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HomeMy WebLinkAbout04167 - DKS ASSOCIATES INDIAN TRAFFIC SIGNAL MO6530 Page: 2 Report: Expired Contracts: Oldest Date= / / 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 Contractor :Interactive Design Corp. Insurance Status:A policy has Expired. �GS 2 +✓ 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/ 2 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/ 5-0— L XREF: ENGINEERING Service: In File 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 /P Contractor :Albert Grover&Associates Insurance Status: Certificate and Policies are OK �p3R Z XREF: ENGINEERING cc�� Service: In File A4245 Const. Staking EPC/Gene Autry CP92-36 07/19/2000 07/01/2002 Contractor:Engineering Resources Insurance Status: Certificate and Policies are OK ye XREF: ENGINEERING v Service: In File DKS Associates Indian Cnyn Traffic Signal Design CP95-06 AGREEMENT#4167 M06530,11-17-99 CITY OF PAiM SPRINGS -- - ---- - --- __ ]Engineering Division CONTRACT SERVICES AGREEMENT FOR INDIAN CANYON DRIVE TRAFFIC SIGNAL DESIGN CITY PROJECT NO. 95-06 THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"),is made and entered into this day of )11 vl? 19' ,by and between the CITY OF PALM SPRINGS,a municipal corporation, (herein "City") and DKS 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 Scone 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 fight of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards"shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. 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 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 Coal ractor's risk until written instructions are received from the Contract Officer. FM76I09 W-3 J216 4,261141M 1 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 ofParties. 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 reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a 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 of Twenty Thousand Five Hundred Dollars($20,500.00)(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, (ui)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 F=M999991300=1�.2&14M Rcvird:09MIM 2 0 0 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 SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the"Schedule of Performance"attached hereto as Exhibit"D",if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) 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: FRANK WATANABE Sr. Transportation 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. F5 76M99999-9000R.160684.26/14M Rcviwl:09NIN8 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 AeainstSabcontractinaorAssienment. 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 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner,mode or means by which Contractor,its agents or employees,perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all 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 anyway or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: FS]lt'l69999Y)-30WRIW689.2 W14M Rcvi�:09N1/9B 4 (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall he in an amount not less than 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$100,000, the policy of insurance shall be in an amount not less than$5,000,000 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss,claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either(i)bodily injury liability limits of$500,000 per person and$1,000,000 per occurrence and property damage liability 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) Additionallnsurmce. 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 shalt 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. rs71276099999d0 MW6912&14196 R.,Iwd:WHIM 5 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 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 Iris 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 increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten(10) days of receipt of notice from the City Manager. F5d2'/6N99999-30 W2ILOE84.2 6/(4/96 aevird:09A1/96 6 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact,circumstance,technique or event and the estimated increased or decreased cost related thereto and,if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute,claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party 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 F=76rU9999?300p216 4.2&14/96 kcVucd;09N1/98 7 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 waives of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement)(i)any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages 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 party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such frights 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 Damaees. 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 as N/A ($ N/A _) liquidated damages for each worldng day of delay in the performance of any service required hereunder, its specified in the Schedule of Performance(Exhibit"D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 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 he such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to FM7�3 216 4.2N14M zscri.m:MIM 8 i 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 he liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees 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 incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCMMATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor,or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that,by and for itself,its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of,any person or group of persons on account of race,color,creed,religion,sex,marital status,national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that F=76N99999300a21(U6 2&14M Rcvikd:a9A1N8 9 • i 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. 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 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. F=76U99999-30002160684.2&141% Acvuod:09MIM 10 0 0 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipG a orporafion em By: �' .� City Clerk ��(City Manager) APPROVED�AS TO FORM: —'CiVAAttomey APPRCaM BY THE CITY COUNCn1, (Corporation require two sigtatures: One from each of the following: -g`-'�` mo. A. Chaiman of Board, President, any Vice President: AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief !J/! Financial Officer). / /0 Ate (Check one: —Individual_Partnership .Z Corporation) CONTRACTOR: DKS ASSOCIATES By; �tc ✓ r /lC!� 2, ti A. Notarized Signature La Print 'Nam�'&Title dd B. Notarized Signature 4t2Alb�dr�Vh Print Name&'Title Mailing Address: 215 N. Marengo Avenue 3td Floor Pasadena, CA 91101 F5Ul]6999999-300021 r0684.2 6/U/96 Revised:n9A1N8 II CALIFORNIA 0�M,�11A - ALL-PURPOSE ACKNOY&EDGEMENT STATE OF CALIFORNIA COUNTY OF A 0jnfjL% 11,,?� On before me,__ffl i clt DATE NAME,TITLE OF OFFICER!E.G.,"JANE IbOE,NOTARY PUBLIC' personal I y a ppe a red, <. .5 a uut _ ei,�jd, a rn.�j . 14. JNetr�&Ik_ personally known to me (of-proved-to-m e-en4he-basi&of-satisWtory evidence)to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that helshel they executed the same in—his/her/their authorized capacity(ies), and that by hWhefAheir signature(s)on the instrumentthe person(s),orthe entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. MEL9 A SAUVE COMTO 1233647 NOTARY PUBLIC-CALIFORNIA LI JLIZZ61,ve- ALAMEDA COUNTY 0 (SEAL) COMM.EXP.AUG.31,2003 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE DATE: November 17, 1999 TO: City Council FROM: City Engineer APPROVAL OF CONTRACT SERVICES AGREEMENT WITH DKS ASSOC.FOR ENGINEERING SERVICES FOR'II1E INDIAN CANYON DR. TRAFFIC SIGNALS RECOMMENDATION: That the City Council approve a Contract Services Agreement with DKS Associates for professional engineering services,consisting of preparation of plans, specifications and estimates on new and upgraded traffic signals on Indian Canyon Drive between Baristo and Tamarisk,for an amount not to exceed $20,500.00, City Project No. 95-06. BACKGROUND: On February 17, 1999,the City Council approved Program Supplement No. 005-M to State Master Agreement No.08-5282 for reimbursement of preliminary engineenng costs for traffto signal interconnect, traffic signal construction and traffic signal modification on Tahquitc Canyon Way and Indian Canyon Drive. The Supplement Agreement provided 100% Federal funds in an amount of$130,000.00 to find the preliminary engineering for this work. Simultaneously, CVAG has been proceeding with a project utilizing State and Federal funds to interconnect regional roadways within the Coachella Valley. Included in the CVAG project is Indian Canyon Drive. CVAG has hired DKS Associates as their Design Engineer for this interconnect project. In order to avoid overlapping of design tasks on this project, City staff has met with CVAG staff and Caltrans Local Assistance staff to work out a procedure where both projects could get accomplished without any work duplication. Caltrans has given approval for the City to utilize the services of the pre- approvel CVAG consultant,DKS Associates,to design the traffic signals on Indian Canyon Drive. The interconnection of those signals,and the existing signals,is already included in the CVAG project. When the project goes to construction,the CVAG portion,and the City portion, will be combined into one construction contract with separate items identified so that the Federal funding sources of the City and CVAG are kept separate. The Tahquitz Canyon Way portion of the project will be designed and constructed separately, subsequent to the Indian Canyon Dr. work. EGA /040 Contract Services Agreement with DKS Assoc. November 17, 1999 Page 2 of 2 DKS Associates has provided the City a proposal for the design services in the amount of$20,500. These costs are 100'%reimbursable under the aforementioned Federal grant. Staff recommends that City Council approve a Contract Services Agreement with DKS Associates in the amount not to exceed$20,500. Funds are available in account number 2614491-50159. VAA--� _ DAVID J.RARAKTAN City Engineer Q APPROVED: ids. G 1� �P"i f / City r'� ATTACHMENTS: 1.Minute Order 2. Contract Services Agreement with DKS Assoc. MINUTE ORDER NO._&O APPROVING CONTRACT SERVICES AGREEMENT WITH DKS ASSOC. FOR PROFESSIONAL ENGIN- EERING SERVICES CONSISTING OF PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES ON NEW AND UPGRADED TRAFFIC SIGNALS ON INDIAN CANYON DRIVE BETWEEN BARISTO AND TAMARISK,FOR AN AMOUNT NOT TO EXCEED $20,5W.00, CITY PROJECT NO, 95-06 I HEREBY CERTIFY that this Minute Order approving a Contract Services Agreement with DKS Associates for professional engineering services,consisting of preparation of plans, specifications and estimates on new and upgraded traffic signals on Indian Canyon Drive between Baristo and Tamarisk,for an amount not to exceed$20,500.00, City Project No. 95-06. was adopted by the City Council of the City of Palm Springs, California,in a mating thereof held on the 17th day of November 1999. PATRICIA.A.SANDERS City Clerk 14T3 EXHIBIT "A" SCOPE OF SERVICES Prepare plans, specifications, and estimate for the following: 1) New traffic signal at Indian Canyon Drive @ Baristo 2) New traffic signal at Indian Canyon Drive @ Tamarisk 3) Signal equipment upgrade @ Indian Canyon Drive @ Arenas 4) Signal equipment upgrade @ Indian Canyon Drive @ Amado 5) Signal equipment upgrade @ Indian Canyon Drive @ Alejo 6) Signal equipment upgrade @ Indian Canyon Drive(iD Andreas 7) Signal equipment upgrade @ Indian Canyon Drive @La Plaza The designs shall be in accordance with City standards and requirements and shall utilize the Caltrans Standard Plans and Specifications(English units). Upgrades shall consist of new poles, heads and mast arms as well as vehicle heads for the cross streets where Stop signs currently exist(pedestrian only signals). Work shall include full utility search as well as items detailed below: 1. PROJECT DESIGN MEETING Contractor will schedule a meeting with City to discuss the project requirements in detail. Preliminary conceptual elements for the traffic signals will be reviewed for comments. At this meeting, Standard Specifications,as-built drawings,utility information and other important and pertinent information specific to the project will be discussed. 2. FIELD REVIEW AND UTILITIES Contractor will conduct a detailed field investigation of each of the seven intersections to identify, verify and obtain any pertinent design information. Field review and data collection will include verification of existing above ground utilities,right-of--way constraints and possible service conflict points for the two new signals. Contractor will provide fall utility search of the seven intersection locations, and incorporate all utility information received from the utilities into final plan submittal. Location of electrical service points shall be obtained by Contractor from the Southem California Edison Co. (SCE), and verified in writing. 3. PREPARATION OF PLANS, SPECIFICATIONS AND COST ESTIMATES Contractor will prepare complete original plans, specifications and cost estimates for seven traffic signals within the City. The final design, plans, specifications and estimate will be added to the current Phase I CVAG Signal Synchronization Design, Plans and Specifications. (A) Conceptual 65% Design: Contractor will develop conceptual signal plans for proposed signal layout, poles, signal heads, control cabinet, conduit, pull-boxes, ramps, pavement markings and FS=76099999-0p M60684.26114/ Rcvi�N:09 lm EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 12 striping,and power service cabinet. Contractor will prepare and submit 1" = 20' scale plans that include equipment and conductor schedules, video detection equipment, project notes, draft specifications, emergency vehicle pre-emption and engineer's cost estimates. (B) 90% Design: Upon approval of the 65% conceptual design by the City, Contractor will prepare and submit 90% complete traffic signal plans. Traffic signal plans will include all necessary details to submit the plans for construction. In addition to the plans, specifications and engineer's cost estimates will be prepared by Contractor. (C) Final Plans Specifications and Estimate (PS&E): Upon receipt of comments on the 90% traffic signal submittal, Contractor will respond to the comments and prepare final traffic signal design plans and technical special provisions, an update of the cost estimates, if needed, and submit signed and scaled final documents to the City. Final PS&E will be incorporated into the current existing CVAG Phase I Regional Signal Synchronization Design project. Contractor will include some modifications to the existing Phase I special provisions. The City will provide existing plans for the 7 intersections,and a sample of recent City-approved traffic signal plans and special provisions to Contractor for their use in preparation of the design. FS=76N99999-30 W 2I60684.2&1496 I cVided:WMIM EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 13 EXHIBrr "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 fast 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. Section 7.7, Liquidated Damages, is waived. EXHIBIT "B" rsvz7an I Maorzicaeaz&i"vs 09N1/96 TO CONTRACT SERVICES AGREEMENT Rcvira: 14 EXHIBIT "C" SCHEDULE OF COMPENSATION Contractor's compensation shall be on a time and materials basis in accordance with the attached hourly Fee Schedule. Fee amounts by task shall be as follows: TASK 1 -Project Design Meeting- Not to Exceed $ 500.00 TASK 2-Field Review and Utilities- Not to Exceed $4,500.00 TASK 3 -Plans, Specifications&Estimate(PS&E)Preparation: -65% Conceptual Design, Not to Exceed $ 9,000.00 -90% Design, Not to Exceed $ 4,000.00 -Final PS&E, Not to Exceed $ 2,500.00 TOTAL, NOT TO EXCEED:$20,500.00 EXHIBIT "C" F VuZ :WMI °°°a sobea.zui"vs TO CONTRACT SERVICES AGREEMENT 15 DKS Associates EXHIBIT C-1 CONTRACT SERVICES AGREEMENT Fee Schedule Effective August 1, 1999 throt gh July 31, 2000 ENGINEERS and PLANNERS TECIINICIANS and SUPPORT STAFF ^� Hourly Rate Hourly Rate Grade 1 $55-00 Tech Level A $35.00 Grade 2 60,00 Tech Level B 40.00 Grade 3 65.00 Tech Level C 45.00 Grade 4 70.00 Tech Level D 50.00 Grade 5 75.00 Tech Level E 55.00 Grade 6 WOO Tech Level F 60,00 Grade 7 85.00 Tech Level G 65.00 Grade 8 ^_ 90.D0 Tech Level 11 70.00 Grade 9 95.00 Tech Lovell 75.00 Grade 10 _100.00 Tech Level 1 80.00 Grade I 105.00 Tech Level K 85.00 Grade 12 110.00 Tech Level 90.00 Grade 13 110.00 Tech Level M 95.00 Grade 14 115.00 Tech Level N 100.00 Grade 15 t 120-00 Tech Level d 105.00 Grade 16 125.00 Grade 17 130.00 Grade 18 _135.00 Grade 19 140.00 Grade 20 145.00 Grade21 - l%00 Grade 22 155.00 projat expenses will be billed at em phv trn percent for service and handling. Pmjecl expenses include project-related casts such as reproduction through outside services,transportation,subsistence,denverytposlage and subcontractor servim. All invoices ate due and payable within 30 days or date of invoice. Irwoices outstanding over 30 drys will be assessed a VA percent service charge,compounded,for each 30 days outstanding beyond the initial payment period. Service charges arc not included In any agreement for maximum charge. Expert witness Charges we available an Bgoelt. EXHIBIT C-1 Revised August 1,19" CONTRACT SERVICES AGREEMENT PAContraetlreesched.doc without x9ll EXHIBIT "D" SCHEDULE OF PERFORMANCE Draft, 65% Engineering Design to be submitted by Contractor to City within 2 weeks after Contractor's receipt of base map information from City Draft 90% PS&E to be submitted by Contractor to City witldn 2 weeks after receipt of comments from City on the draft 65% PS&E design Final PS&E to be submitted by Contractor to City within 2 days after receipt of comments from City on the draft 90% PS&E design EXHIBIT "D" F522'/6N9999?3aW2160684.26/I4N6 TO CONTRACT SERVICES AGREEMENT FSM7:09AV98 16 ACURQ, CERTIFICAW OF LIABILITY INSU CkPID A6 DATE(MMIDD/YY) KSAS 1 11/12/99 PRODUCER THIS CERTIFICATE ISTMUED AS A MATTER OF INFORMATION Jenkins/Athens Ins Concord ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 5668 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Concord CA 94524-2029 Phone: 925-798-3334 Fax:925-671-9533 INSURERS AFFORDING COVERAGE INSURED INSURER A' CIGNA Property & Casualty Cos INSURER B. Indemnity Ins Cc of N. America DKS Associates INSURER C Cigna Insurance Company 1956 Webster Street #300 INSURER Zurich American Insurance Co Oakland CA 94612 INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION DATE MMIDDIYY DATE MMIDDNY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY D33736939 05/01/99 05/01/00 FIRE DAMAGE(Any one fire) $ 1000000 CLAIMS MADEFx] OCCUR MED EXP(Any one Person) $ 5000 X Empl Ben Liab PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2000000 POLICY PE CROT LOC J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO D33736939 05/01/99 05/01/00 (Ea accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ rESS LIABILITY EACH OCCURRENCE $ 5000000 B OCCUR CLAIMS MADE XTJXG19545878 05/01/99 05/01/00 AGGREGATE S5000000 DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND X W"LIMITS ER C, EMPLOVERS'LIABILITY TORYC42724889 05/01/99 05/01/00 E L.EACH ACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER D Professional EOC675855706 05/01/98 05/01/01 $1000000 Per claim Liabilit $2000000 Agg DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIFXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 10 day notice of cancellation will apply if cancelled for non-payment of premium. City of Palm Springs, its officers, employees and agents shall be named as additional insureds, per attached. RE: Project #P99360, CP #95-06 Traffic Signal Design CERTIFICATE HOLDER y ADDITIONAL INSURED,INSURER LETTER' CANCELLATION PALMS-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL a�N 'wi)b MAIL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City ManBox 2743 PA` P.O. Sox 2743 Contract Officer LEFT,BOX N504A NO[�.%NX NKM19$XKKXXONMXXQ=NK Palm Springs CA 92263 % kl@3lFpff@�EL4YBS6FklC €XR€KP�NX5IPt1 . ACORD 25-S(7/97) " ACORD CORPORATION 1988 0 /GENERAL ENDORSEMENT 0 COMMERCIAL GENERAL LIABILITYCOVERAGEPART In consideration of an additional premium of Includes,it is hereby understood and agreed that the following applies: ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-FORM B CG 20 1010 93 Check if applicable X City of Palm Springs, its officers, employees and agents DKS Project#P99360,CP#95-06,Traffic Signal Design WHO IS AN INSURED(Section 11)is amended to include as an insured the RE:person or organization shown above,but only with respect to liability arising out of your ongoing operations performed for that insured. PRLVIARY COVERAGE Check if applicable With respect to claims arising out of the operations of the Named Insured,such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Insured(s). WAIVER OF SUBROGATION Check if applicable It is understood and agreed that the Company waives the right of subrogation against the above Insured(s),but only as respects the job or premises described in the certificate attached thereto. CROSS LIABILITY CLAUSE Check if applicable The naming of more than one person,firm or corporation as insureds under this policy shall not, for that reason along,extinguish any rights of one insured against another,but this endorsement,and the naming of multiple insureds,shall not increase the total liability of the Company under this policy. NOTICE OF CANCELLATION Check if applicableX It is understood and agreed that in the event of cancellation of the policy for any reason other than non-payment of premium,30 days written notice will be sent to the certificate holder by mail. In the event the policy is cancelled for non-payment of premium, 10 days written notice will be sent to the above. POLICYNO: D33736939 POLICYTERM: 5/1/99 to 5/1/00 ISSUED TO: DKS Associates INSURANCE COMPANY: CIGNA Insurance Company ISSUE DATE: 11/12/99 Authorized Representative: 2- Jenkins/Athens Insurance Services acoRD. CERTIFICAM OF LIABILITY INSU NCB OPID F DATE(MM/DD/YY) SAS-1 04/30/02 PRODUCER _S THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION -Jenkins/Athens Ins Sacramento ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License No. 0545478 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 13847 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95853 �� �' INSURERS AFFORDING COVERAGE , Phone: 916-925-2525 Fax:916-925-3595 INSURED INSURER Hartford Fire Insurance,)'C" INSURER B: Twin City Fire Ins Co 0.) DKS Associates wsURERC Twin City Fire Ins Cc N 6 1956 Webster Street #300 wsuRERD: Connecticut Indemnity Co,�" Oakland CA 94612 INSURER Zurich American Insuran�A,,Go " 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. INSR POLICY EFFECTIVE POLICY EXPIRATION LIS TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY 57CESOA2076 05/01/02 05/01/03 FIRE DA h MAGE(Anyanefre) $300,000 CLAIMS MADE I OCCUR MED EXP(Any one person) $ lO,0000 X Gross Liability PERSONAL B ADV INJURY $ 1,000,000 X Clause Applies GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO X LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 $ X ANY AUTO 57UENOA2077 05/01/02 05/01/03 (Ea accident) ALL OWNED AUTOS _ BODILY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 C OCCUR CLAIMSMADE 57HUSL5562 05/01/02 05/01/03 AGGREGATE $ 1,000,000 DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND X TORYLIMITS ER D EMPLOYERS'LIABILITY JAYY20004701 05/01/02 05/01/03 E.L EACHACCIOENT $ 1,000,000 E.L.DISEASE-EA EMPLOYEE $ 1,0 0 0,O O O E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER E Professional EOC675855708 05/01/02 05/01/03 Per Claim $1,000,000 Liability - Aggregate $1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: 99360. CP95-06. Traffic Signal Design. The Certificate Holder is an Additional Insured per the attached Forms CG2010 1093 and CA0001. 10 day notice of cancellation will apply if cancelled for non-payment of premium. CERTIFICATE HOLDER 1' I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION PALMS-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City Manager &Contract Officer IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 2743 Palm Springs CA 92263 REPRESENTATIVES. A H RI2E0 REPRESE VE ACORD 25-S(7197) U ©ACORD CORPORATION 1988