HomeMy WebLinkAbout04126 - ARB INC MVP LANDSCAPING CP95-38 MO 6465 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.
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
XREF: ENGINEERING
Service: In File
A4126 MVP Underground Construction 07/28/1999 08/01/2000 [ x
Contractor:ARB Inc. Insurance Status: Certificate and Policies are OK /iV V
XREF: ENGINEERING C/C
Service: In File
A4167 Indian Cyn Drive Traffic Signal Design, CP95-06 11/17/1999 11/01/2000 n
Contractor :DKS Associates Insurance Status: Certificate and Policies are OK 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, M06627 06/07/2000 06/01/2001 /
Contractor :Albert Grover&Associates Insurance Status: Certificate and Policies are OK
XREF: ENGINEERING C�
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 y�
XREF: ENGINEERING L
Service: In File t /
h —a ra uV�V' �e
• • Inc.
Construction of Underground
Work - MVP Landscaping
AGREEMENT #4126
M06465, 7-28-99
CITY OF PALM SPRINGS -- -
Engineering Division
CONTRACT SERVICES AGREED4IIVT FOR
THE CONSTRUCTION OF UNDERGROUND WORK
MID-VALLEY PARTWAY LANDSCAPING, CITY PROJECT No. 95-38
rl
THI, CONTRACT SERVICES AGREEMENT(herein"Agreement"),is made and entered into this
day of � -P , 19-/T%,by and between the CITY OF PALM SPRINGS,a municipal corporation,
(herein"City✓j and INC., (herein"Contractor"). (The term Contractor includes professionals performing in
a consulting eapacitThe 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 light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase"highest
professional standards"shall mean those standards of practice recognized by one or more fast-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 he 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 he 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.
FSZ276p999993000f216 W/.2 W14M
Reid:09MIM
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 of Parties. Both parties agree to use reasonable care and diligence
to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments,prepare all documents and take all actions as may be reasonably necessary to carry out the 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 he 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 T. 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$33,927.00(herein "Contract Sum"),
except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon
completion, (ii)payment in accordance with the percentage of completion of the services,(iii)payment for time and
materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the
Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may
include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,
transportation expense approved by the Contract Officer in advance, and no other expenses and only if 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
FS2M&W77➢F3 0 0 0216 0 6 94.2,6114196
9" ;09)01198
2
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 he 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 he 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. r
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:
GREG DAHL,
Division Manager
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.
rsvxraaystvvvaaawtlaaAu.z eiu9s
aevi"d:0iN1/9�
3
4.2 Contract Officer. The Contract Officer shall be such person as may he 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 Aeainst Subcontracting orAssignment. 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 any way or for any purpose become or be deemed to be a partner of Contractor
in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
5.0 INSURANCE,INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a
form and content satisfactory to City,during the entire term of this Agreement including any extension thereof, the
following policies of insurance:
FSNZ/4U999➢930002100 W/.2 6114N6
Fcvind:09.01Ni
4
(a) Comprehensive General Liability Insurance_ A policy of comprehensive general
liability insurance written on a per occurrence.basis. The policy of insurance shall be in an amount not less than
either(i)a combined single limit of$1,000,000 for bodily injury, death and 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 he 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"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, 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.
P.A.d;WMI/30002I 1.2 W1196
RwLed:a9A1/M
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 his power of attorney. The bond shall be unconditional and remain
in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and
faithfully performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California,rated"A" or better in the most recent
edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial
category Class VII or better,unless such requirements are waived by the City Manager or designee of the City("City
Manager') due to unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that
the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed
accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall
have the right to appeal a determination of increased coverage by the City Manager to the City Council of City
within ten(10)days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
F52W69 999 99-3Q=16Da4.2 6114M
Fe"Led:09,01M
6
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
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
FEMS09999 300a IMM.26/14M
IIeMd:09A1/9i
7
provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal
action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement
without cause pursuant to Section 7.8.
7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable
to Contractor(whether or not arising out of thus.Agreement)(i)any amounts the payment of which maybe 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 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 as
N/A ($_N/A service required hereunder,as specified mthe Schedule ofPerformance
(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 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
rSZ77&W99➢A30=1QOW4.2 6114M
R.W.d:09NIM
8
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 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. Attomy'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-DISCREMNATION
8.1 Non-liability of City Officers and Emnlovees. 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 financialinterest,
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
applicants are employed and that employees are I rested during employment without regard to their race,color,creed,
religion, sex,marital status,national origin, or ancestry.
9.0 MISCELLANEOUS FROVISIONS
FS72'16N99999.30W/21OO .2 W14M
Revi'N:O9AIAa '
9
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 Inteeration: 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.
F5727Q999999-3M1216 U.26114M
Revi.W:09911W
10
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF P M SPRINGS,
a municipal rporation
A
By:
City Manage
City Clerk
APPROVED AS TO FORM: (Corporations require two signatures: One from each of the
following: A. Chairman of Board,President,any Vice President:
AND B.-Secretary,Assistant Secretary,Treasurer,Assistant
Treawrer,or Chief Financial Officer).
City Attom lJ
(Check one: Individual_Partnership
-j Corporation)
CO R: ARB, INC.
By:
JO H N`i�.`PE I`e
.,,,dENERA
ETbN �45Title
,i END By MY C�` Y Ca�d9N R.� By:. � z�,,�.
B. Notarized'-Sig
o rizetl-Sig stir e
,Y�in �fro Freden burgh v
A)r. Vise F"rres-a i'-M
Mailing Address:26000 Commerce Center Dr.
Lake Forest, CA 92630
F=6099999-3=216M.2 61IIN6
Rcrved:09N1/9a
Il
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California I
County of Orange ss.
On J 129rC, before me, Jacquelyn G. Anderson
r/te Name and Title of Officer e. '( g.,"Jane Doe Nolary Public)
personally appeared 0. ` .��
Name(S),d(signers)
X_aersonally known to me I
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
JACQUELYN G.ANDERSON
capacity(ies), and that by his/her/their
Commission#122059:2 signature(s) on the instrument the person(s), or
Notary Public-California the entity upon behalf of which the person(s)
Orange County acted, executed the instrument.
my comm.[rgaires Jun I8,!W.==
WITNESS my hand and official seal.
Place Notary Seal Above �,/ I Signature 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 form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
❑ Individual
Top of thumb here
El Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
f
I
91997 National Notary Assoaandn•9350 De Soto Ave,PO.Ban 2402•Chatsw nh,CA 91313-2402 Prod No.5907 Reorder.Call Toll Free1-800-876-6827
EXETBIT W
SCOPE OF SERVICES
for
CITY PROJECT NO. 95-38
ARE, Inc, will perform the following Scope of Services,under this Agreement, as follows:
• Mobilize, layout, excavate and backfill trench.
• Install and provide conduit,pull boxes;,handhole, pad and posts.
• Provide and install electrical pedestals.
The above work is per So. Calif. Edison(S.C.E.)D.W.O. 6779-2345, Sheets 1 thru 4, and D.W.O. 6779-2344,
Sheet 1 of 1.
The work will be performed on Mesquite Avenue, from San Luis Rey to Dinah Shore Bridge.
MM7609Y19�30 W 216068/.2 G141%
Itcwad:09AINY
EXHIBTr W
TO CONTRACT SERVICES AGREEMENT
12
EXHIBIT "B"
SPECIAL REOUIREMENTS
Contractor shall:
• Call Underground Service Alert(U.S.A.)
• Attend a pre-construction meeting
• Submit the name of a designated representative
• Submit a list of emergency telephone numbers
• Submit a Schedule of Values
• Submit a Construction Schedule
• Submit a truck route and disposal site
A "No Fee"permit will be issued at the pre-construction meeting.
EXHIBIT "B"
M M6099999-3M216%M.2 61II1% TO CONTRACT SERVICES AGREEMENT
Ncvia1:09/01M
13
i •
EXHIBIT "C"
SCHEDULE OF COMPENSATION
For services rendered, the Contractor shall be compensated for the work outlined in Exhibit A on a lump sum
basis, for a total amount of$33,927.00.
Fszm�a �3000aimwa.a�uroe EXHMIT "C"
R.!. .a9MINg TO CONTRACT SERVICES AGREEMENT
14
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
The Contractor has 20 working days to complete the work.
The start date is August 2, 1999.
EXHIBIT "D"
FS=&U9999MM216U6M.2014/% TO CONTRACT SERVICES AGREEMENT
Acwed:COMM
15
. ARB, Inc.
Construction of Underground
Work - MVP Landscaping
AGREEMENT #4126
M06465, 7-28-99 related
M E M O R A N D U M
DATE: August 6, 1999
TO: Engineering-Margo
FROM: Office of the City Clerk
RE: ARB -A4126:
CC: File
Attached please find two copies of the above mentioned agreement,
regarding the construction of underground work on the MVP landscaping CP95-
38. Please forward one copy to the contractor and retain one copy for your files.
I have forwarded a copy to Finance and retained the necessary copies for our
records.
The contract calls for a Performance Bond in an amount equal to the contract
price. There is no Bond on vile.
Should you have any questions, please let me know.
Trisha
cc: Finance
v�
MEMORANDUM
DATE : AUGUST 6, 1999
T O: Patricia A. Sanders, City Clerk t/''
FROM: David J. Barakian, City Engineer
S U B J E C T: ARB Contract Services Agreement for
City Project No. 95-38
At your request, this memo is to serve as a waiver for the Performance Bond
required in Section 5.3 of Agreement between ARB, Inc. and City, for the Mid-
Valley Parkway/Underground Work project.
This memo will be attached to your official document as a waiver for this bond
so you can execute this contract.
DJB:and
1-u1. 27. 1990— 8: 39AM.---HILI. & USHER— � No, 5030T F, 2/4
A rurr. UEK I I ICH vr- LIABILITY INSU ' CE PID SW �°""'
1 '82N-1 07/23/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
` ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hill & Usher - Phoenix HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
5060 North 40th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phoenix AZ 85018-2140
Phone: 602-956-4220 Faxv602-956-4418 INSURERS AFFORDING COVERAGE
INSURED INSURERA St. Paul Fire & Marine Ina Co_
INSURER B: Continental Casualty. Company
ARH INC. ET AL INSURERC:
26050. COkdRCENTRE DRIVE INSURER D;
IT
IAREIXTOREST CA 92630
INSVRER 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 VMICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS
L7R TYPE OF INSURANCE POLICY NUMBER DOT R UO ImMIDDfYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A X COMMERCIALGENERALLWBILITY KKOB300833 02/28/99 02/28/00 FIRE DAMAGE(Anyou fire) $100,000
CLAIMSMADE OCCUR MED E(P(-M one person) 35,000
X Xcu PERSONAL&ADV INJURY 12,000,000
X CONTRACTUAL LTAB GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 52,000,000
POLICY X PEC0. LOC
AUTOMOBILE LIABILITY COMHINED SINGLE LIMIT
A X ANYATO KKO8300833 /28/99 02/28/00 (Essndtern) 51,000,0a0
X ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS � � (Px px3on) S
X HIREDAUTOS
OILY INJURY
X NpN�WNE0 AUTOS maiden{)
X PhVB DM9 $250 - Nu+n®/LSDD CbLL DED - �r - PROPERTY DAMAGE
PROPERTY
idarrt) 1
GARAGE LIABILITY ( ALTO ONLY-EAACCIDENT 3
ANY AUTO FNC NFFrs ACC
It `tv AOTHER UTO ONLY. �AGG §
EXCESS LIABILITY EACH OCCURRENCE
A OCCUR CWMSMApE KKO8300833 02/28/99 0 00 AGGREGATE 55,000,000
$ 10,000
DEDUCTIBLE
S
RETENTIpN S 1
WORKERS COMPENSATION AND X TORYLIMITS ER
A EMPLOYERS'LIABILITY _eSDDsaD-r•.gygnxrA 01/01/99 01/01/00 E.L.EACH ACCIDENT 11,000,000
R -910e221-� eTATE9 01/01/99 01/01/00 E.L.DI$EA$E•EAEMPLOYEE S 1,000,000
o7HEft E.L.DISEASE-POLICY LIMIT I S1,000,000
8 ALL RISK OF PRYS 191280138 06/30/99 06/30/00 CATASTRO- $5,000,000
LOSS OR DMG TO PROPERTY I PEE LIMIT $25,000 DED
DESCRIPTION OF OPERATIONS/LQCATIONSNEHICLESC-XCLUSIONS ADDEO BY ENDCRSEMENTTSPECIAL PROVISIONS
REa ARB SOS NO 1348110. CERTIFICATE HOLDER, ITS OFFICERSS, EMPLOYEES AND
AGENTS ARE RECOGNIZED AS ADDITIONAL INSUREDS PER ATTACHED FORMS AND
CONTRACT. COVERAGE SHALL BE PRIMARY. WAIVER OF SUBROCATION AND
CONTRIBUTION IN FAVOR OF CERTIFICATE HOLDER, ITS OFFICERS, EMPLOYEES AND
AGENTS AND THEIR RESPECTIVE INSURERS.
CERTIFICATE HOLDER Y I ADDITIONAL INSURED;INSURER LETTER, A CANCELLATION
CI'TYP-B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF.THE ISSUING INSURER WILLS MAIL 30 DAYSWRITTEN
CITY OF PALM SPRINGS DEPARTMENT OF TRANSPORTATION 0 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
3200 TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
AUTHORIZED REPRESENTATIVE
Mitchell D. Hill
ACORO 26-8(7/97) " ACORD CORPORATION 1991
,�
�„ ,r,,_ �.y,,.- ,...,., __
;s
i�'
c".. ,;
i....,.,..m.,. ....,.. _.� ,. ._...�,.a....�,_.
i
;'
CERTIFICATE NUMBER
MARSH USA INC. CERTIFICATE OFOSURANCE LOS-000259759-0
' COS-D00259759-00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
4695 MacArthur Court,Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
(949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
License# 3
Newport Beach,
CA 92660 COMPANIES AFFORDING COVERAGE
-
COMPANY
20346-00-00- A Zurich-American Insurance Company
INSURED COMPANY
ARE, Inc., Etal B National Union Fire Insurance Company of PA
26000 Commercentre Drive
Lake Forest, CA 92630 COMPANY
C
COMPANY
D 'd`t4L: DU r,=✓
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY'PE'@60�INOICATED
NOTVNTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(M MIDDIYY) DATE(MMIDDNY)
GENERAL LIABILITY
GENERAL AGGREGATE $ 3,850,000
A X COMMERCIAL GENERAL LIABILITY GL03676089-00 02/28/02 02/28/03 PRODUCTS-COMP/OP AGG $ 1,850,000
CLAIMS MADE I OCCUR PERSONAL&ADV INJURY $ 850,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 850,000
X
FIRE DAMAGE(Any one fire) $ N/A
X XCU Coverage Incl. MED EXP(Ary oneperson) $ N/A
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 2,000,000
A X ANY AUTO BAP3676090-00 02/28/02 02/28/03
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X NON-OWNED AUTOS (Per accident) $
X Physical Damage
PROPERTY DAMAGE
X 1,000 Comp/Collision $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
EACH OCCURRENCE $ 10,000,000
B X UMBRELLA FORM BE1394021 02/28/02 02/28/03 AGGREGATE $ 10,000,000
OTHER THAN UMBRELLA FORM S.I.R $ 10,000
WORKERS COMPENSATION AND -- -'--VV ATU= T - ---_ --
EM P LOYERS'LIABILITY TORY LIMITS ER
A VVC3676088-00(CA) 02/28/02 02/28/03 EL EACHACCIDENT $ 1,000,000
A THE PROPRIETOR/ INCL WC3676092-00(AOS) 02/28/02 02128/03 EL DISEASE-POLICY
A LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL $20,000,000 Limit 02/28/02 02/28/03 EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS(LIMITS MAY BE SUBJECTTO DEDUCTIBLES OR RETENTIONS)
Re: Reference#4126(MVP Underground Construction A4126)-Certificate holder is named as additional insured as their interest may appear and as
required by written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE BALL ENDEAVOR TO MAIL Ill DAYS WRITTEN NOTICE TO THE
City of Palm Springs CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn: Patricia A.Sanders
Office of The City Clerk LIABILITY OFANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES
3200 Tahquitz Canyon Way
Palm Springs,CA 92262
MARSH USA INC. p}-�
BY: Stephen Flynn ""
MM1(9199) VALID AS OF: 02/27/02
Page 2 of 2 Pages
Project No. AIP 3.06-0181-28
Palm Springs International Airport
Palm Springs, California
City of Palm Springs, California
(Name of Sponsor)
Title
(Seal) _
Attest:
Title: City Clerk
CERTIFICATE OF SPONSOR'S ATTORNEY
I, David J. Aleshire acting as Attorney for the City of Palm Springs (hereinafter referred to as
"Sponsor")do hereby certify:
That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor
relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects
due and proper and in accordance with the laws of the State of California and further that, in my opinion, said
Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof. //��
Dated at Palm Springs this � � day of L (ln�.0 i,,t , 2001.
By
Title City Attorney
Jrq"y �A
J-ul, 27. 1999— 8: 39AM_—HII,I, & USHER No, 5030-7—P,- 2/41�DM)
CEn i irICH * yr LIABILITY INSUR*C�BIN 1 07/23/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF'MFORMATION
` ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Hill & Usher - Phoenix HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3060 North 40th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Phoenix AZ 85018-2140
Phone: 602-956-4220 Fax:602-956-4418 INSURERS AFFORDING COVERAGE
INSURED INSURERA St. Pa111 FirE: & Mdririe IzL6 Co.
INSURER B: Continental Casualty Company
ARB INC ET AL INSURER C:
26069 COiMERCENTRE DRIVE INSURER D;
IT OREST CA 92630
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICAMO NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF AMY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED SYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS$HORN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTft TYPE OF INSURANCE POLICY NUMBER DAT MM1001 DA MM/DOM'I LIMITS
GENEF+AL LIABILITY E
ACH OCCURRENCE $ 1,OQO,O00
A X COMMERCIAL GENERAL.LIABILITY K&08300833 02/28/99 02/28/00 (Any one fire) $100,000
CLAIMS MADE OCCUR one person) 65,000
X XCU DVINJURY $2,000,000
X CONTRACTUAL LIAB REGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: OMPIOPAGG $2,000,000
17 POLICY X jaE LOG
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
A X ANY AUTO 000,000
KA08300833 /28/99 02/28/00 Fa
( ) $ 1
X ALL OWNED AUTOS
/./^1� BODILY INJURY
SCHEDULED AUTOS Il_ (Pet Penen) $
X HIRED AUTOS V OILY INJURY
X NONdMEOAUTOS eraa,denl) $
X PhYa Dmq $250 - crnrr n®Tssoo NL>+ rao =r�pn�
PROPERTY DAMAGE $
(Para¢iderrt)
GARAGE LIABILITY AUTO ONLY-EAACCIDENT 6
ANY AUiO �NCj�F ,NAQC
AUTO ONLY. EAAGG 6
EXCESS LIABILITY EACH OCCURRENCE $5,000,000
A OCCUR CLQMSMI KKOR300833 02/28/99 Q OQ AGGREGATE s5,QQQ,000
S. I- R. s10,000
DEDUCTIBLE
S
RETENTION s s
WORKERS COMPENSATION AND X TORY LIMITS ER
A EMPLOYERS'LIABILITY wvc�g3ooaao-ry.xxpxNxA 01/01/99 01/01/00 E.L.EACIA OIDENT $ 1.000,000
w -e200311-Ua=ETX= 01/01/99 01/01/00 E.L.DISEASE-EA EMPLOYEE $1,000,000
OYHE0. E.L.DISEASE-POLICY LIMIT S 1,000,0 0 Q
8 ALL RISK OF PRYS 191280138 06/30/99 06/30/00 CATASTRO- 45,000,000
LOSS OR DMG TO PROPERTY I I PEE LIMIT $25,000 DED
DESCRIPTION OF OPERATIONS&OCATIONSNEHICLESRXCLUSIONS ADDED BY ENDORSEMENTSPECIAL PROVISIONS
RE: ARB SOB NO 1348110_ CERTIFICATE HOLDER, ITS OFFICERS, EMPLOYEES AND
AGENTS ARE RECOGNIZED AS ADDITIONAL INSUREDS PER ATTACHED FORMS AND
CONTRACT. COVERAGE SHALL BE PRIMARY, WAIVER OF SUBROGATION AND
CONTRIBUTTON IN FAVOR OF CERTIFICATE HOLDER, ITS OFFICERS, EMPLOYEES AND
AGENTS AND THEIR RESPECTIVE INSURERS.
CERTIFICATE HOLDER Y I ADnMQNAL INSURED:INSURER LETTER. A CANCELLATION
CITYP-$ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF.THE ISSUING INSURER WILE.-MAIL 30 DAYSWR)TTEN
CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, r!
DEPARTMENT OF TRANSPORTATION
3200 TAHQUITZ CANYON SPAY
PALM SPRINGS CA 92262
AUTHORIZED REPRESENTATIVE J ,
Mitchell D. Hill �CJ1y/f
ACORD 2�8(7!9'n ACORD CORPORATION 19_1
CERTIFICATE
MARSH CERTIFICATE OFOSURANCE LOS-000259 59-0
LDS-000259759-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
4695 MacArthur Court, Suite 700 POLICY.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
(949)399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN,
License# 3
Newport Beach,each,CA 92660 COMPANIES AFFORDING COVERAGE
COMPANY
20346-00-00- A Zurich-American Insurance Company
INSURED COMPANY
ARB, Inc. B National Union Fire Insurance Company of,
26000 Commercentre Drive `.
Lake Forest,CA 92630 COMPANY
C N/A
COMPANY
D N/A
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(NI DATE(MMIDDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE $ 4,000,000
A X COMMERCIAL GENERAL LIABILITY GL03676089-01 02/28/03 02/28/04 PRODUCTS-COMPIOP AGG $ 2,000,000
CLAIMS MADErx] OCCUR PERSONAL&ADV INJURY $ 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
X FIRE DAMAGE(Any one Hre) $ N/A
X CU Covera a Inc. MED EXP(Anyone person) $ N/A
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $ 2,000,000
A X ANY AUTO BAP3676090-01 02/28/03 02/28/04
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
X Physical Damage
PROPERTY DAMAGE $
X 52,500 Comp/Collision
GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000
B _X- UMBRELLAFORNI- -- - - BE2987982_ _ __ __ __ 02/28/03 02/28/04"-- AGGREGATE- - - $ 10,000,000- -—
OTHERTHANUMBRELLAFORM S.I.R. $ 10,000
WORKERS COMPENSATION AND W ATU- TH
EMPLOYERS'LIABILITY TORY LIMBS ER
A EWS3676088-01 (CA) 02/28/03 02/28/04 EL EACH ACCIDENT $ 1,000,000
A THE PROPRIETOR/ INCL WC3676092-01 (AOS) 02/28/03 02/28/04 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL $20,000,000 Limit EL DISEASE-EACH EMPLOYEE $ 1,000,000
R
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
Re: Reference#4126(MVP Underground Construction A4126)-Certificate holder is named as additional insured as their interest may appear and as
required by written contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 1n DAYS WRITTEN NOTICE TO THE
City of Palm Springs CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn: Patricia A.Sanders
Office of The City Clerk LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE
3200 Tahquitz Canyon Way ISSUER OF THIS CERTIFICATE.
Palm Springs,CA 92262 MARSH USA INC.
BY: Stephen Flynn ^'
MM1(3102) VALID AS OF: 02/21/03