Loading...
HomeMy WebLinkAboutA4192 - NRO ENGINEERING PLAN CHECK MO 6250 . • NRO Engineering Plan Checking AGREEMENT #4192 Amend 2 1406945, 10-17-01 SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 4192 FOR ENGINEERING PLAN CHECKING The following article of Agreement No. 4192 is hereby amended to read as follows: 3.0 PERFORMANCE SCHEDULE 3-4 Term. This amendment serves to extend the current agreement for an additional period of one year, or until October 17, 2002. Except as specifically amended by this Second Amendment, all terms and provisions of Agreement No- 4192, approved by the City Council on 10/7/98, Minute Order No- 6249, retnains_n full force and effect. DATED this d Day of G.` o 2001. ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk � L By. City Manager APPROVED AS TO 'FORM: Attorney (Corporations require two signatures: One fmm each of the Following: A. Chairman of Board,President,any Vice President: AND B.Secretary,Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). (Check one; Individual Partnership Corporation) CONTRACTOR: NRO ENGINEERING A. By: ~ ,�� _ate Notarized Signature Print Name &Title B_ By: Notarized Signature Print Name&Title Address: 41-555 Cook Street, Suite I-100 Palm Desert, CA 92211 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - k h, I State of California ti ss. fiCounty of riverside I On Sept. 13, 2001 , before me, Kay Menefee, Notary Public1 I� Dale Name and Title of Officer(o 9, Jane Doe Notary Public) 1I personally appeared — Noel Owslev N-mcri of S19ner(si I W personally known to me I ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are I subscribed to the within instrument and KAY MENEFEE acknowledged to me that he/she/they executed Commission#1262662 the same in his/her/their authorized z Noforypublic-Colifornio t capacity(ies), and that by his/her/their Riverside Ivry Canm. s�4 M- signature(s) on the instrument the person(s), or I the entity upon behalf of which the person(s) fiacted, executed the instrument. ? - � I WITN SS my hand and orficial seal. W Place Net.,Sml Adovn S9nelum of Notary Pul c fi OPTIONALI Though the information below is nol required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and maittachmenl of this form to another document. Description of Attached Document Title or Type of Document: .Second Amendment To Contxact Services #4192 Document Date: Sept. 13, 2001 Number of Pages: 2I Signers) Other Than Named Above: I �I Capacity(ies) Claimed by Signer Signer's Name: Noel owsle fi2 Individual Top cI Ihumb heir �I❑ Corporate Officer— Titles) I` ❑ Partner—❑ Limited ❑ General _ I ❑ Attorney in Fact 1-1 Trustee Trustee - _ II: ❑ Guardian or Conservator _ 1 ❑ Other: - - i = hl fi Signer Is Representing: Self _ �I 0 1909 Na0onel Notary Aaceirdvan•Sim De 5oio Ave Re eon2e02•9Onlawo114 CA B1313-2A02•www naoonclnmaryorg Pr.d Nn 5907 fiamtlai Cull Toll-i1-000-tl>Pua27 M E M O R A N D U M DATE: October 26, 2001 TO: Engineering-Margo FROM: Office of the City Clerk RE: Amendment#2, A4192 CC: File Attached please find two copies of Amendment#2 for contract services agreement with NRO Engineering for Engineering Plan Checking, approved by the City Council on October 17, 2001. Please forward one copy to the contractor. I have retained one copy for our files and forwarded a copy to Finance. Barb cc: Finance File �^ �NRO Engineering Engineering Plan Check AGRrM-EKNT #4192 AMEND 1 CM signed 11-9-00 FIRST AMENDMENT TO CONTRACT SERVICES AGRE'EM WT-N0-4192— FOR ENGINEERING PLAN CXIECKING The following article of Agreement No. 4192 is hereby amended to read as follows: 3.0 PERFORMANCE SCHEDULE 3.4 Term. This amendment serves to extend the current agreement for a period of one year, or until October 7, 2001. Except as specifically amended by this First Amendment, all terms and provisions of Agreement No. 4192, approved by the City Council on 1017198, Minute Order No. 6250, remains in full force and effect. DATED this 9 Day o , 2000. AlEST- CITY OF PALM SPRINGS, a municipal corporation i y Clerk City Manager APPROVED AS TO FORM: Cittorney AC'PROVEL) DY THE 07f o'AANAGER 4y)41 �2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT M�r ,rrrr.�r.<;r.T-r�-scacarrtircr;.c-<�,5rcrcr�:src;.�r..,acrrrcrcrc<.'.5,2.,acrrrcrcrc_<'cacr..,r.�.r ti.�ti-��xcr_r.�ti� ate of California ss. County of i On C�before me, Dele �^ r anA Title of alflcer(e g "J,no Doe Notary P h m'J personally appeared m3me(s)of sl9nert3) ' ,i personally known to me LJ proved to me on the basis of satisfactory I evidence 1 to be the personV whose name Q�a subscribed to the within instrument and acknowledged to me t /�executed ? the same in t r authorize capacity(10), and that by �>d^ it JANET M.ANOEg50N Commisswn 1t 1110226 signature n s) on the instrument the person or • a Notary Public--California the entity upon behalf of which the personX I San Bernardino County acted, executed the instrument. My Comm.Expires Jan 10.2001 I �I WITN SS my hand andAlcial seal �I f _ til II Place Nol,ry Seal Above Sign,luro of Notary Public I OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this foam to another document. fi Description of Attached ument �Q11�1�d I i 1r`J Title or Type of Document: fi Document Date: _Number of Pages: � I Ifi Signer(s) Other Than Named Above: 7• . . �i 1 l/ fi Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s). Top of Ihiwil,Imra LI Partner—[I Limited ❑ General ❑ Attorney in Fact f] Trustee ❑ Guardian or Conservator Ifi ❑ Other: F I� Signer Is Representing: C1999 Nillonpl Notary Abboclollon•935000Sato Ave P0.k1ox 3002•ChPIBWotlh Gr 91313.3009•wwW py4ona nelaryorcJ Prod No 9907 Reorder coo Telll 1-900-e7e-e027 i M E M O R A N D U M DATE: November 14, 2000 TO: Engineering-Margo. FROM: Office of the City Clerk RE: Amendment#1, A4192 CC: File Attached please find two copies of Amendment#1 for contract services agreement with NRO Engineering, extending the term for period of one year, or until October 7, 2001, approved by the City Manager on November 9, 2000, per MO 6250. Please forward one copy to the contractor. I have retained one copy for our files and forwarded a copy to Finance. Barb cc: Finance NRO Engineering Engineering Plan Checking AGREEMENT#4192 M06250, 10-7-98 CTrY OF PALM SPRINGS Engineering Division -—- CONTRACT SERVICES AGREEMENT FOR ENGRUERING PLAIT CHECEI NG TMS NTRACT SERVICES AGREI~M� (herein "Agreement"), is made and entered into this A/ I 1-�LA ,Y06)7�by and between the CITY OF PALM SPRINGS, a municipalWrrpamtion, (here "City") and NRO ENGPW LING (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 high 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 "high professional standards" shall mean those standards of practice recognized by first-class firms performing superior services exceeding the norm for the profession under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. 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 wi 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 taxes,plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity_with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has 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. 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 EurtherRg5ponsibilitiesofParties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor,incorporating therein any adjustment in(i)the Contract Sum, and/or(ii)the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum, or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or necessary in the performance thereof. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the"Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Fxhr�B" shall govern. 2.0 COA TNSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of(See Exhibit B) (herein" Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract 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 (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 FEMMANCE SCIM)UGE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the"Schedule of Performance"attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Ma The time periods) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions,riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City,if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Noel R. Owsley, Principal 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. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella'Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such 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 Indoendent Cgotractor. 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 Contactor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNMCATION AND BONDS 5.1 Insurance, The Contractor shall procure and maintain., at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive Gmeral_-Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either (i) a combined single limit of$1,000,000.00 for bodily injury, death and property damage 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$100,000.00, 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 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 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 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. 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) and shall conform to the following "cancellation notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING CONTANY SHALL MAIL AN ADVANCE 30-DAY WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN_ The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City,its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the 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 tern, provision, covenant or condition of this Agreement, 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 hating Guide, The Ivey Rating Guide or in the Federal Register, and only if they are of a financial category Class 'VIC or better, unless such requirements are waived by the Director of Administrative Services or designee of the City("Director of Administrative Services")due to unique circumstances. In the event the Director of Administrative Services determines that the work or services to be performed under this .Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Director of .Administrative Services; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Director of Administrative Services to the City Council of City within ten (10) days of receipt of notice from the Director of Administrative Services. 6.0 RECORDS AND REPORTS 6.1 Reports,. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of 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 Documonu. The drawings,specifications,reports,records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENF'ORCEM Yr Or, AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 IN Mutes. 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 talm legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment 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 parry's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall, pay to the City the sum of N/A ($ ���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"). Ue City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Pnor to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the hollowing Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations 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 set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attomeys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taldng depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CnY OFMCkRS AND EMPLOYEES: NON-DISCYJMINA,T'ION 8.1 Non-liability of Citv_OfFtcers and Emplovees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will. not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Again_st 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 talre 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, C= OF PALM SPRINGS P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Inte lion• Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WBEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATIEST: CITY OF PALM SPRINGS, J a municipab corporation E2 By: Y City Clerk City Manager AP VEl7 AS T FORM: A�`f=CC ( G �D i S;yr COUNCIL ity Attorney / \ - 7 ��� - -- — �� 1117, CONTRACTOR: NRO ENGINEERING Check on" Individual _Partnership Corporation (Corporations require two signatures: By: One from each of the following: A. Signature (Notarized) A. Chairman of Board,President, any vice-President AND B. Secretary, Print Name Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial Officer). By: B. Signature (Notarized) Print Name&Title Mailing Address: , Palm Desert, CA 92211 EXIIIBIT "A SCOPE U SERVICES Provide plan check services for street improvement plans, grading plans, storm drainage plans, sanitary sewer plans, subdivision maps, signal and lighting plans, signing and striping plans and engineering reports- All Plan Checking services shall be in conformance with the City of Palm Springs Standard Details, the Standard Specifications for Public Works Construction, State of California Standard Plans and Specifications (where specified), applicable State law and Municipal Codes and Ordinances. Provide other general engineering services as needed. EX MIT "A" TO CONTRACT SERVICES AGREEMENT E=IT "B" SPECIAL REOUIREMENTS Section 2.1, Contract Sum. The total contract sum will not exceed $100,000. The total amount will be consistent with Exhibit C. Section 3.4, Termer 3rd line is revised to replace "not exceeding one(1) year from the date hereof," with: "not beyond October 7, 2000." 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(a), Comprehensive General Liability Insurance shall be in the amounts specified as if the Contract Sum were less than$100,000. Section 5.1(d), Additional Insurance eliminate and replace with the following: (d) Professional Errors and Ornissions Insurance: A policy of Professional Errors and Omissions insurance in an amount not less than$500,000 pr claim 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. Section 6.2, Records, is amended to require that all records be returned to the City of Palm Springs for storage and filing upon completion of plan check. Upon completion of plan check, the plans will be signed and stamped by the registered engineer who reviewed the plans, recommending approval by the City. EXIIBIT "C" SCHEDULE OF COMPENSATTON STREET PLANS $532 per sheet checked SEWER PLANS $425 per sheet checked STORM DRAIN PLANS $532 per sheet chocked GRADING PLANS A.Less than 15000 SF $532 per sheet checked B. 15000 SF to 4 Ac $850 per sheet checked C. 4 + Ac $1530 per sheet checked MAPS 4 Lots or less $638 per sheet checked 5 Lots or more $850 per sheet checked SIGNING&STRIPING PLANS $425 per sheet checked SIGNAL&LIGHTING PLANS $532 per sheet checked PROFESSIONAL REPORTS OR ITEMS NOT COVERED Hourly basis in accordance w/Exhibit C-1 Payment shall be for up to 3 submittals fox plan check on a project. Additional "per shed"charge of half the above amounts may be made on the 4th resubmittal for plan check. Request for payment for plan check services shall be made after submittal of plans for City approval. Payment shall be lump slim General Engineering services shall be paid in conformance with Exhibit C-1 with payment in conformance with Section 2.2. "Fast Track"performance fees shall be 1-1/2 times those shown above. AiA111 I "CIS TO CO-MMACT SERVICES AGREEMENT EXHIBIT`C-1 HOURLY RATES HOURLY RATE SCHEDULE 1999 Principal Engineer-Registered (P-E.) $100.00 Project Engineer/Surveyor-Registered (P.E./L.S.) S 85.00 Registered engineer $ 75.00 Designer/Inspector/Cad Operator w/Computer Workstation $ 60.00 Word Processor $ 40.00 Office Technician/Courier $ 35.00 Two-Man Survey Crew $130.00 Three-Man Survey Crew $165.00 Survey Travel Time Crew Rate X 60% Survey Vehicle Allowance(per day) $ 30.00 Reimbursable Expenses Photocopies $0.20 ea. Blueprints $0.30/Sq.Ft. Xerox 2510 $1.00/Sq.Pt. Postage, Long Distance Phone Cost+15% Vehicle Mileage $0.40/mile Reproduction, Special Photography, Printing, etc. performed by Subcontractor, Aerial Photogrammetry, Delivery Service Cost+15% Hotel/Meal Per Diem Expense $45/day 509o' Surcharge for Depositions and Expert Witness Testimony 25% Surcharge for Expert Witness preparation and travel F. 11C-1" TO CONTRACT SERVICES AGREEMENT F=IT "D" CHED E OF PERF RMANCE Plans For checking shall be picked up at Palm Springs City Hall within 2 working days of notification. Plans shall be checked and returned with written comments within 2 working days, plus 1 working day per sheet checked following pick-up- Example of a 3 sheet plan check performance: Notified on Day 1 Pick up by Day 3 Return by Day S Working days are Monday-Friday, not counting Holidays. "Fast Track" payment reduces all times by 50%. TO CONTRACT SERVICES AGREEMENT Client : 7921 /� ' NROENGINE ,ACOR& CERTIFIC-�E D6/OS/00 OF LIABILITY INSUI ►NCE G /05//00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & ASSOciates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INsuRERA:St . PaU1 Fire & Marine NRO Engineering INSURE:RB.Design Professional insurance CO. 41-945 Boardwalk, Suite H INSUREPO Palm Desert, CA 92211 �_— - - INSURER D. NSURES E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSRI 'POLICY EFFECTIVE POWZY EXPIRATION LT TYPE OF INSURANCE POLICYNUMBER DATE D� TE MM Dl LIMITS • GENERAL LIABILITY �RP06658585 1 05/19/00 05/19/01 EACHOCCURRENCE -IS1, 0000 , 000 h' COMMERCIAL GENERAL LIABILITY FIRE DAMAGE; SINCLUDED CLAIM$MAOE-� OCCUR ME EX 5S _000 PERSON ADVIN.IURY 51, 000 , 000 GENERAL AGGREGATE s2, 000, 000 GEN L AGGREGATE LIMITAPPLIESPER: PRODUOTS•COMP/DP AGO 52, COO, 000 1 POLICY77 PRO- jPQT LOG A AUTOMOOILEIJAWLITY RP06658585 05/19/00 05/19/01 COMOINED SINGLE LIMIT 51, 000 , 000 ANY AUTO (Ea accltlenl) ALL OWNED AUTOS UVI'9 BODILY INJURY S SCHEDULEDAUTOS a y^ (Per per5on) — X KREDAVTOS '� n a� h L�� BODILYINJURY NON-OWNED AUTOS (Per accIdenTltleni) $ ry —I � •' rr y� PROPERTY DAMAGE S (PcraccltlenO GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY; AGG _EXCESS LIABILITY EACH OCCURRENCE 5 OCCUR CLAIMS MADE rAIGGREGATZ S _ DEDUCTIBLE _ RETENTION S5 WORKERS SP COMPENSATIONAN❑ WC STATU- IOYH EMPLOYE WMPEILITY .�TQHYLIM LT_SL__J_E- E L.EACH ACCIDENT 5 _ E_L.DISEASE-EAEMPLOYEElS _ E.L.DISEASE.POLICY LI MITI$ R OTHER Professional SAR0300925 05/31/00 05/31/01 $1, 000 , 000 per claim Liability $1, 000, 000 annl aggr. I i ❑ESCRIPTION OF OPERATIONSILOCATIONSIVENICLES/EXCLUSIONS AD DCD BY ENDORSEMENT/SPECIAL PROVISIONS For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims presented within the policy period. The limit will be reduced by payments for indemnity & expenses . *Except 10 days notice of cancellation for non-payment of premium. (See Attached Descriptions) CERTIFICATE HOLDER ADDIIIONALINSUREDONSURER LETTER CANCELI-ATION SHOULD ANYOFTHEABOVF DESCRIBED POLICIES BE CANCELLED SEFORETHE EU+IRATION CITY OF PALM SPRINGS DATETHEREOF,THEISSUING INSURERWILL3250[P A1L3 O�* DAYSWRITTEN ENGINEERING DIVISION NOTICETOTHE CERTIKICATE HOLDER NAMEDTOTHE EFTX1D9x6 LLB 90�?{1Lx MARGOT DESROSIERS , SECT. a¢ananaGscpas�tt�sB[c�rms 3200 TAHQLTI TZ CANYON WAY Palm Springs, CA 92262 AUTHORIZED REPRO - ACORD25-S(7197)1 Of 2 #M37908 THO D ACORD CORPORATION 1988 Client : 7921 hIROENGINE 9�1�r ' CERTIFIC OF LIABILITY INSU NCE �o%251/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- Santa Ana, CA 92711-0550 714 427-6810 /' INSURERS AFFORDING COVERAGE INSURED • 1�1 10 ' ' IN ---- suRERa:St . Paul Fire & Marine NRO Engineering �r �3ti ��o_�� INSURERB:Design Professional Insurance Co- 41.945 Boardwalk, Suite H ��' '0 [ -- INSURER C: Palm Desert, CA 92211 CGN G 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 SY PAID CLAIMS. _ IN9R T ^'POLICY EFFECTIVE pOLII:Y E%PIRATIaN' LIMITS TYPE OF INSURANCE POLIICY NUMBER GATE yMM/❑❑! ❑ / / A GENERALUA91LITY BIC00858805 05/19/01 05/19/02 EACHOCCURRENCE sl, 000 , 000 ',� CO_MMERCIALBENERALLIABILITY I FIRE DAMAGE(Anyoncflrc)$1, 000, DOD_ ICLAIMSMADE� OCCURI � MEDExp(gnyoneperson) S10 , 000 PERSONAL&ADVIN' RY $1 DOD 000 GENERAL AGGREGATE 52 , ODO,_00� GEN'L AGGREGATE LIMIT APPLIES PER _PRODUCTS-COMPIOPAGG s2 , 000, O00 POLICY' PRO LOG I A AUTOMOBILE LIABILITY 3K00856805 05/19/01 05/19/02 COMBINED SINGLE LIMIT .51 000 ANYAUTO (Ea accident) /-- , 000 ALL OWNED AUTOS iBODILY INJURY $ -- SCHE D UL E D AUTOS (Per person) X HIREDAUTOS BODILY INJURY S X NON-OWNED AUTOS Pecn cidenl) — _ PROPERTY DAMAGE (Par accident) _GARAGE LIABILITY AUTO ONLY•EAACCIDENT S — ANYAUTO OTHERTHAN EAACC $ --_ _— I AUTO ONLY: AGG S EXCESS LIABI LIT_Y EACH OCCURRENCE I5 OCCUR ( CLAIMS MADE AGGREGATE 5 — — I 5 _ — ❑EDUCTIBLE ___. .--- S -- 1 RETENTION S 5 WORKERS COMPENSATION AND — CSYTATTU- OTH- IEMPLOYERS'LIABILITY EE ... L_L_EACH ACCIDENT S E.L.OISEABE-EA EMPLOYEES_ cc E.L.DISEASE-POLICY LIMI $ B OTHERPrOfeSSl0nal 'SAEO: 03 $1, 000 , 000 per claim Liability $1, 000 , 000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLE *Except- 10 days notice o of premium. CITY OF PALM SPRINGS IS REGARDS TO GENERAL LIABILITY COVERAGE BUT 0 PERFORMED BY THE INSURED. CERTIFICATE HOLDER ADDMONALJNS RIBED POLICIES BE CANCELLED BEFOPETHE 100RATION CITY OF PALM SPRINGS ;URERWILLRBq AAIL3-ULDAYSWRITTEN ENGINEERING DIVISION ) TER NAMED TOTHE LEFT,qW74IENEF�➢LX MARGOT DESROSIERS, SE, �uaysnBa9asaa�rararme�DLsn � 3200 TAHQUITZ CANYOt-rmrT-.- =UTHoM2rOrR7EPRESEN Palm Springs, CA 92262 TIVE ACORD 25-5(7/97)1 of 1 #M3 7 9 0 8 �' THC o ACORD CORPORATION 19821