?)9 -p n 1 6 4.2 6/14/% Affil/w EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 19 159. VIA ESCUELA PALM CANYON DRIVE AVENIDA CABALLEROS 160. VIA ESCUELA AVENIDA CABALLEROS SUNRISE WAY 161. VIA ESCUELA SUNRISE WAY FARRELL DRIVE 162. VIA ESCUELA FARRELL DRIVE GENE AUTRY TRAIL j..........................................----.............................. .. ....... .....,................ ........... ............ ................ 163. VIA MIRALESTE FRANCIS DRIVE RACQUET CLUB ROAD ........................ .._...... ..... ...._. 164. VIA MIRALESTE RACQUET CLUB ROAD VISTA CHINO ........... . .. 1 165. VIA MIRALESTE VISTA CHINO TAC HEVAH DRIVE ............... .... .. ................................ ....................... ............................. 166. VIA MIRALESTE TACHEVAH DRIVE TAMARISK ROAD ................... ..................... ....................... ..........'............................... . . 167. VIA MIRALESTE TAMARISK ROAD ALEJO ROAD .................. ... ................! ................. . .. .............................. 168. VIA MONTE VISTA VISTA CHINO ROAD CAMINO SUR ............................. ............................................__...............................!................... . ......._....._................................ . 169. VIA MONTE VISTA CAMINO SUR CRESENT DRIVE ..........................................._.................. .............................._......... l........._.......... .............. . ............... . . .. .......................... .. 170. VISTA CHINO ROAD WEST END PALM CANYON DRIVE ............................................. ......................................................i............ ......................................... ... ............ ... ........................... 171. VISTA CHINO ROAD GENE AUTRY TRAIL EAST CITY LIMITS ............................................ .............................................. .....I.................---.............. RSM76ro99999-9 1216 4g26/14/96 Rcvls :Wffill9R EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 20 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. Section 5.3, Performance Bond, is deleted. EXHIBIT "B" wzaw�-wmn_iwc.vaa cnarW, TO CONTRACT SERVICES AGREEMENT 21 w • EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exlubit A of this Agreement. Task 1 $50.00 per street segment, not to exceed 171 street segments, or$8,550.00. Task 2 $20.00 per street segment, not to exceed 171 street segments, or$3,420.00. Task 3 $20.00 per street segment, not to exceed 171 street segments, or$3,420.00 Task 4 $10.00 per street segment, not to exceed 171 street segments, or$1,710.00 Task 5 $20.00 per street segment, not to exceed 171 street segments, or$3,420.00 Task 6 $20.00 per street segment, not to exceed 171 street segments, or$3,420.00 Task 7 $10.00 per street segment, not to exceed 171 street segments, or$1,710.00 Task S $0.00 Total $150.00 per street segment, not to exceed 171 street segments, or$25,650.00 Lump sun payments shall be made to the Contractor upon completion of the individual tasks noted above. EXHIBIT "C" F=76ro -3 /216X$4.16/14/96 TO CONTRACT SERVICES AGREEMENT 22 0 i EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 1 shall be completed within five (5) weeks from Notice to Proceed. Tasks 2, 3 and 4 shall be completed within six (6) weeks from Notice to Proceed. Tasks 5 and 6 shall be completed within seven (7) weeks from Notice to Proceed. Task 7 shall be completed within tune (9) weeks from Notice to Proceed. Task 8 shall be scheduled at the City's sole discretion. EXHIBIT "D" FSM76/0999W /21f 84.26114/96 TO CONTRACT SERVICES AGREEMENT Revisal:09/01/98 23 ,ET. 9, 2001 1 : Ili PI4 ,i12P1 ETE III6i1YAT"E (949) H'3-0906 10, 2193 P. 1/6 Ac:uKu„ l".r-K i iFlfif�t ur L�AMIL i r inISU A t+E� 10/09/2001 PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS F JED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR California DOI #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES 1500 Quail St. , Suite 410 INSURERS AFFO u1 GV Newport Beach, CA 92560 INSURED Albert Grover a Associates INSURERA; American M t y 211 E Imperial Hwy 1208 (�� ,♦`� INSURER B: (C/O Remper ., Fullerton, CA 92835 y(� IHSURERC: INSURER D.'-SURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY RIOO ICAI ANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIB ERTIFIC E ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I$5UBJECT TO ALL THE TERMS,EXe AFID CONDITIONS DF$IJCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OFINBURANCD POLICY NUMBER DATE MMAI DATE MD LIMITS GENERAL LIABILITY 7R566399401 07/01/2001 07/01/2002 EACH OCCURRENCE S 1 000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any"fire) G 500,000 CLAIMS MALE OOCCUR MED EXP(Any area pwaon) S 10,000 A PERSONAL 4 AOV INJURY S 11000,000 GENERAL AGGREGATE S 21000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS.COMPADP AGG S 2.000,000 POLICY PECD7 LOC AUTOMOBILE LIABILITY FR566399401 07/01/2001 07/01/2002 COMBINED SINGLE LIMrT ANYAUTO (Ea widen0 5 1.000.000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per;Amen) S A X HIREDAUTOS Bb01LY INJURY S X NON-OWNEO AUTOS (Pm acdCenl) PROPERTY 0A 09 S (PwaccldanD GARAGE LIADILITY AUfO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EAACC S AUTO ONLY: AGO G EXCESS LIABILITY R56639940Y 07/01/2001 07/01/2002 EACH OCCURRENCE a 2,000,000 )( OCCURCLANS MADE AGGREGATE S 2,000,000 A S DEDUCTIBLE ¢ RETENTION S S WORKERS COMPENSATION AND 7BCO8850201 07/01/2001 07/01/2002 X TORYDMITS R EMPLOYERS'LIABILITY A E.L EACH ACCIDENT S 1.000 000 EL DISEASE-EA EMPLOYE $ 11000,000 E,6 DISEASE-POLICY LIMIT 5 1,000,000 OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPTION OF OPERATONSILGCATIONVMICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECTAL PROVI9gNS ertificate holder is additional insured as respects general liability but only if required by written Cntract with the named insured prior to an oeeurence and as per coverage form EP7434. Coverage Subject to all policy tarms and conditions, E: Citywide Speed Survey CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILLXOLiBli3 WBD MAIL City of Palm Springs 30 DAYS WRIREN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Margo Basrosiers 560GCIX-tll®;OOPilp1@(LFxNg7lOA0B%IBx7YPDSPpA]IWRR074N47(OLFHOi1J01(X P.O. Sox 2743 XXXIINNWCP"K 1HIFb]DS@7011YpXK0®IOCSfrt9fY®PIt[Bk7IH4x1pFa%%X%XXX Palm Springs, CA 92263 AUTHORMED REPRESENTATIVE Alicia I ram, AAI* MICHMA ACORD 25S(7197) OACORD CORPORATION 1988 O T. 9. 1001 1 ; 1BY1d ClJidYIETE 111"U A E !9491 CF> —J90FJ /� IIJ, 21 P. 4/6mM/oDml AGCIKL7„ CtK 1 1R Ur LU"U31L11 T 11� U *✓ 10/09/2001 PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS f5SWEDASA MATTER OFINFORMATION Complete Insurance, Inc, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR California DOI #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO 1500 quail St.. Suite 410 Newport Beach, EA 92660 INSURERS AFFORDING COVE INSURED Albert Grover & Associates INSURER A: continental casual_ o 211 E Imperial Hwy f206 INSURERB: (c/e victor c e Fullerton, CA 92335 INSURERC: MSURER D. L�L� INSURER EI Q'y� COVERAGES V, THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P OD I ICA - ANY REQUIREMENT,TERM OR CONDITION OFANY GONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS C TIFIC MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTOALL THE TERMS,E)(CL SIGNS C CI L5,8 B OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE POUCYNUMBER GATE MM THE P L MSVDD N LIMITS GENERAL LIABILITY EACH OCCURRENCE 'o COMMERCIAL GENERAL UASILIrY FIRE DAMAGE(Anyone firs) 6 CLAIMS MADE ❑OCCUR MEO EXP(Anyone p..M) $ PERSONAL E ADV INJURY 4 GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER' PRODUCTS-COMPIOP AGO F 17 POLICYF—1 jAa 7 LOC AUTOMG61LE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea BccmonU 3 ALL OWNED AUTOS BODILY INJURY 3CMEDULEDAU6F08 (Pnrpa n) S HIRED AUTOS BODILY INJURY NON-OWHEDAVTOS (Pere 4rt) S PROPERTY DAMAGE 3 (Pw PCLidenQ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 4 ANY AUTO CTHFRTAAH EAACC t AUTO ONLY: AGO f EXCESS LIAOILIrY WAGCREGATES 3 OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 3 WORKERS COMPEN8knON AND I [vim LIMITSEMPLOYERS'LIADILITY EL DISEASE-EA YMPLOYCE 4 ML DISEASE-POLICY UMR S OTHER PRE11379AO64 07/09/2001 07/09/2002 $2,000,000 Per Claim Professional Liability A $2,006,000 Aggregate DESORIPTION OF OPERATIONS/LOCATIONSNEHICL aMXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 0 day notice applies to non-payment. 30 notice applies per farm 63-116. E: Citywide Steel Survey CERTIFICATE HOLDER ApOmONALINSUREC;MmURERLETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILLENDEAVOR TD MALL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE GERTIMOAre HOLDERNAMED TO THE LEFT, MAV90 Desrosiers BUT FAILURE TO MAILSUCM NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 2743 OF ANY FUND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. PRIM Springs, CA 92263 AUTHORRED REPRESENTATNE Alicia I ram AAI° MI[HMA r(�f� ACORD 26-8(7197) @AGGRO CORPORATION i988 ACQ CERTIFICATE 10 OF LIABILITY INSURANCE PRODUCER (949)263-0606 FAX (949)263-0906 /10/20/2003 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California DOI #0437762 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 19000 MacArthur Blvd„ Penthouse Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92612-1441 INSURERS AFFORDING COVERAGE NAIC# (INSURED INSURERA: Fidelity and Qaaranty Insurance, Ompany Alberk Grover b Associates NsuRERB; St. Paul Fire 4 Marine Ins Co. . 211 E, Imperial Hwy, Ste, 208 INSURERC; (C/o St. Paul) +w� 4 Fullerton. CA 92835 INSURER M 777777, INSURER IF- COVERAGES 'THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. TYPE OF INSURANCE PODCYRUMBFA POLICYEF C E P MCYEXP R2 0N LIMITS; GENERALLIABILITY BK01510192 07/01/2003 Q7/01/2004 EACH MCURRRENCE a 1.000.000 X COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED— S 500,00 CLAIMS MADE X❑OCCUR MED E(P(Any me Pmm) S 10,00 A PERSONAL AADVIWURY E 1,000,000 GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PROoucT3-cOMProP AGa s 21000,000 POLICY PEC LOC AUTOMOBILE LIABILITY RKOISI0192 07/01/2003 07/01/2004 COMBINED SINGLE LIMIT ANYAUTO (EaamdrnU $ 1.000.000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS S A IN,wsod) X N AUTOS BODILY INJURY X NOON-OWN-OWNED AUTOS (Per AaaldanU S PROPERTY DAMAGE S (Per amdem) GARAGE LIASIL AUTO ONLY-EA ACCIDENT S ANYAUTO OYHERTHAN EA ACC 9 0 AUTO ONLY: AGG S EXCESSNMBRELLA LIABIL11Y EACH OCCURRENCE S 2.000.0001 X OCCUR CLAIMS MADE AGGREGATE S 2.000.0001 A BKOISIO192 07/01/2003 07/01/2004 S DEDUCTIBLE S RETENTION II S WORKERS COMPENSATION AND WVA800369S 07/01/2003 07/01/2004 x WC 6TATU• EMPLOYERS•LIABILITY B ANY PROPRIETOWPARTNENEXEDUTIVE E.L EACH ACCIDENT $ 1 000,00 OFFJCERJMEMBER EXCLUDED?II EA,DISEASE•EA EMPLOYEES 1,000,000 yea 9GEC dMigibd cadet ML PROVISIONS Wow E.L DISEASE-PoLK:Y LIMR S 1 000,00 OTHER 10 By notice applies to non-payment and/or non-reporting DESCRIPTION OP OPERATIONS/LOCATIONS l VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by written ontract with the named insured prior to an OCcurence and as per endt. form CL/BF 21810101. Coverage ubject to all policy terms and conditions. E: Sunrise Way Coordination Timing FRTIFIgAT, E SHOULD ANY OF THE ABOVE DESCRIBE()POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL K%V&XLVKLLfi16 MAIL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED YO THE LEFT, Attn: Carrie (Traffic Engineering) � UUNWD9tY101YiD5i14M16MC(Ofdd7d4�OQ:UATIX1iXXX 3200 Tahquitz Canyon Way dtdOgN(d051(k11KYMKOOdKIKKr1EXKp00l1DOMEE!H %XXXXX)(X10f Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE Alicia I ram MICHMA ✓U� /f ACORD 25(2001/06) (DACORD CORPORATION 1980 F ,4 6UP '09 nnpn PO' (RiR) 'AkTVZn0ITT nTCTT..11 C1 rT rnn