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HomeMy WebLinkAbout04230 - ALBERT GROVER TRAFFIC ENGINEERING MO 6627 Page: 2 Report: Expired Contracts: Oldest Date= I I and XREF = ENGINEERING -Summary October 22, 2003 Contract Number Description Approval Date Expiration Date Closed Date A4089 Master Architectural Svcs 04/07/1999 04/01/2003 x r Contractor :Interactive Design Corp. Insurance Status:A policy has Expired. XREF: ENGINEERING Service: In File A4109 Palm Canyon Dr., Pavement Evaluation 06/14/1999 12/01/1999 / Contractor :Earth Systems Consultants Insurance Status: Certificate and Policies are OK G '� XREF: ENGINEERING Service: In File A4126 MVP Underground Construction 07/28/1999 08/01/2000 Contractor:ARB Inc. Insurance Status: Certificate and Policies are OK XREF: ENGINEERING C/l Service: In File A4167 Indian Cyn Drive Traffic Signal Design, CP95-06 11/17/1999 11/01/2000 Contractor :DKS Associates Insurance Status: Certificate and Policies are OK C/ L XREF: ENGINEERING Service: In File r/ A4194 Landscape Architect Mesquite Median 02/02/2000 01/01/2001 Contractor:RGA Landscaping Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A4230 Tahquitz Cyn Signal Synchronization, CP00-05, MO6627 06/07/2000 06/01/2001 Contractor :Albert Grover&Associates Insurance Status: Certificate and Policies are OK ! d Z XREF: ENGINEERING C� Service: In File A4245 Const. Staking EPC/Gene Autry CP92-36 07/19/2000 07/01/2002 r Contractor :Engineering Resources Insurance Status: Certificate and Policies are OK I a ye XREF: ENGINEERING C LL Service: In File � 1� —a-3 � 3 �.J—/GtE.,�e_ ���J Vie, L�l�r�, r�,G� f2��c.. ��� ✓�c�c���r�--k_..� , Albert Grover & Associates FIRST AMENDMENT TO CONTRACT SERVICES AGREtI Traffic Engineering AGREI�N'P #4230 AMCNA #1 WITH ALBERT GROVER &ASSOCIATES F( 1406778, 1-17-01 SUNRISE WAY INTERCONNECT CITY PROJECT NO. 2000-05 The following articles of Agreement No. 4230 are hereby amended to read as follows: EXHIBIT A is amended to add Task 10- The Contractor shall prepare a brief analysis of interconnect types verifying that spread spectrum is applicable for the interconnecting of traffic signals on Sunrise Way between East Palm Canyon Drive and Vista Chino. Contractor shall prepare final plans, specifications and estimates for the Sunrise Way interconnect. EXHIBIT C is amended to add Task 10 for a lump sum of$7,500.00. Total phase cost in Exhibit C is amended to $73,500.00. EXHIBIT D is amended to provide for plans, specifications and estimate to be submitted to the City within 3 weeks of receipt of the agreement amendment. SECTION 2.1 Maximum contract amount is amended to $73,500.00. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 4230 remain in full force and effect. 7)' CITY OF PALM SPRINGS, �1n// a municipal corporation L�3 e�� �Clerlc •_ By 1� City Manager APPROV TO FORM: Ci ttorney APPROVED BY 7HE 07Y MUNCAL • i (Corporations require two signatures: One from each of the Following: A. Chairman of Board,President,any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). (Check one: _Individual_Partnership YEorporation) CONTRACTOR: ALB ROL ASSOCIATES A. By: Notar' ed S' .L rree Print Name &�Tit�le p B. By: -Notarized Signature 1444I1 deli Secww Print Name &Title Mailing Address: 211 E. Imperial Hwy, Suite 208 Fullerton, CA 92835 CALIFORmA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of County of q�1 1 p On - d S before me, C3 G� i V� ° L j `t'a W- G Date Name,dde-e g.,John Doe,Notary Public personally appeared NN CA f dC- C)eA 4 � Name(s)of Signers(s) FZkYersonally 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 acknowled.-ed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/ her/their sipature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. -, Witness my hand and official seal. h7 Comm.i;114-' P) Wtit� lti —C�Vi hOTAfiY PL1CL C-CF.l ORANGi=COL"VTY (J Signanue of Nowt' Oomn Exp July 20 PPool _ p, ( (- r !--7`01 101 p WGIAQ(1 1`r.� N�JI ��1"tl Ptt Lbh Print Notary's Name,County in wrath CTonunis.toned and Commisst n Etpirmoo Date Seal OPTIONAL The data below is not required by law, however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION OF ATTACHED DOCUMENT ❑INDNmI7A1. ❑ CORPORATE OFFICER(S) ❑PARTNER Tides) TITLE op,TYPE OF DOCUMENT Q LIMITED ❑ GENERAL NUMBER OF PAGES ATTORNEY-IN-PACT ❑TRUSTEE(S) ❑ GUARDL4N/CONSERVATOR DATE OF DOCUMENT CI OTHER: SIGNERS) OTHER THAN NAMED ABOVE: NAmE(s)OF PERSON(s)OR Ewn(ms)Siam is REPREsENTm: ® 1997 Reproduction prohibited.Reorder From Amencan Society of Notaries,S00-522-3392. M E M O R A N D U M DATE: January 29, 2001 TO: Engineering-Margo. FROM; Office of the City Clerk RE: Amendment#1, 4230 CC; File Attached please find two copies of Amendment#1 for contract services with Albert Grover &Associates, for Sunrise Way Interconnect, CPOO-05, approved by the City Council on January 17, 2001 by Minute Order 6778. Please forward one copy to the contractor. I hha)v,{e. retained one copy for our files and forwarded a copy to Finance. Barb cc: Finance IAlbertGrover&Associates 0raffic Engineering AGREEMENT l4230 M06627, 6-7-00 CITY OF PALM SPRINGS ----- Engineering Division CONTRACT SERVICES AGREEMENT FOR PROFESSIONAL TRAFFIC,ENGINEERING SERVICES FOR THE TAHQUITZ CANYON WAY SIGNAL SYNCHRONIZATION CITY PROMCT NO. 2000-05 THIS CONTRACT SERVICES AGREEMENT (herein 'Agreement"), is made and entered into this day o _ i �� _, 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation, (her "City") and Albert Grover & ASSociates, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work' hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work 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 Pro�asal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance, with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses,_Permits, Fees,and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and hares, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) bas carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. Fa1/,Z•/( )¢9ppp/y1QO6B4.2 R/19i96 aevyy;WM1M I 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment,materials,papers,documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Bath parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Surviees. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 SMial Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement,the provisions of Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount $66,000.00 (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include; (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if spewed in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (lst) 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 F=76r099993xIW216 326/1W96 COMM 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. 3.0 PERFORMANCE SCHEDM E 3A 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, mid incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay 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 die 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 fallowing principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Mark Miller, Vice-President Project Manager/Project Engineer It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. F6 76N9999i3W02tEU6r4-2&141% yew:wm:roe 3 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer- The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. Iu requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor- Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2, 4.4 Inda ndent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNMCATTON AND BONDS 5A Insurance. Thu 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 F=76ro993 -WaIW64.2 comae IloviKd:09MIM 4 either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and property damage limits of $500,000 per occurrence. If the Contract Sum is greater than S100,000, the policy of insurance shall be in an amount not less than$5,000,000 combined single limit. (b) Worker's Compensation Tnsuranee. 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, 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 Tnsuranee. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$500,000 per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned,non-owned,leased and hired cars. (d) Additional Tnsuranee. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: 'CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30{day written notice to the Certificate holder named herein." The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5-2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims 17=76�30WMfi 8426/14/M 5 or liabilities") that may be asserted or claimed by any person, fu-m or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire 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, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increaser) 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, FSYd76/0'A99�30WMw 4.2&14W WMIM • • 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. 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 mhuntained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required_ 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in, the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7A 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 accordanec with the laws of the State of California. Legal, actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.5. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be FM7EN9999930BWZI UM 4.2&I4/M Rcri�ed:WHIM 7 in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (11) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lieu, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify,and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Ri his 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 )dal_Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of One Hundred Dollars ($100.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performer)by the Contractor any accrued liquidated damages. 7.9 Termination Prior to Expiration 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, FS/f2]5,p}'/py3pppMI6 4.2&14M 8 0 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stater- 7.10 Attorney. If either party to this Agreement is required to initiate or defend or made a party to any action or procoeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are inclined in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIM-NATTON 8.1 Nan-liability of City Officers and Employees. No Officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach Of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of Hie City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its beirs, 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 treated during employment without regard to their race, color, creed, religion, sex,marital status,national origin, or ancestry. 9.0 .MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Eicher party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. FSyy76Nggggy9ppp2160LH9.z y/la/g3 Rcv�xY:09r91/9Y 9 9.2 TnteMretation. 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 Tnte ration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in.writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreter) to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and enterer) into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk City I pager APPROVED AS TO FORM: VV. Cit} ttaray APPROVED 6Y T HE G-1yCOUNCL By N0. r=6ffi99q}Mpp MfiXs42.6114M mmt,ge 10 Corporations require two signatures: One from each of the following: A. Chairman of Board, President, any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). (Ct5f.k one: Individual_Partnership Corporation) CONTRACTOR: ALBERT GROW&ASSOCIATES By: A. d Signature 1 drx p"rr Print Name& itle By B- a Notarized Sigmwre Print Name&Title Mailing Address:211 E.Imperial Ilwy. State 208 Fullerton,CA 92835 (END OF SIGNATURES) e FSYl]6N4N9?300021 EOEB4.2 Gl l dfiG f(cvixd-n9A1/98 IL EXHIBIT "A" SCOPE OF SERVICES SYSTEM DESIGN Task ]:-Kick Off_Meetine The Contractor shall conduct a pre-design conference meeting with the City to discuss project objectives, project schedule, additional traffic signal timing criteria, budget factors, and various other project parameters and constraints. The Contractor shall conduct an Interconnect Feasibility Study and submit to the City for review and approval within three weeks of the Project Kick-Off Meeting. Task 2: Data Collection The Contractor shall collect record information and inventory existing improvements on Tahquitz Canyon Way, including data necessary for both the design (signal equipment, interconnect, etc.) and timing plan development (signal splits, phasing, cycle length, etc.) portions of the project. Specifically, Contractor shall: • Obtain 24 hour traffic volumes and intersection turning movement counts and up-to-date speed data from the City, if available. • Collect field data in sufficient quantity to identify existing deficiencies, existing system capabilities and operations. Data collected will include existing traffic signal timing and phasing for each project intersection; intersection geometrics and right-of-way, including number, width and usage of each lane, and length of left/right turning lanes; and distance between signalized intersections. • Field measure existing link speeds and saturation flow rates. • Collect additional turning movement counts at project intersections to supplement available counts, and collect other data to adequately establish traffic flow patterns for the conducting of signal warrants analyses and for the preparation of traffic signal timing plans. • Obtain existing base plans, utility plans and as-built traffic signal and interconnect plans to aid in the design of the new signals, the signals to be modified, and the interconnect system. The Contractor will obtain additional utility information, as required, from the appropriate utility companies. A comprehensive review of the City's existing facilities will include an analysis to Fsu')6mrJTyyaoopRl M6tl<.2 dIM93 Ilcv�red:09ANE EXHIBIT "A" TO CONTRACT SERVICE'S AGREEMENT 12 • i assess reusable and required new equipment_ The inventory will include existing signal equipment, hardware and software, and support hardware. Task 3: Signal Warrant Analyses The Contractor shall conduct signal warrant analyses for the intersections of Tahquitz Canyon Way with Hermosa Drive and with El Cielo Road. Task 4.: Prepare Preliminary Si al and 'Interconnect PS&E The Contractor shall prepare plans, specifications, estimates (PS&E) and contract documents for the installation of new traffic signals (as warranted); including video detection, the modifications of existing signals to upgrade to current standards and add left-turn phases; the construction of the signal interconnect systems; new cabinets and controllers, including the master controller, computer hardware and software; the connection to the City Hall central computer system . Preliminary plans shall be drawn on standard 24"X36" City title block sheets. Project specifications shall be written, based on Caltrans Standard Specifications, in Microsoft Word, Version 97. Estimates shall be prepared for each individual item of work. In addition to the required plans, a title sheet will also be prepared. All design shall conform to the latest guidelines of the Federal Manual on Uniform Traffic Control Devices, the Traffic Manual of the State of California Department of Transportation, NEMA, and other accepted industry standards and specifications. Preliminary plans shall be prepared and submitted to the City for review and comment. Each plan sheet shall be prepared utilizing AutoCAD Release 14. All City requirements for plans, specifications and estimates as detailed in the RFP shall be met. Task 5: Preliminary City Review The Contractor shall meet with the City to discuss preliminary comments before changes are made for the next submittal to the City. Task 6: Prepare Final Plans Specifications and Estimates The Contractor shall prepare final plans and submit to the City for final review and comment, and make appropriate revisions. The Contractor will prepare Bid and Contract documents, including finalized specifications and cost estimates. The Contractor shall provide all cost estimate back-up material, pertinent design correspondence, and any other back-up material to the City. RSLYl4/V?yyT}3 alE0E842&JV96 a !o9rolm FXHIEIT "A" TO CONTRACT SERVICES AGREEMENT 13 Task 7; Develop Preminary Traffic Signal Timing Plans and Time-Space Diagrams The Contractor shall use the PASSER and CAPSSI programs to calculate all the signal timing information including cycle lengths, splits, phase sequences and offsets for signalized intersections along the project route to maximize arterial progression and to reduce delay. The different traffic flow conditions will be analyzed and timing plans will be developed accordingly. The optimization will include the analysis of progression based on optimum phase sequences selected by the PASSER program to provide the best arterial progression. The results of the progression analysis shall be shown on time-space diagrams. The TRANSXT7F program shall be used to evaluate queue lengths, stops and delays. The Contractor shall prepare a.m., mid-day and p.m. peak hour, off-peak and weekend timing plans. These plans shall be stored in a database format in MONITOR. Time-of-day plans will be developed based on field observations, 24 hour traffic counts and input from City staff. The Contractor shall submit signal timing plans and time-space diagrams to the City for review. The Contractor shall develop individual controller timing sheets and submit to the City for review. The Contractor will meet with the City to discuss their comments, and make changes prior to the next submittal to the City. Task $: Finalize Timing Plans/Time Space Diagrams Based on City comments, finalized timing plans, time-space diagrams and controller timing sheets shall be prepared by the Contractor and submitted to the City for final review and approval. Task 9: Prepare Traffic Sigrtal Interconnect Report The Contractor shall prepare a Traffic Signal Interconnect Report comprised of a summary of all project findings determined during the System Design Phase and necessary for the System Implementation Phase and the System Support Phase. The report shall include the timing plans as developed during Tasks 7-8. The timing plans will be fine-tuned during the Implementation phase, and revised final timing plans will be included in a Final Traffic Signal Interconnect Report. F.5,7/$9lRyyyy};i000/yl(4WBd 2 6/14/96 Rcr:wL•09A1/91t EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 14 i • EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.1, Insurance, first paragraph after 5.1(d), add: "except for Professional Errors and Omissions Insurance" to the end of the first sentence. Section 5.1, Insurance, replace (d), Additional Insurance, with the following: (d) Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than Five Hundred Thousand Dollars ($500,000.00) per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Section 5.3, Performance Bond, is waived. EXHIBIT "B" �s2rs�wvasrn3moa�cocen.z c��^rec TO CONTRACT SERVICES AGREEMENT 15 EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Task bump Sum 1. KickOff Meeting, Interconnect Feasibility Study $ 5,600 2. Data Collection $ 3,900 3. Signal Warrant Analyses $ 2,000 4. Preliminary Signal and Interconnect PS&E a. Interconnect Design $ 3,500 b. Palm Canyon Dr. Design $ 2,000 C. Indian Canyon Dr. Design $ 2,000 d. Calle Encilia Design $ 2,000 e. Calle El Segundo Design $ 1,000 f. Avenida Caballeros Design $ 2,000 g. Hermosa Dr. Design(if warranted) $ 2,500 It. Sunset Way Design $ 2,000 L El Cielo Rd. Design (if warranted) $ 2.500 Total: $19,500 5. City Review N.A. 6. Prepare Final PS&E $ 5,000 7. Develop Preliminary Traffic Signal Timing Plans/Time-Space Diagrams $25,000 d. Finalize Timing Plans/Time-Space Diagrams $ 2,000 9. Prepare Traffic Signal Interconnect Report $ 3.000 TOTAL PHASE COST, $66,000 Lump sum payments shall be made to contractor upon completion of the individual tasks noted above. EXIIIBIT "C" TO CONTRACT SERVICES AGREEMENT EXHIBIT "D" SCHEDULE OF PERFORMANCE Tasks 1 -4 shall be completed within 4 months of the receipt of a Notice to Proceed from City. Tasks 5 -9 shall be completed within 2 months of receipt of City comments on the Task 4 submittal. EXI•IISIT "D" r5Y2'l6N999993000MC 4,261141 5 TO CONTRACT SERVICES AGREEMENT FevuN:09MM 18 M E M O R A N D U M DATE: June 29, 2000 TO: David Barakian, Engineering FROM: Office of the City Clerk RE: Albert Grover& Associates, Traffic Engineering Services, A4230 CC: Pile Attached please find two copies of the above-mentioned agreement between Albert Grover& Associates and the City of Palm Springs, for Traffic Engineering Services, A4230, approved by the City Council on June 7, 2000, Minute Order 6627. Please forward one copy to the contractor and keep one for your records. We have forwarded a copy to Finance, and retained our copy. Trisha City Clerk ao-� I I I I; E,I •;''I ;; ; ; DATE z(Mo M/zDDaIMAt Cf A V RD r = l N ; A , , ?: : , :y < r ?; oo II RIGHTS PRODUCER (949)263-0606 FAX (949)263-0906 ONLY AND CONFERS NO R HTS UPON THE CERTIFICATE ompleic Insurance, Inc. �I v� HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1500 quail St. , Suite 410 �.1 `JD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Newport Beach, CA 92660 vvv 111 COMPANIES AFFORDING COVERAGE COMPANY Golden Eag Attn; Ginny Hattan Ext7- -_;10 A 1E �ifff���gq INSURED (Oi�4 f�1" � q/ COMPANY C.N.A. Ins eAlbert Grover & Associates211 E lmperial Hwy #208 - 7 COMPANY �All Sl 7Fullerton, CA 9262S , ;rQD z C COMPANY r n D CITY OF PALM SPRINGS ik rt, ,II;,;;;;;. 77. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BrtLOW WAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EPFECTIvQ POLICY EXPIRATION LIMITS LTR DATE(MM/DDA Y) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2 D00 D00 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ACC 5 11 000,COO CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 A OWNER'S&CONTRACTOR'S PROT CCP63507900 07/01/1999 07/01/2000 EACH OCCURRENCE $ 1,000,000 X Emply. Benefits FIRE DAMAGE(Any one lire) S 100,000 L�a6.81�000�000 MED EXF(Any one parson) $ S.000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Par Parson) 5 A CCP63507900 07/01/1999 07/01/2000 . . . . .� . . X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Por acddenq PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY•EAACCIOENT S ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A UMBRELLA FORM EXC62S079 07/01/1999 07/01/2000 AGGREGATE $ 1.000,000 X OTHER THAN UMBRELLA FORM a WORKERS COMPENSATION AND TOO LIMITS ER ,l EMPLOYERS LIABILITY EL EACH ACCIDENT S � A NWC47731702 07/01/1999 07/01/2000 000,000 THE PROPRIETOR! INCL EL DISEASE-POLICY LIMIT S 1,000,000 PARTNERS/EXECUTIVE OFFICERSARE X EXCL EL DISEASE-EA EMPLOYEE a 1,000,000 OTHER Professional Liability S2,000,000 Pr Claim B PRE113793064 07/01/1999 07/01/2000 52,000,000 Aggregate Ded per Claim 525,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEM5 110 DAYS NOTICE OF CANCEL FOR NON-PAYMENT- Certi F•icate holder is named as addl insd re: general liab ut only if required by wri LLen contract w/named insured prior to an occurrence. Waiver of Subrogation For GL/WC in favor of addl insd and coverage is primary. Cov is subject to all policy terms/conditions. OERTIFIC'A,E'HOLDER SHOULD ANY OF THE ABOVE 095CRPBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Palm Springs, iL5 officers, employees 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTOTHE LEFT, and agents Attn: Marcus Fuller, Assoc Civil Eng. BUT FAILURETD MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3200 Tahquite Canyon Way OFANYKIND UPONTHECOMPANY,ITS AGENTS OR REPRESENTATIVES, Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE _/✓✓ q� a' Mi Chael Grant/CINNY 'AO.GIL3D^�5e5''(11951.•,.,,;'r,,:,.•;; , 'i'7 ','r'i-�. .;€�I�;�• .;;,, y y y'„;j ', ', ',y,,';.;, ;,:�,;,,,, • ,,,'p; y�;';�I.;:�,',,.I d;,,,;,y. ,y' i, � I .' %;?'I:� ;',:�4'41FiL1'yCf;7RPI7HATiF.1!'I 199,9 � > ! � rl Q G . AGORA, CERTIRC OF LIABILITY INSU NCE o5%ili2onX MODUCER (949)263-0606 FAX )263-0906 THIS CERTIFICATE IS .,UED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR California DOT #0417752 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1500 Quail St. , Suite 410 Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE INSURED Albert Grover & Associates INSURER American Motorists Ins. Co. 211 E Imperial Hwy #208 INSURERS (c/o Kemper KSA) Fullerton, CA 92835 INSURER INSURER D 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 PAIL)CLAIMS. IN SR TYRE OF INSURANCE p011cy NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MMIDDIYV bATF MM Y LIMITS GENERAL UABILITY 7RS66399401 07/01/2001 07/01/2002 EACH OCCURRENCE 5 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Ilre) 5 500,000 CLAIMS MADE M OCCUR MED EXP(Any one peracn) $ 10.000 A PER50NAL&AOV INJURY 5 1,000,000 GENERAL AGCRECA I E 5 2,000,000 GEN L AGGRFGATF LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2,000,000 POLICY JFCT LOC AUTOMOBILE LIABILITY 7RS66399401 07/01/2001 07/01/2002 COMBINED SINGLE LIMIT S ANY AUTO (Ea acndnnt) 1,000,000 ALL OWNED AUTOS A SCHEOUI.ED AUTOS R IP ODeraon) 5 X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS J.... O - I� I, (Pnr Accident) 5 J�\VI PROPERTY DAMAGE (Per accident) GARAGE LIABILITY CTYOFPAIM P)11�f AUTO ONLY•EA ACCIDENT S S - ' ` ANY AUTO ENCii�L'. ,.I - -_ EA ACC 5 OTI-IBR TI IAN AUTO ONLY AGO 5 EXCESS LIABILITY 7RS66399401 07/01/2001 07/01/7.002 EACH OCCURRENCE $ 2,000,000 X OCCUR ❑CLAIMS MADE AGGREGATE S 2,000,000 A 5 DEDUCTIBLE RETENTION S S WORKERS COMPENSATION AND 78COSS50201 07/01/2001 07/01/2002 X TaRr LMITs °jz EMPLOYERS LIABILITY A E L EACH ACCIDENT S 1 j 00O,DOD E L DISEASE•EA EMPLOYEE 5 1,000,000 _ E L DISEASE-POLICY LIMIT S 1,000,000 OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPTIQN OF OPERATIONS/LOCATIDNSIVPHICI.E5/EXCLUSIONS ADDED BY ENDORSEMS;NTISPECIAL PROVISIO(S Certificate holder is additional insured as respects general liaibliy but only if required by written ontract with the named insured prior to an occurence and as per coverage form BP7434. Waiver of Subrogation Endt. WC040306 included respects work comp only. coverage subject to all policy terms and conditions. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,TI IE ISSUING COMPANY WILL ENDEAVOR TO MAIL and agents nts City Palm Springs, its officers, employees 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Marcus Fuller, Assoc Civil Eng. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3200 Tahqui Ce Canyon Way OF ANY RIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE Alicia I ram, AAI`-'/MICHMA ACORD 25S(7197) 6=0RO CORPORATION 1988 DATE(MMB)0/YYYVI ACORA CERTIFICATE OF LIABILITY INSURANCE 10/10/2003 PRooDDER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California DOI #0437762 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 19000 MacArthur Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Penthouse Floor It Irvine, CA 92612-1441 IN9URERS AFFORDING CDvERAGE NAIL# INSURED INsuRER A: Fidelity and Guaranty Insurance- ompany Albert Grover & Associates INSURERS; St. Paul Fire & Marine Ins Co, ',= , 211 E, Imperial Hwy, Ste. 208 NsuRERc: (c/o St. Paul) uI J Fullerton, CA 92835 NSUPERO; I t_IJr.I4;. INSURER E: COVE ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I$$UEO 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. INS R 11 TYPE Of INSURANCE POLICY NUMBER FRILICY EXFI ON LIMITS GENERALUAEIUTY 13RO1510197 07/01/2003 07/01/2004 EACH OCCURRENCE 3 11000,000 x OOMMERCIALGENERALLIABILITY DAMAGE T RENTED--- S S00 000 CLAIMS MADE OCCUR MED EHP(Any one Pemen) S 10,00 A PERSONAL A ADV INJURY S 1,000,000 GENERALAGGREGATE $ 21000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO S 2,000.000 PQLIOYM PEC LOC AUTOMOBILE LUBILT1Y BK01510192 07/01/2003 07/01/20047 COMBINED SINGLE LIMIT ANYAUTO (eaamdol) S 1.000.000 ALL OWNED AUTOS BODILY INJURY SCHEOULEb AUTOS (Pa w0ft) s A X HIRED AUTOS x NON-OWNEDAUTOS BODILY Aft1dnei))RV s PROPERTY DAMAGE S (Peramdem) GARAGE LIABILRY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHERTHAN EA ACC S AUTO ONLY: AGO i EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S 2.000,00 x OCCUR EICWMSMADE AGGREGATE S 21000.00 A BKO1510192 07/01/2003 07/01/2004 S DEOUCTIBLE s RETENTION S S WORKERS COMPENSATION AND WVA$003695 07/01/2003 07/01/2004 x WaGrATu- EMPLOYERS LIABILITY B ANY PROPRIETOMPARTNEIVEXECUTIVE E.L.EACH ACCIDENT S 1 000,00 OFFICERIMEMBER EXCLUDED? 11L dvIC44 order 6L,DISEASE-EA EMPLOYEES 1,000 00 EPECIAL PROVISIONS bald- E.L,DISEASE-POLICY LIMR S 1 000,00 OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL P0.0ASIONA ertificate holder is additional insured as respects general liability but only if required by written ontract with the named insured prior to an occurence and as per endt. form CL/BF 21810101. Coverage ubject to all policy terms and conditions. E: Sunrise Way Coordination Timing CFRTIFIgA-TE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSU RER WILL WWXYM MAIL City of Palm Springs 30 DAYSWmTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Carrie (Traffic Engineering) >2OUdNWOdHfd6YiX�1100f1C104M)31{d[tAdfDfLYIQUN6%)fxxX 3200 Tahqui tz Canyon Way HJIIi#4Xd XUlikxmKitmYdmxXimlix OHtlH(91M7wfx/fxxxxxxxxx Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE Alicia I ram MICHMA ACORD 25(2001/08) OACORD CORPORATION 1980 F ,� Rup 'u AnPnl C117 (FbF' v^ATN4reMT vTOR TTATP, - .C7 ^T rnn� -- 1