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04328 - DESERT JANITOR ROADSIDE MAINTENANCE
Page: 3 Report: Expired Contracts: Oldest Date= / / and XREF = ENGINEERING -Summary October 22, 2003 Contract Number Description Approval Date Expiration Date Closed Date A4259 Professional Traffic Education Programs 08/02/2000 06/01/2002 Contractor:Safe Moves Insurance Status:A policy will expire soon. dpjQv XREF: ENGINEERING Service: In File A4260 Traffic Collision Database System, CP00-03 08/02/2000 08/01/2001 y / Contractor:Crossroads Software Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4282 MVP Phase 3, CP99-13 10/04/2000 07/01/2001 Contractor:Professional Service Industries Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4309 Traffic Volume Counts/Speed Survey, CP00-23 11/15/2000 05/01/2002 Contractor:Counts Unlimited Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4318 Engineering Design for Indian CP00-14 12/06/2000 12/01/2002 Contractor:Dokken Engineering Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4328 Roadside Maintenance 01/03/2001 01/01/2002 Contractor:Desert Janitor Co. Insurance Status:A policy has Expired. ` XREF: ENGINEERING Service: In File A4357 Gene Autry/Ramon Rd. Median Islands 04/04/2001 04/01/2002 Contractor:RGA Landscaping Insurance Status: Certificate and Policies are OK XREF: ENGINEERING CIO3��� Service: In File Desert Janitor Co. Roadside Maintenance AGREEMENT 14328 M06775, 1-3-01 CITY OF PALM SPRINGS Engineering Division CONTRACT SERVICES AGREEMENT FOR ROADSIDE MAINTENANCE THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of J /J4t/4 AV 200%, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Desert .Tauitor Co. (herein "Contractor") (The term Contractor includes professionals performing in a consulting capacity.) The patties 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 fast class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein hi the event of any inconsistency between the terns of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having.jurisdiction in effect at the time service is rendered. 1.4 Licenses Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses,permits and approvals as may be required by law for the performance of the services required by tlris Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and tares, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be perfumed, (b) has carefully considered how tine services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to conunencement 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. FS2276/099999-3000/2160684.2 6/14/96 Roused:09/01/98 l 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to filmish 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 proposes 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 lust 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 Stun 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 coudict between the provisions ofExhibit "B" and any other provisions of this Agreement,the provisions of Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Stun. 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 ($109,440.00) (herein "Contract Sum"), except as provided fir Section 1.8. The method of compensation may include: (i) a hump stun payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum 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 PaVrnent. 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 day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. FSM7 6/0 99 99 9-3 000/21 606M.2 6/14/96 Ku,ncd.09/01/98 2 • 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" if any, and incorporated herein by this reference When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively 3.3 Force Maicure. 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, fines, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if One Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof,except as otherwise provided in the Schedule of Performance. 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 cormection therewith- John F.Lands President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the tern 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. FS2076/099999-300n/2160684 2 U14196 Revised:09/01/99 3 0 • 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 terns of this Agreement. 4.3 Prohibition Against Subcontractina or Assianmeut. 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 ,my 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 suety, 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, ifnone are available, to persons or entities with offices located hi the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in delenuiming 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 hoes 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 in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE,INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) 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 either (i) a combined single limit of$1,000,000 for bodily injury, death and properly 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 F52/27 6/0 99 99 9-3 0 n/21606R4 2 6114196 Rovrsod.09/nl/99 4 • 0 properly damage limits of $500,000 per occurrence. If the Contract Stun is greater than $100,000, the policy of insurance shall be in an amomrt not less than$5,000,000 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claiin 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 properly 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, nonowned,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 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, suburit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services tinder 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 tine same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 hiderrindication. Contractor agrees to indemnity the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations,errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this F92276/099999-300n/21606842 6/14/96 Revised 09/01/98 5 9 • 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 herermder; 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 clans 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 term of the Agreement and shall be, null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, mess such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten(10)days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. rS2/296/099999-3000/21606942 6/14/96 Re..d:09/01/94 6 • 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Docmnents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contactor 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, docurrrents 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 Comity of Riverside, State of California, or any other appropriate coma 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 hijured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injtued party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the true of such default wither fortyfive (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. T3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contactor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and(ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or ornissions in performing or failing to perform Contractor's obligation rider this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding,an amount sufficient to cover such claim. The failure of City to exercise such Fa2/276/099999-3000/2160634 2 6/14/96 Revrs«P 09 01/9€ 7 0 right to deduct or to withhold shall not, however, affect the obligations of the Contractor to unsure, 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 lake 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 injrnctive 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 srim of as -0- ($ -0- )liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor ally accrued liquidated damages. 7.8 Termination Prior to Expiation Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition,the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City,the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations rider 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 ]neemnder exceeds the compensation herein stipulated (provided that the City shall rise 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. F52M6/099999-300l1/2160684.2 6/14/96 Revised 09/01/99 0 • 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, tatting 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:NONDISCRINMATION 8.1 Nonliability 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 f namial 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 and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are heated dining employment without regard to their race, color, creed, religion,sex,marital status,national origin,or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in i iting and either served personally or sent by prepaid, firstelass 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 seventytwo (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. F=76/099999-3000/21606842 N14/96 Revised:09/01/99 9 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 then 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. CITY OF PALM SPRINGS, ATTEST: a municipal corporation A./ L�-- Bye. !/ City City Clerk Manager (Che�ck�vtie: _Individual_ Partnership APPROVED AS TO FORM: —Corporation) R.. — CONTRACT City Atto ey (NOTARIZED) By: CL/iL Signature i n F. Lands, President Print Name&Title (NOTARIZED) By: Signature Print Name&Title Mailing Address: 100 Sunrise Way South,4310 (Corporations require two signatures One fiom each of the Palm Springs,CA 92262 following: A Chairman of Board,President, any Vice President- AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer) (END OF SIGNATURES) FS2/276/o99999-30n0/2160684.2 6/14/96 Revised:09/01/98 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On December 29, 2000 before me, Evangeline Callego, Notary Public DATE NAME,TITLE OF OFFICER- E.G.. 'JANE DOE, NOTARY PUBLIC" personally appeared, John F. Lands 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), orthe entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. --ornm L (SEAL) 8 AOTARY PUBLIC SIGNA URE i P If.: C10 2' OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT Contract Services Agreement for Roadside Maintenance DATE OF DOCUMENT December 29, 2000 NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE r ask rJ h, , J . w�L XL Specialty Insurance Company w 1450 East American Lane •20th Floor Schaumburg, Illinois 60173-5458 xLA SURETY 1-800-394-3924 - - - - XLSF-01233 > r � a°"°" PERFORMANCE BOND ' " KNOW ALL MEN BY THESE PRESENTS, That we (Insert the full name and address of the Principal below) hereinafter referred to Desert Janitor Company as Principal, 100 South Sunrise #310,Palm Springs, CA 92262 and XL Specialty Insurance Company, a corporation, hereinafter referred to as Surety, organized and existing under the laws of the State of Illinois and authorized to do business in the State of California, are held and firmly bound unto (Insert the full name and address of the Obligee below) hereinafter referred to CITY OF PALM SPRINGS, OFFICE OF THE CITY CLERK as obligee, 3200 TAHQUITZ CANYON, PALM SPRINGS, CA 92262 in the penal sum of One Hundred Nine Thousand Four Hundred Forty And 00/100's Dollars IS ***S109,440 00 ) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves our Executors, Administrators, Successors and Assigns, firmly by these presents. Whereas, the principal has entered into a certain written contract with the obligee dated the 3rd day of January 1 2001 in the amount of One Hundred Nine Thousand Four Hundred Fortv And 00/100's Dollars, (Insert project description and location below) CONTRACT SERVICES AGREEMENT FOR ROADSIDE MAINTENANCE Location :PALM SPRINGS,CA in accordance with the general conditions, the drawings and specifications, which contract is by reference incorporated herein, and made a part hereof, and is referred to as the contract. Now, therefore, the conditions of this obligation, as specified on the reverse side of this form, are such that if the principal shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain In full force and effect. Signed, sealed and dated this 29th day of January 2001 Desert Janitor Company (Seat if applicable) 0 (Print or type name of principal) (Witness) By. ISignature of authanzed representative) l6" CrAWD5 I , 51b&71 i (Type name and title) ,XL Spe It Insurance Connny .✓ N ors.. (Witness) (Attorney-in-fact) Julia B . Leonard -- - - - IN...typed) (SEE REVERSE SIDE FOR IERNIS AND CONDITIONS) XHe9L-1 (3/00) • 7f.f\ t y PERFORMANCE' BOND 1.The Principal and the Surety,jointly and severally,bind themselves,their heirs, executors,administrators,successors and assigns to the Obligee for the performance of the Contract,which is incorporated herein by reference. 2.If the Principal performs the Contract,the Surety and the Principal shall have no obligation under this Bond,except to participate in conferences as provided in Subparagraph 3.1. 3.If there is no Obligee Default,the Surety's obligation under this Bond shall arise after: 3.1 The Obligee has notified,by certified mail,the Principal and the Surety,as instructed in Paragraph 10,that the Obligee is considering declaring a Principal Default and has requested and attempted to arrange a conference with the Principal and die Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Contract. If,the Obligee,the Principal and the Surely agree,die Principal shall be allowed a reasonabletime to perform the Contractbut such an agreement shall not waive the Obligee's right,if any,subsequently to declare a Principal Default;and 3.2 The Obligee has declared a Principal Default and formally terminated the Principal's right to complete the contract. Such Principal Default shall not be declared earlier than twenty days after the Principal and the Surety have received notice as provided in Subparagraph 3.1;and 3.3 The Obligee has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perform the Contract in accordance with the terms of the Contract with the Obligee. 4. After the Obligee has declared Principal in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable investigation as to whether or not the Principal's default has actually occurred,tire Surety may at its own option elect one or more of the following actions: 4.1 Arrange for the Principal,with consent of the Obligee,to perform and complete the Contract;or 4.2 Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Contract,arrange for a contract to be prepared for execution by the Obligee and the Principal selected with the Obligee's concurrence,to he secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Contract,and pay to the Obligee the amount of damages as described in Paragraph 6 in excess of ire Balance of the Contract Price incurred by the Obligee resulting from the Principal's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .l After investigation,determine the amount for which it may be liable to the Obligee and as soon as practicable after the amount is determined, tender payment therefor to the Obligee;or .2 Deny liability in whole or in part and notify tie Obligee citing reasons therefor. 5.If the Surety proceeds as provided in Subparagraph4.4 and the Obligee refuses lire payment tendered or the Surety has denied liability,in whale or in part,without further notice the Obligee shall be entitled to enforce any'remedy available to the Obligee. 6. After the Obligee has terminated the Principal's right to complete the Contract,and if the Surety elects to act under Subparagraph4.1,4.2 or 4.3 above,then the responsibilities of the Surety to the Obligee shall not be greater than those of the Principal under the Contract,and the responsibilities of the Obligee to the Surety shall not be greater than those of the Obligee under the Contract. To the limit of the amount of this Bond,but subject to commitmentby the Obligee of the Balance of the Contract Price to mitigation of costs and damageson the Contract,the Surety is obligated without duplicalionfor: 6.1 The responsibilities of the Principal for correction of defective work and completion of the Contract;and 6 2 Liquidated damages, or if no liquidated damages are specified in tie Contract, actual damages caused by delayed performance or non- performance of the Principal. 7. The Surety shall not be liable to the Obligee or others for obligations of the Principal that are unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Obligee or its heirs,executors,administration or successors. 8.The Surety hereby waives notice of any change,including changes of time,to the Contract or to related subcontracts,purchase orders and other obligations. 9. Any proceeding,legal or equitable,under this Bond maybe instituted in any court of competentjurisdiction in the location in which the work in part of the work is located and shall be instituted within six months after Principal Default or within six months after rite Principal ceased working or within six months after the Surety refused or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety,the Obligee or the Principal shall be mailed or delivered,by certified mail to the address shown on[he signature page. 11, When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Contract was to be performed, any provision in[his Bond conflicting with said statutory or legal requirement shall be deemed deleted hereFrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein 12. DEFINITIONS 12.1 Balance of the Contract Price:The total amount payable by tie Obfgec to the Principal under the Contract after all proper adjustments have been made,including allowance to the Principal of any amounts received or to be-received by the Obligee in settlement of insurance or other claims for damages to which the Principal is entitled,or reduced by all Valid and proper payments made to or on behalf of the Principal under the Contract. 12.2 Contract:The agreement between the Obligee and the Principal identified on the signature page,including all Contract Documents and changes thereto. - - - 12.3 Principal Default: Failure of the Principal,which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. L 12.4 Obligee Default Failure of the Obligee,which has neither-been remedied Put waived,to pay the Principal as required by ire Contract or to perform and complete or comply with the other terms hereof. - ? ? ,l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I�`1�1.0 1a. 1MC_C,•^C�^C•.M.. �'^ (�-�,�^.CC)crcX•..^,r ().>=.(;�Y•.,(�S,C:'.T';�N��(;cr i;c`,cr�•iY•F;r M:;g^„�'•=,N,(-;r.[aly x^ ^(:s^_„-�%.'v Y State of California �� 1 } sa.p,� � County of 4 ,,114�25i�.L-S 3, On 6f f3 -2.s7 , before me,,—ff=d9- A,— �� �L� �as� I( Dole /` Name and Tllle of&f,der( g "Jane one,Nol ry Pubha") personally appeared —U 111 4,4 �S ��,2 � /��z o• �ts� 7v6Pw� I� Nema(s)of Signers) -% �-pgrsnt�lly-k-nolmr5-to me proved to me on the basis of satisfactory I evidence to be the person(*) whose name(s) is/ e subscribed to the within instrument and J.A.POTERO,JR. acknowledged to me th Commission# 1184775 g 4 tte/#ge executed the same in i GtaeNYbeir authorized Notary Public-California capacity( * Riverside County )- and that by s/ erlttieir MyCamm-I5PkesMay24,2=y signature(4on the instrument the person(s�, or the entity upon behalf of which the person(s) p,51 acted, executed the instrument. I- WITNESS my ha d and offic'pI seal. � I Place Notary Seal Above gnalure of Notary Public g• OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DcfRjument ill, Title or Type of Document. pe-li . Document Date: / /3/1d:b 1 Number of Pages: I I t I� SigneW Other Than Named Above: JG.Z/ 1 - Capacity(ies) Claimed by Signer Signer's Name: I` L��Ihdividual •• �i 2 23g Top of thumb here WCorporateOfficer—Title(*): ` ❑ Partner—❑ Limited ❑ General �I ❑ Attorney in Fact El Trustee I ❑ Guardian or Conservator LE] Other:Representing: 3�Z�o�w•c:v�"cc.:�;w •z=„�c.�.Z.'�-s-,�_-�v_�i•�•_c�,=�_�_w•-,c,_ �-c.- � 'uu._ vc:�,w��:..><;`,c�a 01999 National Nolary Aseoclalion•9350 De Solo Ave.,Pe Box 2402•Chalswerb.CA 91313"2402•wwwnellonalnoleryor9 Prod No 5907 Reorder:Call Toll-Free 1"000"876"BB27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On ANN 2 9 2001 before me, DANNA BAKER, NOTARY PUBLIC Name and Title of Officer(e.g."Jane Doe, Notary Public) personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s)of Signer(s) ®personally known to me - OR - ❑proved to me on the basis of satisfactory evidence to be the persons) whose nameN is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/that,authorized capacity(4es), and that by nature(s) � , DANNA BAKER his/hers/thei,si g on the instrument the person(s), or I � COMM.#1202129 D the entity upon behalf of which the persons)acted, executed ' o� NOTARY PUBLIC-CALIFORNIA �+ v RIVERSIDE COUNTY the instrument. ` %�My Comm.Expires Nov. 17,2002 f WITNESS my hand and official seal. CVNYA 9 a P Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIA B. LEONARD Signer's Name: ❑Individual ❑Individual ❑Corporate Officer ❑Corporate Officer Title(s): Title(s): ❑Partner---❑Limited ❑General ❑Partner---❑Limited ❑General ®Attorney-in-Fact ❑Attorney-in-Fact ❑Trustor/Trustee ❑Trustor/Trustee ❑Guardian or Conservator ❑Guardian or Conservator ❑Other: ❑Other: Signer is Representing: Signer is Representing: ViLSPECIALT* • AN XL CAPITAL COMPANY IIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Bon ][ SF>012 LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the XL SPECIALTY INSURANCE COMPANY,a corporation organized and existing by virtue of the laws of die State of Illinois("Company" or"Corporation"), does herchy nominate, constitute and appoint .JIdiB B. LeoaaCd its true and lawful Atorney(s)-in-Fact to make, execute,attest, seal, and deliver for and on its behalf, as surety, and as its act and deed,where required, any and all bonds,undertakings. recognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event to exceed$5,000,000.00 as required by Surety Obligees. Such ponds and Undertakings,when duly executed by the aforesaid Attonley(s)-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with its corporate seal This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on die 5th day of December, 1988: "RESOLVED,That the President, or any Vice President of die Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be, and that each or any of them hereby is authorized to attest the execution of any such Power of Attorney, and to attach thereto the Seal of the Company. FURTHER RESOLVED,That the signature of such officers and the Seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached " Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to die following Resolution adopted by the Board of Directors of the Company on August 7, 1997. "RESOLVED,That the signature of Stanley A.Galanski, as President of this Corporation, and the seal of this Corporation may he affixed or printed on any and all bonds, undertakings, recognizances, or other written obligations thereof, on any revocation of any Power of Attorney, or on any certificate relating thereto,by facsimile, and any Power of Attorney, any revocation of any Power of Attorney,bonds,undertakings, recognizances, certificate or other written obligation,bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, the XL SPECIALTY INSURANCE COMPANY has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officers this 3rd day of January, 2000. XL SPE�CIAiLTY INSURANCE COMPANY p9hN5an4NCmp, -"l+�NIw ��rt BY: xa�JA4fE `;' PRESIDENT . SEAL l= ^ o ATTEST: STATE OF ILLINOIS SECRETARY COUNTY OF COOK ss. On this 3a day of January, 2000.before me personally came Stanley A.Galanski to me known,who,being duty sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation;that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority: OFFICIAL SEAL JO R ATE ORb /) b NOTARY PUBLIC,P.TAiE OF ILLINOIS aL69fC Y COMMISSION EXPIRES 12a 3M3 NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF COOK as. I, Ben M. Llaneta,Secretary of the XL SPECIALTY INSURANCE COMPANY a corporation of the State of Illinois,do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company, and that I have compared same with the original and that it is a correct transcript therefrom and of the whole of the original and that the said Power ofAtomey is-still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have herelhptp jet my hand and affixed the of said Company, t,l the City of Schaumburg,this 29th day of Januaryso LUUUU _ may&MNs BRO,cn SEAL SECRETARY EXHIBIT "A" SCOPE OF SERVICES 1. SCOPE OF WORK. Maintain six (6) assigned street routes (Exhibit "A-1"attached) located within the City of Pahn Springs, by policing and litter pick-up to remove paper, glass, trash, undesirable materials, vegetation, and other accumulated debris from City streets and rights-of-way, from centerline of road to 10 feet off of road edge in both directions. All routes should be completed once during each five (5) day work week. Perform a City-wide paten frond route when directed by the Contract Officer or his designee. During normal work hours, respond within thirty (30) minutes to radio, pager, or telephone requests from the City's Street Maintenance staff to remove debris or vegetation that is located in the streets or rights-of-way from events such as traffic accidents, illegal dumping, paint , diesel and oil spills, downed trees, vegetation, and rain and wind stomas. The Contractor must be prepared to respond to changing work assignments. An example is: being pulled off of an assigned route to respond to a request by the Contract Officer, or his designee, to pick up an abandoned mattress or appliance, etc., and then immediately return to the previous assignment. Contractor shall maintain a log sheet of daily activities and hours worked that is turned in to the City's Street Supervisor at the end of the work shift (log sheets will be provided by the Contract Officer). Contractor shall provide phone number, pager number for all persomiel on"Call-Out"list. 2. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting up to 100 lbs in weight. The lead worker of each crew must be able to understand, read, and write English, possess an appropriate valid California Driver's License, and have knowledge of how to use the equipment listed below. One of the crew members will be designated as a lead worker and will be the primary point of contact to receive and implement instructions. Within 60 days of contract implementation a mininnun of one individual member of the crew on duty nest possess a certificate of training in Work Zone Traffic Control, the certificate must be issued by the International Municipal Signal Association, the University of California Institute of Transportation Studies or an equivalent training program approved by the City. The Contractor will be responsible for any cost associated with traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program must be held to a minium. The City may, at it's sole discretion, direct or allow the Contractor to use a single person to provide the required services. Such work, when authorized by the City, will be governed by the rates proposed in Schedule "A" (or in the case of an emergency, by Schedule"B"). Except when directed otherwise,the Contractor will be required to provide a 2-man crew. 3. MINIMUM EQUIPMENT NEEDED:A four wheel drive vehicle equipped with a flashing arrow sign (FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000 miles per month. I1 • Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks, weed- eaters, and safety equipment, are required. Radio and Pager will be provided by the City. Contractor will be held responsible for loss and/or damage of equipment provided by the city. 4. WASTE DISPOSAL: The City will be responsible for disposal of waste material collected by the Contractor and no fee should be included in the bid for dump fees. The Contractor will be responsible for sorting of material into the proper bins provided at the City Corporate Yard, located at 425 North Civic Drive, Palm Springs. Should the Contractor fail to dump the collected materials into the proper bins, Contractor will be responsible for payment of dump fees for die contaminated bin and repeat offenses could result in the Contractor becoming responsible for his own disposal arrangements, or termination of the Contract. EM-IMIT"A" TO CONTRACT SERVICES AGREEMENT 12 xuu.. Palm Cany Dr Vista Chino Gene Autry iri Gateway Lim Hwy Ill Las Vegas Rd Las Vegas Indian Canyon Gateway Dr Tramview Rd Indian Canyon Dr West End Racquet Club Rd Hermosa Rd & Bike Path Sunrise Wy ROUTE 3 Vista Chino Gene Autry Whitewater Wash E1 Mirador Ave Caballeros Sunrise Wy Tachevah Dr Ave Caballeros Sunrise Wy Amado Rd Calle El Segundo Sunrise Wy Baristo Rd El Cielo Farrell Dr ROUTE 4 La Mirada At Sunny Dunes Rd Ramon Rd La Mirada Belardo Rd Crossley Rd Ramon Rd Avenue 34 El Cielo Rd Escoba Rd & Bike Path Sunny Dunes Rd Ramon Rd El Cielo (including Medians) San Luis Rey Ramon Rd San Luis Rey (So. Side only) Ramon Bridge Mesquite Rd Vella Rd Mwh Shore Bridge San Luis Rey Mesquite Rd Ramon Rd SunnyDunes Rd Gene Autry Trl Crossley Rd SkyPoint Crossley Rd. San Luis Rey SkyPoint Ramon Rd SkyPoint Camino Parocella San Luis Rey Gene Autry Trl Indian Springs Crossley Rd Rio Blanco Rio Blanco Indian Springs San Luis Rey Public Rd SunnyDunes Rd Camno Parocella Vella Rd (W. Side only) SunnyDunes Rd Mesquite Rd ROUTE 5 S. Palm'.CanyonDr - E. Palm Canyon Dr South End Belardo Rd Alejo Rd Sunny Dunes Rd SunnyDunes Rd S. Palm Cnyn Dr Belardo Rd Alejo Rd Palm Springs Airport Vine Rd Mesquite Av S. Palm'-Cnyn Dr West End Bogert Trl S. PalmlCanyon Dr BogertTrl.Brdg Laverne Wy Camino Real (South side) CallePaloFierro ROUTE 6 Farrell Dr Tamarisk Rd Vista Chino Sunrise Wy North End Vista Chino Ave Caballeros Racquet Club Road Via Escuela Ave Caballeros Alejo Rd Saturnino Rd Calle Encilia Alejo Rd Ramon Rd Calls El Segundo Alejo Rd Ramon Rd ROUTE 8 Indian Canyon Dr Vista Chino Interstate 10 Indian Canyon Dr(W.Side only) Interstate 10 18th Ave Garnet Rd. East End W.City Limits 20th Avenue W,City Limits Indian Cnyn Dr Dillon Rd Melissa Ln Diablo Rd Tipton Rd Hwy Ill Interstate 10 Wendy Rd Tipton Rd North End Salvia Rd West End East End Gene Autry Trl(Palm Dr.) Interstate 10 Vista Chino Executive Dr Vista Chino Via Escuela Via Escuela Executive Dr (North side) Whitewater Club Palm Frond Route To be completed as instructed by Supervisor; usually following adverse wee conditions (i.e. ) wind, rain, etc. Palm Cnyn Dr Gateway Farrell Dr Indian Cnyn Dr Vista Chino Ramon Rd Tahquitz Cnyn Wy Palm Cnyn Dr E1 Cielo Cerritos Dr Ramon Rd Cmno Parocella Camono Parocella Cerritos Dr Sunrise Wy Frontage Rd Camino Parocella Cerritos Dr Exrfl air �r — (� {v C� 0( !!U i w + I I , +SAN GORGONIO + R� a�. 11 aumAV s 4f s S a 1 /1 _ OLO IW g WiIRR 6 ``Y 10 N 8 8 8 g- � a 9---- INDIAN i TM1W,pACK -- 12 7 la RESERVATION RWY w ^� � s +ox V13 P LM 15 17 18 a � i MORONGO INDIAN 20 24 j 19 s E 1 F4 RESERVATION �� g . $ * 27 ' Sp .tY.IN10 MIUKAIRS F � Ilp 4 SEE 389 1 N. COLOPACO RIVER 2 AWEIXKT \, 1 QI p�TNukL�F'x _ I 1 of I _ 5.__ T_ - 1 EX�r iTN7EDr, °, .I NI L ____ ______, LAKE@E3IM OR 10 11WHIT EWAp , DI p Ro DI LON ' ,,Xr1TEMA ,Nt o \�� 12i , YI 1 AV 1 I of I I PALM - � AV 6pgro qq 207}/ I� t � I G to 15 . 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M Ri�� ._ .�X]3tl C }a 1 rX�� Y� y s15qqI5��''j•__ ����jjjj }-- Fh � by "'� _ tl P 3:� 1Wl y"�AInM.ti ^{2Q'8 f�� �I S ry PVLA�l NIYJ 4 IIi lY� L - y rSG w ql C �3 � �5�� I 9T L y� �vas r a¢ � .� -mn r�,If33 a'$ z.3M xy■ c'A3t.�*'>r`>r �#,'�maxw '� '' I �' � ■Lyds v a ■ ^ om NOANYJF €i - hA'`(! �� �'Axuua"�.'2!p. ■b IH -8 � M �7 .+I 'fit 3 . . +1'I2 � YNO a - r � ' caa ��q�m�t� m 'r �■it.ow - "'�_ ■ °t h.0 � 1 + � - A ' "1. and R i' � °°^"� �'�,2` .-�ggX� . '' R� �� r£a ,5; � • I '.. *, M � •$ m 4>. � .ice a:' s+ F� _ -—-- .r EXHIBIT"B" SPECIAL REQUIREMENTS LICENSE REQUIREMENT: Contractor shall possess a valid City Business License throughout the tens of this agreement, Section 3.4 Term shall be revised to a two year term for this agreement. E)&IMIT'B" 13 EM-IIBIT"C" SCHEDULE OF COMPENSATION SCHEDULE A.: Rate for Roadside Maintenance work for vehicle, lead worker, and worker, including all equipment, supplies, insurance,uniforms and other associated costs: Lead Worker $12.75 per hour Worker $10.75 per horn' Vehicle and Supplies $ 5.00 per hour 2-man crew plus vehicle (based on 160 hrs/nionth). . . . .$4,560.00 per month SCHEDULE B: Rate for emergency call-out for vehicle, lead worker and worker, including all equipment, supplies,insurance,uniforms and other associated costs: Lead Worker- Overtime $19.12 per hour Lead Worker- Holiday $25.50 per hour Worker- Overtime $16.12 per hour Worker- Holiday $21.50 per hour Vehicle and Supplies $ 5 00 per hour (overtime and holiday) Invoices shall be submitted to the Contract Officer for approval. Contractor shall bill City monthly using the muuber of hours worked as the basis for payment. Individuals assigned to this program shall, in addition to daily log sheets, record hours worked on a daily basis at the direction of the Contract Officer and submit to City upon request. EXHIBIT"C" FgV27c099999-1000/21606842611IM CONTRACT SERVICES AGREEMENT Rev�scd 09/01/98 15 EXHIBIT "D" SCHEDULE OF PERFORMANCE WORK HOURS: Regular work hours consist of 7:00 A.M. to 3:30 P.M Monday through Friday. Any hours worked other than the regularly scheduled hours are considered "emergency call-out" hours, and will be only at the direction of the Contract Officer. Emergency call-out hours may be necessary in the case of downed trees, storm debris in rights-of-way, or any condition endangering the safety of the public. The Contractor must respond to an emergency call- out within one (1) hour. Hours worked on an emergency basis will be logged in the same way as regular hours, and will be indicated on the Contractor's invoice as"emergency call-out hours" Except in the case of an emergency call-out, there will be no work scheduled on days that the City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and the day after, Christmas Eve Day, Christmas Day and New Year's Day. EXF-IIBIT"W FSI121&099999-3000/21e0e8n z N1 M CONTRACT SERVICES AGREEMENT Revisal 09/01/9S 16 ACORD Ci1�Rf IC I_IABILIT`Y INSIJRA�}GE DATE(MM/OD YY PRODUCER LO 18 00TH15 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION �b ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE JORDAN COMPANY . 1�HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1325 AUTO PLAZA DRIVE #14(�-_��:�'�O � COMPANIES AFFORDING COVERAGE POST OFFICE BOX 527G / � � COMPANY AA� SAN BERNARDINO, CA 92412-52 6 A �ElentiE le Insurance Corporation INSURED COMPA 7� Desert Janitor Company, a B division of Lands Maintenance COMPAYRFO 0 n 100 South Sunrise Way, Suite 310 c CID t Darlene Johnson, CPCU Palm Springs, CA 92262 COMPANY CLERK COVERAGE S,,li 760 320-2643 D 09) 888-2231 FAX 889-3428 ., ,r ''::. �, �. .�. ,::,.. ... .. .. .. :., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED INDICATED, NO ABOVE FOR THE POLICY PERIOD TWITHSTANDING ANY REgUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS EXCLUSIONS A SUBJECT TO ALL THE TERMS, ND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANCE POLICY NUId BER POLICY EFFECTIVE POLICY E%PlRATlON LTR DATE MM/DO LIMITS ( /Yl� DATE(MM/DO/W) GENERAL LIABILITY GENERAL AGGREGATE $ 2 , 000 , 00 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ Included CLAIMS MADE X OCCUR PERSONAL&ADV INJURY S 1, 000 , 00 A OWNER'S&CONTRACTOR'SPROT CCP 57 92 43-02 9/01/00 9/01/01 EACHOCCURRENCE $ 1, 000, 00 FIRE DAMAGE(Any one fire) $ 100, 00 MED EXP(Any one person) $ 5 , 00 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT S 1 o O 0, 0 0 ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY $ (Per person) A X HIRED AUTOS CCP 57 92 43-02 9/01/00 9/01/01 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY. EACHACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND X TOgV LIMITS ER ELEMPLOYERS'LIABILITY EL EACH ACCIDENT $ 1, 000, OO A THE PROPRIETOR/ INCL NWC 54 59 05-02 9/01/00 9/01/01 EL DISEASE-POLICY LIMIT $ 1 OOO 00 PARTNERS/EXECUTIVE , , OFFICERS ARE, EXCL EL DISEASE-EA EMPLOYEE $ 1, 000 , 00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re : Services *Additional Insured for General Liability per form GECG953 on reverse . **30 Da vs EXCEPT 10 Da s for Non-Pa ent of Premium c�RlIFICATE EId'LDen SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *City of Palm Springs **DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P. 0 . Box 2743 OF ANY KI p UPON THE COMPANY, ITS -AGENTS OR REPRESENTATIVES. Palm Springs, CA 92263-2743 1 AUTHORIZED RE ENTATIV ACot;q z5�5,(d/951 ;: CC7RaoRATlE12t ies6 REC#38 ACORD" CERTIFICAV OF LIABILITY INSUVNI DATE(MM/DD/YY) TM' D9/18/2001 PRODUCER nia Southwestern FAX (949)588-8348 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California Southwestern HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Insurance Agency/Lic.# 0443354 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1SS20 Rockfield Blvd, Suite B Irvine, CA 92618 INSURERS AFFORDING COVERAGE INSURED Desert Janitor Company INSURER A. Sequoia Insurance Company 100 S Sunrise Way INSURERS Indemnity Ins. Co of N.A. Palm Springs, CA 92262 INSURERC INSURER D / y\er I-I INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWrrH.%XANl3iNG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YYIIU) LIMITS GENERAL LIABILITY CMP114709 09/01/2001 09/01/2002 EACH OCCURRENCE $ 1,000,000 _ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 1,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY D PROECT LOC J AUTOMOBILE LIABILITY MP114709 09/01/2001 09/01/2002 COMBINED SINGLE LIMIT $ ANY AUTO (Eaacatlent) 1,000,000 ALL OWNED AUTOS BODILY INJURY A X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY accident) $ X NON-OWNED AUTOS (Per acatlent) PROPERTY DAMAGE $ (Per aoadenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ 71 OCCUR CLAIMS MADE AGGREGATE $ 5 DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND MWC013221 09/01/2001 09/01/2002 TORY OMITS ER EMPLOYERS'LIABILITY E.L.EACHACCIDENT $ i.000,000 _ EL DISEASE-EAEMPLOVEE $ 1,000,000 E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is hereby named as additional insured with respect to general liability only per form CPP-30 '10 day notice of cancellation for non-payment CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Palm Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 2743 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 92262 AUTHORIZ DREPRESE TATIVE n-r J 11 _C,:l_ 6777