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HomeMy WebLinkAbout04278 - EARTH SYSTEMS EPC GENE AUTRY STREET WIDENING CP92-36 PALM sA City of Palm Springs Office of the City Clerk N (760) 323-8205 t,FOVL V MEMORANDUM Date: To: i From: City Clerk AGREEMENT# �� - � Please let us know the status of the above agreement, and if it may be closed. STATUS: ✓COMPLETED: 2 01 i- k a T REMAIN OPEN Date & Initials CLOSE AGR,, 1ff ignature PLEASE RETURN TO THE CITY CLERK w! UJ r •Earth Systems Southwest EPC & Gene Autry Str Widening AGREEMENT #4278 M06714, 9-20-00 CITY OF PALM SPRINGS -- - -- -- - Engineering Department CONTRACT SERVICES AGREEMENT FOR EAST PALM CANYON/GENE AUTRY TRAIL WIDENING CITY PROJECT 92-36 THIS CONTRACT SERVICES AGREEMENT(herein"Agreement") is made and entered into this 28 day of September 2000, by and between the CITY OF PALM SPRINGS, a munlcl-'—'pa corporation (herein "City") and EARTH SYSTEMS SOUTHWEST, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits Fees and Assessments. Contractor shall`obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twelve Thousand One Hundred Seventy-Four Dollars($12,174.00)("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Craig S. Hill is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Tom Cartwright is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. v521276\ar9999-3u09v0226932 08c2/95 R,v J09/01/99 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.0 INSURANCE AND INDEMNIFICATION 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1,000,000.00 or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of workers 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, 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 $500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or(ii) combined single limit liability of$1.000,000,00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". 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 forthe Worker's Compenstation 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 4.1 to the Contract Officer. No work or services underthis Agreement FS2V270099999-300➢2022693 2 WW'1/95 Rmixd 09/01/" • • 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. The Contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance 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 due to unique circumstances. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (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 or services 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 orfailure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2001. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty(30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or r91A246A099999-300000"6933 n08M/95 2emmd 09/01/98 for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have anyfinancial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743. Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate 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. PSS276\0 9 99 9 9-3 0()0A2iA^_693 3 inuBC'_/95 Rev,.ed 09A " IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CONTRACTOR, CITY OF PALM SPRINGS, Earth Systems Southwest a municipal corporation (Check one: _Individual_Partnership Corporation) � 9 City Mana r Signature(Notarized) Print Name&Title ATTEST: Bydz�' Si ature(Notarized) City Clerk 1 ';'d�d� y�°'�-V3��.ld.d r2„,r:�D Print Name& Title APPROVED AS TO FORM: Mailing Address: B J City A rney (END OF SIGNATURES) (Corporations require two signatures' One from each of P(a9� a�0 �'�° �y9P•�Ern 'T;9"'1°C"��sR E g�'74,, the Following: A. Chairman of Board, President, any Vice President:AND B. Secretary,Assistant Secretary, ' y✓'•Y"r'!\� °' °��d, �a� -`a —®-.' � Treasurer,Assistant Treasurer, or Chief Financial Officer). ® FSM76A099999-10000111693 2 Bcvined 09/nl/93 EXHIBIT "A" SCOPE OF SERVICES The Contractor shall provide materials testing, services, and reports for construction of improvements related to the East Palm Canyon/Gene Autry Trail Widening, City Project 92-36,within 24 hours advance notification by the City, as follows: Task 1 — Sampling Obtain material samples as directed by the City required to perform material quality tests on existing subgrade material, imported base material, imported asphalt concrete pavement material, and imported Portland cement concrete material necessary to determine compliance with material quality specifications. Task 2 — Storm Drain Perform relative compaction tests of storm drain trench backfill at varying depths and locations, as directed by the City, necessary to determine compliance with backfill compaction specifications. Task 3 - Streets Perform relative compaction tests of the compaction of existing subgrade material beneath curbs and street sections, compaction of imported base material within street sections, and compaction of imported asphalt concrete pavement, as directed by the City, necessary to determine compliance with material compaction specifications. Task 4— Laboratory Tests Perform the following laboratory tests: Comp. Curve Calif. 216F, R-Value, Base Gradations, - Concrete Compressions, Asphalt Concrete Gradations/Extractions, and Asphalt Concrete Maximum/Vheem. Task 5 — Final Report The Contractor shall provide a final report of materials testing upon completion of the project. FSIC1I61099999d0M'O-69 ' n,0S/"/91 EXHIBIT "A" Rcvned 0901/9ft SCOPE OF SERVICES EXHIBIT "B" SCHEDULE OF COMPENSATION Based on the attached Exhibit"A", Scope of Services, the fees required to provide materials testing, services, and reports forconstruction of improvements related to the East Palm Canyon/Gene Autry Trail Widening, City Project 92-36, shall be paid as unit rate fees to the Contractor as follows: Task 1 — Sampling Materials sampling (existing subgrade material, imported base material, imported asphalt concrete pavement material, and Portland cement concrete material): Estimated Quantity: 34 hours @ $61.00 per hour.. ....................................................................................... $2,074.00 17 trips @ $20 per trip.............. ............... ....................................................................... $340.00 TotalFee........................................ . ......... .................................................................... $710.00 Task 2 — Storm Drain Testing of compaction of storm drain trench backfill: Estimated Quantity: 10 hours @ $61.00 per hour............ ................................................................................ $610.00 5 trips @ $20 per trip............................................................ ..................... ..................... $100.00 TotalFee..............................................................................................:.......................... $710.00 Task 3 — Streets Testing of compaction of existing subgrade material beneath curbs and street sections, compaction of imported base material within street sections, and compaction of imported asphalt concrete pavement: Estimated Quantity: 50 hours @ $61.00 per hour.......................................... ................... ........................... $3,050.00 25 trips @ $20 per trip........... . ............... .......................................... ............... ............ $500.00 TotalFee...................................................................... ............................................... $3,550.00 Task 4— Laboratory Tests Performance of the following laboratory tests: Estimated Quantity: Comp. Curve Calif. 216F: 3 @ $175.00 per test .............................................................. $525.00 R-Values: 2 @ $220 per test................................................. ......................................... $440.00 Base Gradations: 5 @ $110.00 per test........... ............................................................... $550.00 Concrete Compressions: 60 @ $20.00 per test ............................................................ $1,200.00 A.C. Gradations/Extractions: 5 @ $245.00 per test....................................................... $1,225.00 A.C. Maximum/Vheem: 4 @ $265,00 per test................................. ............................. $1,060.00 TotalFee................... .................. . .......................... .................................................. $5,000.00 Task 5 — Final Report Provide a final report of materials testing upon completion of the project: TotalFee..................... ................................................................................................... $500.00 Total Contract Fee (Not to Exceed)....................................... ................................... $12,174.00 Payment shall be made after completion of the task, or portion thereof, and within 30 days after the City's receipt and approval of an invoice therefore. FS'_A'761099999a1nu V'n'_'_9932 ...09/w9s EXHIBIT "B" RoVl�cd 09/01/9N SCHEDULE OF COMPENSATION CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r;-e>cr:-r.,_c;erere^.rcrtirercr;=r�or: r.�rcoc-.rlrc�er„r nercrlrer.�r.;;r��„r.�;c�rlrrr., oTr,r;=r��=r(,_r. r. ,.'vi State of California ss. County of 1�—)a!, k to pb obt-) ?I fi On dr o7Lo C0 before me, bO.mP M « n t\AQ,l palms e Name and Title of Officer(e g "Jeno Doe,Plot Public") p 1 personally appeared 0-(Q), CpooCe �I Ire Names)of Sgner(a) �I fi .impersonally known to me ❑ proved to me on the basis of satisfactory a evidenceI I fi to be the pffwn(s) whose name(s) is/are FLAINE MARIE RODRIGUQ Commission M 12424T7 subscribed to the within instrument and 3 h Notary Public-Caiitamia acknowledged to me that he/she/they executed �I San Lull Obispo County the same in his/her/their authorized Wcom -BlPlifesNov19,2M 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. WI NESS my and and fficial seal. qPlace Notary Seal Above Slgnalure of Notary Public �I I<( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document l and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document IC Title or Type of Document: J i I Document Date: Number of Pages: I Signer(s) Other Than Named Above: fiCapacity(ies) Claimed by Signer Signer's Name: I ❑ Individual �I Top of thumb here �I ❑ Corporate Officer—Title(s): .I ❑ Partner El ❑ General Ifi ❑ Attorney in Fact '1 ❑ Trustee ❑ Guardian or Conservator ❑ Other: fiIl Signer Is Representing: 91997 National Notary Assoaauon•9350 De Salo Ave.,PO Box 2402•Chatsworth,CA 91313-2402 Fred No 5907 Reorder Call Tall-Free 1-800-B76-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r,rr�rc-:rr-rer,�rcry-rcrcr.-t•,crcacrcr.Ern.�,�c'.crm.-rcrcr.,<-�,c-F.cr.�r��•y-r,�r�.-ram.cry-..,crTrrrcrcctircr-no-- ) State of California ss. ; County of Riverside �I Sept. 28 2�vDt3 Carole Graves, Notary Public . On P before me, Date Name end TIdB of OOloer(B g "Jane noe,Notary Public") personally appeared Shelton L. Stringer V.P. Names)of Slgner(s) I% personally known to me j ❑ proved to me on the basis of satisfactory evidence fto be the ep rsono whose name is ate' subscribed to the with'n instrument and GRAVE acknowledged to me th t h /tXexecuted CAROLE the same in his thkiT thorized Conmillub� "oWft�#i I capacity(io, and that by his �1tl*� NVOI cmffy signatureXon the instrument the person , or IYComm Expl AnZ2W4 the entity upon behalf of which the ep rson I acted, executed the instrument. I� I �W NESS my hand and official seal. � �14� Place Notary Seal Above Igna ure u�•Notary Public I� I OPTIONAL r 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. I Description of Attached Document r Title or Type of Document: 'I Document Date: Number of Pages: I I. Signer(s) Other Than Named Above: I r Capacity(ies) Claimed by Signer i Signer's Name ) ❑ Individual Top of thumb here It, ❑ CorporateOfflcer—Tltle(s) I ❑ Partner—❑ Limped ❑ General ❑ Attorney in Fact ❑ Trustee t�l ❑ Guardian or Conservator ❑ Other: 11 Signer Is Representing: I •ecec-i �-��-c�-c _�v�-Z=c,�c:=c:^� �;c._ _-c._-�cu. 'ccww' x_.c.wu=,u�uwu � ©1999 Nalmna Nolary AssadatIrr-9350De Solo Avo,PO Box 2902•ChalsworlM1,CA 913132402•www nallonalnolaryorg Prod No 5907 Reorder Call Toll Fee I-BOO-876-6827 �" ;, '� .� . . - _. _ . ., , ,i•� Oct 09 00 03: 08p Earth Systems Consultants 760 345-7315 p. 2 Client8114 THSYSTI ACORn., CERTIFICATE OF LIABILITY INSURANCE o3i(Z�iaob PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. 80X 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604-2675 510 465-3090 Edi Barrow INSURERS AFFORDING COVERAGE INSURED INSUREHA:Hartford Fire Insurance Company___ Earth Systems Southwest INSURERa:Hartford Casualty Insurance Co. 79-811B Country Club Drive INSURERGState Compensation Insurance Fund Bermuda Dunes, CA 92201 NSURER D: INSURCR E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ON OTHER DOCUMENT" WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOHDED by RHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SI-IOWH MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR1 POLICYEFFECTIVE POLICY EXPIRATION L R TYPE OF INSURANCE POLICY NUMBER GATE MMIDOIYYI DATE MMIDD)Y LIMITS A GENERAL UABILITY 57CESOA1302 04/01/00 04/01/01 EACH OCCURRENCE _aT1 , 000 , 000 COMMERCIAL GENERAL LIABILITY FIREDAMAGE(Arynnelllelsl 000 000 CLAIMSMAOF.X OCCUR MED tXP(Any eneperaen) Is10 000 X [�710, 000 P. D. PERSONAL&ADV IrJJURY 161 ,000 , 000 Deductible GENERAL AGGREGATE s2 000 000 GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-OONI PIOP AGGI Q, 000, 000 PCLIr Y! ``, PRO- X I LOP JECT B I AUTOMOBILE LIABILITY 57UUNIF9613 04/01/00 04/01/01 COMBINED SINGLE LIMIT Sl 1300, 000 Yi ANY AUTO (C-IzceaUenp , ALL OWNED AUTOS BODILY INJURV SCHFOULED AUTOS (Per pCr50nl 3 X HIRED AUTOS BOUILv INJURY S x NON-OWNED AUTOS (Pericatlenl) II— _ PROPERTY DAMAGE (Peraccldenq GARAGE LIABILITY AUTO ONLY-EA ACCIDENT L ANY AUTO EA ACC i AUTO ONLY ASS S EXCESS LIABILITY EAOH OCCURRENCE _ 5 ID � OCCUR J CLAMISMADE AGGRCGATE — F OEDUCTISLE F R[TCNTIaN :P E C WORKERS COMPENSATION AND GP541TJT65-99 04/01/00 05/01/00 XI�NGSTATU^,Il]BY11. EMPLOYCRS'LIABILITY GP541UT65-00 05/01/00 05/01/01 E.L.EACH ACCI0ENT $1 , 000 , 000 E L.DISEASEvEAEMPLOYE ,1 000 , 000_ E.L.DISEASE-POLICY' IMI $1 000 000 OTHER II i DESCRIPTION OF OPERATIONS,LOOATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All Operations. The City of Palm Springs, its officers, employees & agents are additional insureds to general & auto liability. Waiver of Subrogation appliesto general, auto & workers ' compensation.Insurance is primary. CERTIFICATE HOLDER ADDRIONALINSUREMINSURERLETMA, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES SE CANCELLED BEFORE THE E)PRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL]0DFaVWWPWAI L,OyO_OAYSWRITTEN Attn: Margot Desrosiers NOTICETOTHE CERTIFICATE HOLDER NAMEDTO THE LEFT.�0)j)C ;AEXXkDLi947 %yX P.O. Box 2743 xauaa u amxcmamtsxie�xr�ac�n�o �a n x ox Palm Springs, CA 92263 xarsat�sTar�s. AUT 2ORIZEO REPRESEN iIVE ACORD 25-S (7197)1 of 1 JkM6971 ECB O ACORD CORPORATION 1sIm STATE RID:BOX'420807, SAN FRANCISCO, CA 94142.0807 COMPENSATION `"^I IINSUIRANI FUN D CERTIFICATE OF WORKERS',COMPENSATION INSURANCE MAY 6, 2002 POLICY NUMBER541-01 UNIT 0000065 CERTIFICATE EXPIRES: 5-1-03 ' CITY OF PALM SPRINGS ATTN: BARBARA WHITE 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 JOB: PHASE I ENVIRONMENTAL SITE ASSESSMENT.SA-6837—P' L 1 This is to certify that we have Issued a valid Workers' Compensation insurance policy in a form approved by the California - Insurance 6ommissioner-to the employer-named-beloNriorthe pol+3�y�period Indicated. '-- - - - - This policy Is not subject to cancellation by the Fund except upon INXdays'advance written notice to the employer. 30 We will also give you �Wfdays'advance notice should this policy be cancelled prior to its normal•expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to:,which this certificate of insurance may issued or may pertain, the insurance afforded by-the policies. _ - described herein is subject to all the terms, exclusions and conditions of such policies. - AUTI IZED'REPRESEENTTATIVIE i PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED-CERTIFICATE HOLDERS-NOTICE EFFECTIVE 05/01/02 IS ATTACHED TO AND FORMSA PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 05/06/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF PALM SPRINGS EMPLOYER EARTH'SYSTEMS, JNC. DBA: EARTH SYSTEMS SOUTHWEST 1880 SANTA BARBARA ST. STE D SAN LUIS OBISPO CA 93401 L_ LlrclnfF[ 114 cart l nO l J l I ACORD,. CERTIFIC 02 OF LIABILITY INSUONCE DATE(M)2 Y) 03/28/ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604.2675 ,^,'�,'-•„ 510465.3090 Ed! Barrow INSURERS AFFORDING COVERAGE INSURED INSURER A; Hartford Fire Insurance Company Earth Systems Southwest INSURER B. State Compensation Ins. Fund of CA Attn: Carole Graves INSURER jj' -� -"Cdi✓_q� 79-811B Country Club Drive INSURER D .; Bermuda Dunes,CA 92201 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY-EFFECTIVE POLICYEXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY1 DATE MM DD Y LIMITS A GENERAL LIABILITY 57CESOA2013 04/01/02 04/01/03 EACH OCCURRENCE $1009000 4X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Flre) $1000000 CLAIMS MADErXI OCCUR MED EX.P(Any ene persen) $10.000 X PDDed:10,000 PERSONAL&AOVINJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPL)ES PER. PRODUCTS -COMP/OP AGO $2000000 POLICY X PRO- JECT X LOG A AUTOMOBILE LIABILITY 57UUNIF9613 04/01/02 04/01/03 COMBINED SINGLE LIMIT X ANY AUTO (E.ac Idenp $1,000,000 ALL O WNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOB BODILY INJURY $ X NON-OWNEDAUTOS (Peraccldent) PROPERTY DAMAGE $ (Peraccldent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ -- 'B"--WORKERS COMPENSATION AND ---CP_5411JT6502 _ _ 05/01/02 �5101103 X WC STATU- GE EMPLOYERS'LIABILITY GP541UT6501 05/01/01 05/01/02 E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPL OYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIDNS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE:The City of Palm Springs,Tom Adomo,Joe Pagano and The Saloon are additional insureds as respects general &auto liability. CERTIFICATE HOLDER ADD ITIONAL INSURED'INSURERLETTER: CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRADON City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILLICtIyt4nypJtXTp MAIL3D—DAYSWRITTEN 2743 Palm Springs NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT,BkrA*xtRXx7tPjMXAxXXXX Palm Springs, CA 92263 W10P�aRX+Rx19�CiffHDQNlNfc47Y[Et7(NX7eRxMXItlfIRxK'1PNX]tlRYOtMtlERxfEYAadtXx7PRX =R3MX3P)DV xX AUTHORIZED REPRESENTATIVE ACORD 25-S 0'�� 1 . 8avieytu- 7/97 )1 of 1 #M72770 ECB © ACORD CORPORATION 1988