HomeMy WebLinkAbout04040 - DESERT JANITOR ROADSIDE MAINT o� Spey City of Palm Springs
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c'itIFOVL MEMORANDUM
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From: City Clerk
AGREEME
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Desert Janitor, Co.
Roadside Maintenance
AGREEMENT #4040
M06269, 11-18-98
CITY OF PALM SPRINGS
Engineering Division
CONTRACT SERVICES AGREEMENT FOR
ROADSIDE MAINTENANCE
I THIS C TRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this
day of L99'9, by and between the CITY OF PALM SPRINGS, a municipal
corporation, (herein "City") and Desert Janitor, Co., (herein "Contractor"). (The term Contractor includes
professionals performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class work and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase
"highest professional standards" shall mean those standards of practice recognized by one or more first-class firms
performing similar work under similar circumstances.
1.2 Contractor's 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 Contractor's risk until written
instructions are received from the Contract Officer.
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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.
1.9 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 Eighty-eight Thousand
Eight Hundred Fifty-Seven Dollars and 60/100 ($88,857.60) (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
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Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City
shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no
later than the last working day of the month.
3.0 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:
JOHN F. LANDS, President
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.
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4.2 Contract Officer. The Contract Officer shall be such person as may be designated by
the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor shall refer any decisions which
must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge,
capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to
enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or
in part the services required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered
voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written
approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons
acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor,
taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including
any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or
any surety of Contractor of any liability hereunder without the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located
within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities
with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith
efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work
required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local
Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that
no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing
advertisements inviting proposals or by sendimg 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:
(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
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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$5130,000 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) 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 shall contain the following "cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named
herein."
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way
the extent to which the Contractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is
otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities,
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(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
6.1 Reports. Contractor shall periodically prepare and subtnit 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
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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 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.
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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 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 ($ 0- liquidated damages for each working day of delay
in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D").
The City may withhold from any monies payable on account of services 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
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
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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. 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-DISCRIMINATION
8.1 Non-liability of Clay 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 Aeainst 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 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
Fsvz76106666-a au6 4.2.6/14/%
Rcvix :WMIM
9
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 Interuretation. 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.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
ATTEST: Ci y of Palm Spri gs,C 'fornia
-,"City Clerk City anager
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 Treasurer, or Chief Financial Officer).
City Attome
APPROVED BY THE CITY COUNCIL
BY Wr . PLO. (OQ(� 11_=�'Q-Q
F5 76aN9799-XXX)R]r 8426114/
R—v :WMIM
10
(Check one: ✓Individual_Partnership
_Corporation)
CONTRACTOR:
By:
Signature
p1 h' L,41✓D_5
Print Name&Title
f 2�sjbe-M
By:
Signature
Print Name&Title
Maii'((ing Address:10D S. w JRr s a_3i o
S.)t- /N6,5 C4
922 6 2 -
(END OF SIGNATURES)
n I
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ry C iEt7
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"S 76M9M-) n160684.26/14/%
Revisal:09/01/98
11
EXHIBIT "A"
;SCOPE OF SERVICES
1. SCOPE OF WORK: Maintain six (6)assigned street routes(Exhibit `A" attached)located within the
City of Palm Springs by policing and litter pick-up to remove paper, glass, trash, undesirable materials,
vegetation, and other accumulated debris from City streets and right-of-ways; from centerline of road to
10 feet off of road edge in both directions. All routes should be completed once during each five(5) day
work week.
Perform a City-wide palm frond route when directed by the Contract Administrator or his designee.
During normal work hours, respond within thirty (30) minutes to radio, pager, or telephone requests
from the City's Street maintenance staff to remove debris or vegetation that is located in the streets or
right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel and oil spills, downed
trees, vegetation, and rain and wind storms. The Contractor must be prepared to respond to changing
work assignments. An example is: being pulled off of an assigned route to respond to a request by the
Contract Administrator, or his designee, to pick up an abandoned mattress or appliance, etc., and then
immediately return to the previous assignment. Contractor shall submit "Call Out" list to Contract
Administrator or his designee showing sufficient numbers of personnel such that contact is available 24
hours a day, seven days a week.
Contractor shall maintain a log sheet of daily activities and hours worked that is turned into the Citv's
Street Supervisor at the end of the work shift (log sheet will be provided by the Contract Administrator).
Contractor to provide phone number, pager number for all personnel on "Call Out" list.
2. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew, both capable of lifting up
to 100 lbs in weight. The lead worker of each crew must be able to understand, read, and write English,
possess an appropriate valid California Driver's License, and have knowledge of how to use the
equipment listed below. One of the crew members will be designated as a lead worker and will be the
primary point of contact to receive and implement instructions. Within 60 days of contract
implementation a minimum of one individual member of the crew on duty must possess a certificate of
training in Work Zone Traffic Control. The certificate must be issued by he International Municipal
Signal Association, the University of California Institute of Transportation Studies or an equivalent
training program approved by the City. The Contractor will be responsible for any cost associated with
Traffic Control Certification. To provide for continuity, rotation of individuals assigned to this program
must be held to a minimum.
The City may, at its sole discretion, direct or allow the Contractor to use a single person to provide the
required services. Such work, when authorized by the City, will be governed by the rates proposed in
Schedule "B" (or in the case of an emergency, by Bid Schedule "C"). Except when directed otherwise,
the Contractor will be required to provide a 2-man crew.
3. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing sign (FAS),
and caution light. Vehicle must have a hauling bed or pull trailer with a capacity no less than 10 feet
F=76A9999.8 /21( 4.261l41%
0/01IN EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
12
long, five feet wide, with side boards at least five feet high. Anticipated mileage is in excess of 2,000
miles per month.
Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks,
weedeaters, and safety equipment, are required.
Radio will be provided by the City. Contractor will be held responsible for loss and/or damage of
equipment provided by the City.
4. WASTE DISPOSAL: The City will be responsible for the disposal of waste material collected by the
Contractor and no fee should be included in the bid for dump fees. The Contractor will be responsible
for sorting of material into the proper bins provided at the City Corporate Yard, located at 425 North
Civic Drive, Palm Springs. Should the Contractor fail to dump the collected materials into the proper
bins, Contractor will be responsible for payment of dump fees for the contaminated bin and repeat
offenses could result in the Contractor becoming responsible for his own disposal arrangements, or
termination of the Contract.
FS2 WODDM-3"121�4.261141%
Revixd:09N1I9S
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
13
ROUTE 2
Palm Canyon* Vista Chino Gene Autry Trl
Gateway Dr Hwy 111 Las Vegas Rd
Las Vegas Rd Indian Canyon Dr Gateway Dr
Tramview Rd Indian Canyon Dr West End
Racquet Club Rd Hermosa Rd & Bike Path Sunrise Wy
ROUTE 3
Vista Chino Gene Autry Whitewater Wash
E1 Mirador Ave Caballeros Sunrise Wy
Tachevah Dr Ave Caballeros Sunrise Wy
Amado Rd Calle El Segundo Sunrise Wy
Baristo Rd E1 Cielo Farrell Dr
ROUTE 4
La Mirada At Sunny Dunes Rd
Ramon Rd La Mirada Belardo Rd
Crossley Rd Ramon'.Rd Avenue 34
E1 Cielo Rd Escoba Rd & Bike Path Sunny Dunes Rd
Ramon Rd E1 Cielo (including Medians) San Luis Rey
Ramon Rd San Luis Rey (So. Side only) Ramon Bridge
Mesquite Rd Vella Rd Dinah More Bd*
San Luis Rey Mesquite Rd Ramon Rd
SunnyDunes Rd Gene Autry Trl Crossley Rd
SkyPoint Crossley Rd . San Luis Rey
SkyPoint Ramon Rd SkyPoint
Camino Parocella San Luis Rey Gene Autry Trl
Indian Springs Crossley Rd Rio Blanco
Rio Blanco Indian Springs San Luis Rey
Public Rd SunnyDunes Rd Camno Parocella
Vella Rd (W. Side only) SunnyDunes Rd Mesquite Rd
ROUTE 5
S. Palm Canyon Dr E. Palm Canyon Dr South End
Belardo Rd Alejo Rd .. Sunny Dunes Rd
SunnyDunes Rd S. Palm Cnyn Dr Belardo Rd
Alejo Rd Palm Springs Airport Vine Rd
Mesquite Av S. Palm.Cnyn Dr West End
Bogert Trl S. Palm!Canyon Dr RogertTrl.Brdg
Laverne Wy Camino Real (South side) CallePaloFierro
ROUTE 6
Farrell Dr Tamarisk Rd Vista Chino
Sunrise Wy North End Vista Chino
Ave Caballeros Racquet Club Road Via Escuela
Ave Caballeros Alejo Rd Saturnino Rd
Calle Encilia Alejo Rd Ramon Rd
Calle El Segundo Alejo Rd Ramon Rd
ROUTE 8
Indian Canyon Dr Vista Chino Interstate 10
Indian Canyon Dr(W.Side only) Interstate 10 18th Ave
Garnet Rd. East End W.City Limits
20th Avenue W.City Limits Indian Cnyn Dr
Dillon Rd Melissa In Diablo Rd
Tipton ,Rd Hwy 111 ': Interstate 10
Wendy Rd Tipton Rd North End
Salvia Rd West End East End
Gene Autry Trl(Palm Dr.) Interstate 10 Vista Chino
Executive Dr Vista Chino Via Escuela
Via Escuela Executive Dr (North side) Whitewater Club
. . Palm Frond Route
To be completed as instructed by Supervisor; usually following adverse weat
conditions (i.e.) .wind, rain, etc.
Palm Cnyn Dr Gateway Farrell Dr
Indian .Cnyn Dr Vista Chino Ramon Rd
Tahquitz Cnyn Wy Palm Cnyn Dr E1 Cielo
Cerritos Dr Ramon Rd cmno Parocella
Camono Parocella Cerritos Dr Sunrise Wy
Frontage Rd Camino Parocella Cerritos Dr
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EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 3.4, "Term" shall be revised to a two-year term for this Agreement
License requirement: Contractor shall posers a valid City Business License.
EXHIBIT "B"
rsza�e3oaoa�boeaa.z siiaiea
:O9NIN8 TO CONTRACT SERVICES AGREEMENT
FSM7
14
EXHIBIT "C"
SCHEDULE OF COMPENSATION
SCHEDULE "A": Rate per hour for 2-man crew consisting of Lead Worker and Worker and including the cost
of equipment, insurance, uniforms and any other associated costs:
2-MAN CREW....................................................................$ 23.14 PER HOUR
2-MAN CREW EXTENSION$/HR X 160 HRS PER MO................$3,702.40 PER MONTH
SCHEDULE "B": Rate per hour for Lead Worker and Worker including cost of equipment, insurance, uniforms
and any other associated costs:
LEAD WORKER..................................................................$ 12.67 PER HOUR
WORKER...........................................................................$ 10.47 PER HOUR
SCHEDULE "C": EMERGENCY CALL OUT RATES for Lead Worker and Worker including cost of
equipment, insurance, uniforms, and any other associated costs:
2-MAN CREW.....................................................................$ 30.50 PER HOUR
LEAD WORKER..................................................................$ 16.92 PER HOUR
WORKER...........................................................................$ 13.58 PER HOUR
Invoices shall be submitted to the Contract Administrator for approval. Contractor shall bill City monthly using
the number of hours worked as the basis for payment. Individuals assigned to this program shall, in addition to
daily log sheets, record hours worked on a daily basis at the direction of the Contract Administrator and submit to
City upon request.
EXHIBIT "C"
r522]6/WAII 30002160664.26/14/96 TO CONTRACT SERVICES AGREEMENT
FSM71.09/01/98
IS
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
WORK HOURS: Regular work hours consist of 7:00 a.m. to 3:30 p.m., Monday through Friday during the
winter months, and 6:30 a.m. to 3:00 p.m., Monday through Friday during the summer months. Any hours
worked other than the regularly scheduled hours are considered "emergency call-out" hours, and will be only at
the direction of the Contract Administrator.
Emergency call out hours may he necessary in the case of downed trees, storm debris in right-of-ways, or any
condition endangering the safety of the public. The Contractor must respond to an emergency call-out within one
(1)hour. Hours worked on an emergency basis will be logged in the same way as regular hours, and will be
indicated on the Contractor's invoice as "emergency call-out hours".
Except in the case of an emergency call out, there will be no work scheduled on days that the City is closed for
holidays: New Year's Day, Martin Luther king Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial
Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve,
Christmas Day.
It is anticipated there will be sufficient workload to use the approximate 320 labor hours available per month(2-
man crew, 8 hrs per day, 5 days per week). However, there may be occasions when the City determines there is
inadequate workload and may choose to require the crew to work less than eight hours per day. The hourly rate
includes the cost of equipment, insurance, uniforms or any other costs associated with this work.
EXHIBIT "D"
FSM76�aie 4.2en41% TO CONTRACT SERVICES AGREEMENT
�:o9rovw
16
NOTICE INVITING BIDS
IFB 99-04 - Roadside Maintenance
DATED SEPTEMBER 11 1998
FOR PROVIDING ROADSIDE MAINTENANCE OF SPECIFIED CITY STREETS
AND RIGHT-OF-WAYS LOCATED IN THE CITY OF PALM SPRINGS,
CALIFORNIA
THIS NOTICE INVITING BIDS CONSISTS OF THE FOLLOWING: PAGE
COVERSHEET............................................................................ 1
NOTICE INVITING BIDS............................................................... 2
BIDDER'S CHECK LIST................................................................ 3
TERMS & CONDITIONS................................................................ 4
SCOPE OF WORK & SPECIAL, CONDITIONS.....................................5-6&7
BID PROPOSAL PAGE 7 MUST BE MANUALLY SIGNED..................... 8
AFFIDAVIT OF NON-COLLUSION.................................................. 9
INFORMATION REQUIRED OF BIDDER........................................... 10&11
WORKER'S COMPENSATION CERTIFICATE..................................... 12
BIDBOND.................................................................................. 13
LIST AND MAPS OF DESIGNATED STREETS & RIGHT-OF-WAYS........ Exh. A
SAMPLE CONTRACT SERVICES AGREEMENT................................. Exh. B
NO RESPONSIBILITY WILL ATTACH TO ANY OFFICER FOR THE
PREMATURE OPENING OF, OR THE FAILURE TO OPEN A BID NOT
PROPERLY ADDRESSED AND IDENTIFIED.
City of Pahn Springs
Procurement Division
STREET ADDRESS: 3200 Tahquitz Canyon Way
PALM SPRINGS, CA 92262
DATE DUE: October 13, 1998
TIME DUE: 2:00 p.m.
BIDDER'S NAME: Desert Janitor Company
ADDRESS: 100 S. Sunrise Way 4310 Palm Springs , Ca. 92262
TELEPHONE/FAX: 760-320-264/3 Fax. 760-323-5411
TERMS:
SIGNATURE:
1
CITY OF PALM SPRINGS, CALIFORNIA
NOTICE INVITING BIDS
Inviitation for Bid (IFB) 99-04
NOTICE IS HEREBY GIVEN that the City of Palm Springs, California, is soliciting
bids from qualified firms to
Provide roadside maintenance on six assigned street routes located within
the City by policing and litter pick-up to remove paper, glass, trash,
undesirable material, vegetation, and other accumulated debris from City
streets and right-of-ways, from centerline of road to 10 feet off of road
edge in both directions.
Bids will be received until 2:00 p.m., October 13, 1998, at the office of the
Procurement Manager, '3200 Tahquitz Canyon Way, Palm Springs, CA, 92262, at
which time they will be publicly opened and read in the Procurement Office. Said Bids
will be referred to the City Council for consideration.
No Bid will be considered unless it is made on forms supplied by the City.
Complete specifications may be purchased at a cost of five dollars per set from the
Engineering Division, 3200 Tahquitz Canyon Way, Palm Springs, CA 92262.
Specifications may be mailed at no additional charge.
The City of Palm Springs reserves the right to reject any or all Bids and to waive any
informality or technical defect in a Bid.
Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the
amount of ten percent of the total "per month" bid in Schedule "A".
It is the responsibility of the Bidder to see that any Bid sent through the mail shall have
sufficient time to be received by the Procurement Office prior to Bid opening time.
Late Bids will be returned to the Bidder unopened. Mailing address: City of Palm
Springs, Office of Procurement Manager, P.O. Box 2743, Palm Springs, CA, 92263-
2743.
The receiving time in the Procurement Office will be the governing time for
acceptability of Bids. Telegraphic and telephonic Bids will not be accepted.
_ '49
DAVID J. BARAKIAN
City Engineer
DATE:
PUBLISHED:
41 2
BIDDER'S CHECK LIST
INSTRUCTIONS TO BIDDER
I GENERAL
Bidders are advised that notwithstanding any instructions or inferences
elsewhere in this Notice Inviting Bids only the documents shown and detailed on
this sheet need be submitted with and made part of their Bid. Other documents
may be required to be submitted after bid time, but prior to award. Bidders are
hereby advised that failure to submit the documents shown and detailed on this
sheet MAY RENDER THE BID NON-RESPONSIVE.
II REQUIRED DOCUMENTS FOR BID:
Bids MAY NOT BE CONSIDERED if the following documents and/or
attachments are not completely filled out and submitted with the Bid.
NOTE: ONLY THOSE ITEMS MARKED BY AN "X" ARE REQUIRED.
_X_ Cover page, Notice Inviting Bids, must be manually signed.
_X_Bid Proposal, Page 8, must be manually signed.
_X__Erasures or other changes made to the Bid Proposal page must be
initialed by the person signing the bid.
Two identical sets of descriptive literature, brochures and/or data must
accompany the Bid where specifically requested or when in support of an
.or equal" offer.
_X Affidavit of Non-Collusion by Contractor form, Page 9, must be
notarized, and signed by a Notary Public.
_X_Information Required of Bidders, Pages 10, and 11 must be completed.
_X All Addenda issued shall be acknowledged in the space provided on the
Bid Proposal page or by manually signing the Addenda sheet and
submitting it prior to the bid opening.
_X Bid Bond, Certified Check, Cashier's Check, Money Order or cash shall
be submitted with the Bid in the amounts indicated.
Other
3
• s
CITY OF PALM SPRINGS
TERMS AND CONDITIONS
IFB 99-04 - Roadside Maintenance
1. Bids must be submitted on Bid forms supplied by the Procurement Office in a sealed envelope
showing on the outside the name of the Bidder, Bid title, Bid call number and date of opening.
2. Bids submitted may be withdrawn by written request received before the hour set for the
opening. After that time, Bids may not be withdrawn by the Bidder for a period of 60 days and
at no time after award of Bid.
3. The City of Palm Springs reserves the right to reject the Bid of any Bidder who previously failed
to perform properly, or complete on time, agreements of similar nature, or to reject the Bid of a
Bidder who is not in a position to perform such an agreement satisfactorily.
4. The City of Palm springs reserves the right to reject any or all Bids and to waive any informality
or technical defect in a Bid.
5. Submission of a signed Bid will be interpreted to mean that Bidder has hereby agreed to all the
terms and conditions set forth in all of the sheets which make up this Notice Inviting Bids.
6. When discrepancies occur between unit prices and extended amounts the unit prices shall
govern.
7. Bidder will be required to file an affidavit of Non-Collusion with their Bid. This shall be signed
and sworn before a Notary Public with a commission in the State of California.
8. Successfid Bidder will be required to be licensed in accordance with the Palm Springs Municipal
Code, Chapter 3.40 through 3.96 entitled Business Tax.
9. The decision of the Palm Springs City Council will be final.
10. Bidder must return entire original Bid document with his Bid.
it. Any questions pertaining to this Notice Inviting Bids should be directed to:
David J. Barakian
City Engineer
Department of Transportation
P.O. Box 2743
Palm Springs, CA 92263-2743
(760) 323-8253
12. It is understood that the services offered by the Bidder will meet all requirements of the
specifications in this Notice unless deviations therefrom are clearly indicated in an attachment
titled "Exceptions to Specifications" submitted and signed by Bidder's authorized representative.
In order for the Bid to be considered, an explanation must be made for each item in which an
exception is taken, giving in detail the extent of the exception and the reason for which it is
taken.
4
i •
SCOPE OF WORK
SPECIAL CONDITIONS
IFB - 99-04 - Roadside Maintenance
1. BASIC FUNCTION: Under the direction of the Contract Administrator or his designee,
remove debris and vegetation From specified City streets and right-of-ways.
2. SCOPE OF WORK: Maintain six (6)assigned street routes (Exhibit `A" attached) located
within the City of Palm Springs by policing and litter pick-up to remove paper, glass, trash,
undesirable materials, vegetation, and other accumulated debris from City streets and right-of-
ways; from centerline of road to 10 feet off of road edge in both directions. All routes should
be completed once during each five(5)day work week.
Perform a City-wide palm frond route when directed by the Contract Administrator or his
designee.
During normal work hours, respond within thirty(30) minutes to radio, pager, or telephone
requests from the City's Street maintenance staff to remove debris or vegetation that is located in
the streets or right-of-ways from events such as traffic accidents, illegal dumping, paint, diesel
and oil spills, downed trees, vegetation, and rain and wind storms. The Contractor must be
prepared to respond to changing work assignments. An example is: being pulled off of an
assigned route to respond to a request by the Contract Administrator, or his designee, to pick up
an abandoned mattress or appliance, etc., and then immediately return to the previous
assignment. Contractor shall submit "Call Out" list to Contract Administrator or his designee
showing sufficient numbers of personnel such that contact is available 24 hours a day, seven
days a week.
Contractor shall maintain a log sheet of daily activities and hours worked that is turned into the
City's Street Supervisor at the end of the work shift(log sheet will be provided by the Contract
Administrator). Contractor to provide phone number, pager number for all personnel on "Call
Out" list.
3. WORK HOURS: Regular work hours consist of 7:00 a.m. to 3:30 p.m., Monday through
Friday during the winter months, and 6:30 a.m. to 3:00 p.m., Monday through Friday during
the summer months. Any hours worked other than the regularly scheduled hours are considered
"emergency call-out" hours, and will be only at the direction of the Contract Administrator.
Emergency call out hours may be necessary in the case of downed trees, storm debris in right-
of-ways, or any condition endangering the safety of the public. The Contractor must respond to
an emergency call-out within one(1)hour. Hours worked on an emergency basis will be logged
in the same way as regular hours, and will be indicated on the Contractor's invoice as
"emergency call-out hours".
Except in the case of an emergency call out, there will be no work scheduled on days that the
City is closed for holidays: New Year's Day, Martin Luther King Jr. Day, Lincoln's Birthday,
Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day.
It is anticipated there will be sufficient workload to use the approximate 320 labor hours
available per month (2-man crew, 8 Ins per day, 5 days per week). However, there may be
occasions when the City determines there is inadequate workload and may choose to require the
crew to work less than eight hours per day. Therefore, it is imperative that the Contractor's bid
proposal be on an hourly basis. The hourly rate must include the cost of equipment, insurance,
uniforms or any other costs associated with this work. The Contractor will bill the City monthly
5
using the number of hours worked as the basis for payment. Individuals assigned to this
program will, in addition to daily log sheets, be required to record hours worked on a daily
basis at the direction of the Contract Administrator.
4. PERSONNEL: Roadside Maintenance Crew shall consist of two-person crew, both capable of
lifting up to 100 Ibs in weight. The lead worker of each crew must be able to understand, read,
and write English, possess an appropriate valid California Driver's License, and have knowledge
of how to use the equipment listed below. One of the crew members will be designated as a lead
worker and will be the primary point of contact to receive and implement instructions. Within
60 days of contract implementation a minimum of one individual member of the crew on duty
must possess a certificate of training in Work Zone Traffic Control. The certificate must be
issued by he International Municipal Signal Association, the University of California Institute of
Transportation Studies or an equivalent training program approved by the City. The Contractor
will be responsible for any cost associated with Traffic Control Certification. To provide for
continuity, rotation of individuals assigned to this program must be held to a minimum.
The City may, at its sole discretion, direct or allow the Contractor to use a single person to
provide the required services. Such work, when authorized by the City, will be governed by the
rates proposed in Schedule "B" (or in the case of an emergency, by Bid Schedule "C"). Except
when directed otherwise, the Contractor will be required to provide a 2-man crew.
5. MINIMUM EQUIPMENT NEEDED: A four-wheel drive vehicle equipped with a flashing
sign(FAS), and caution light. Vehicle must have a hauling bed or pull trailer with a capacity
no less than 10 feet long, five feet wide, with side boards at least five feet high. Anticipated
mileage is in excess of 2,000 miles per month.
Small hand tools, such as clippers, hand saws, chainsaw, rakes, brooms, shovels, pitch forks,
weedeaters, and safety equipment, are required.
Radio will be provided by the City. Contractor will be held responsible for loss and/or damage
of equipment provided by the City.
6. WASTE DISPOSAL: The City will be responsible for the disposal of waste material collected
by the Contractor and no fee should be included in the bid for dump fees. The Contractor will
be responsible for sorting of material into the proper bins provided at the City Corporate Yard,
located at 425 North Civic Drive, Palm Springs. Should the Contractor fail to dump the
collected materials into the proper bins, Contractor will be responsible for payment of dump fees
for the contaminated bin and repeat offenses could result in the Contractor becoming responsible
for his own disposal arrangements, or termination of the Contract.
7. LICENSE REQUIREMENT: Contractor will be required to have a City Business License.
8. TERM OF CONTRACT: The:term of this Contract will be two (2) years from date of award,
with two (2) one year renewal options upon mutual consent of the City and the Contractor.
9. AWARD OF BID: The bid will be awarded to the lowest responsive and responsible bidder
based on the hourly rate for a 2-man crew(Bid Schedule "A").
Each Schedule, the Information Required of Bidders form, and the Worker's Compensation
Certificate, must be filled out in their entirety.
Responsibility of a bidder will be determined by the City based on each bidders experience and
references. The City will be the sole judge with respect to the responsiveness and responsibility
of each bidder.
6
10. CONTRACT SERVICES AGREEMENT: The successful bidder will be required to sign a
Contract Services Agreement in a form acceptable to the City. A sample of such an Agreement
is attached as Exhibit `B" herein.
7
BID PROPOSAL
FOR
IFB 99-04 - ROADSIDE MAINTENANCE
Responding to Notice Inviting Bids for providing roadside maintenance for assigned street routes located
within the City of Palm Springs, dated September 11, 1998, the undersigned bidder proposes and agrees
to provide the services and wort: in accordance with the specifications. I/We will accept as full payment
therefore the following amount.
SCHEDULE "A": Rate per hour for 2-man crew consisting of Lead Worker and Worker and including
the cost of equipment, insurance, uniforms and any other associated costs:
2-MAN CREW....................................................................$-22 r1 ER HOUR
2-MAN CREW EXTENSION$/HR X 160 HRS PER MO................$3 7 0 2- +9R MONTH
SCHEDULE "B": Rate per hour for Lead Worker and Worker including cost of equipment, insurance,
uniforms and any other associated costs:
LEAD WORKER..................................................................$ 12. 6 E'ER HOUR
WORKER...........................................................................$ 10 . 4-/PER HOUR
SCHEDULE "C": EMERGENCY CALL OUT RATES for Lead Worker and Worker including cost of
equipment, insurance, uniforms, and any other associated costs:
2-MAN CREW......................................................................$30 . 50PER HOUR
LEAD WORKER..................................................................$ 16 . 92PER HOUR
WORKER.............. ............................................................$_1 3 . 58PER HOUR
It is understood and agreed that.this Bid may not be withdrawn until sixty (60) days from the date of the
opening thereof, and at no time after award of Bid. Prices to remain firm for initial contract period of 2
years.
Addendum No. 1 is/are hereby acknowledged.
Deser J itor CompcLnv 100 S. Sunrisp Way #310
NAME BI F)2(PERSON, M, C RP.) ADDRESS (STREET AND P.O. IF APPLICABLE
Palm Springs , ('a - 92262
SIGNAT/19RE OF PERSON A THORIZED TO CITY, STATE, ZIP CODE
SIGN T IS PROPOSAL
President 760-32n-2643 Fax 760-393-5411
TITLE TELEPHONE AND FAX NUMBERS
8
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
State of California I
I ss.
County of ya?c d� 1
�eC_ U-')9 being first duly sworn, deposes and says that he or she is
/ 'qn-d of ,D-eser� J ;�v� Cv p r the party making the
foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the Bid is genuine and not
collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder
to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any Bidder or anyone else! to put in a sham Bid, or that anyone shall refrain from
bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or
to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to
secure any advantage against the public body awarding the Contract of anyone interested in the
proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder
has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee
to any corporation, partnership, company, association, organization, bid depository, or to any
member or agent thereof, to effectuate a collusive or sham Bid.
Bidder
By
Title esident
Organization Desert Company Company
Address 100S Sunrise Way #310
Palm Springs , ca. 92262 '
p mac" ccMMlsslol�
01121oriE'iCs76Jnia
0�
RIVE '0
S P 9VCRSIDE COUNTY
9 My Commission Expires ry.
^ ✓
NOV.
NOv. fi, �398 IS
-aav:-'-- 9 ..vcM1
• •
BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to
be non-responsive and may cause its rejection.
1. BIDDER/CONTRACTOR'S Name and Street Address:
DpcPrl Tani i-nr ( ompa,ny
IOQ c_ ce,ll,rise WM7 #310
Palm Springs , Ca 92262
2. CONTRACTOR'S Telephone Number: ( 760 )329-2643
3. CONTRACTOR'S License: Primary Classification Janitorial
State License Number(s) None
Supplemental License Classifications # 88577
4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety Tnl and 411rQty
Address 8303 Magnolia Ave.
Riverside, Ca. 92504
Surety Company Agent The Jorden Company
Telephone Numbers: Agent ( 909 ) 888-2231 Surety ( 909 ) 343-7100
5. Type of Firm (Individual, Partnershipaor Corporation): Individual
6. Corporation organized under the laws of the State of: —0-
7. List the names and addresses of the principal members of the firm or names and titles of the
principal officers of the corporation or firm:
.Tnhn P_ T.anris PrPsi dent
10
BIDDER'S GENERAL INFORMATION (Continued)
8. Number of years experience as a contractor in this specific type of construction work:
9. List at least three related projects completed to date:
a. Owner Cty. La Quinta Address 78-495 Calle Tampico
Project All City Bldg. Date Completed —Open
Contact Person Bill Gates Telephone number 760-777-7000
b. Owner Imperial IrrigaticAddress 81-600 Avenue 58
Project Total Complex Date Completed Open
Contact Person Tom Kirk Telephone number 760-398-5811
c. Owner P.S. Aerial Tram Address Tram Way Road
Project Total Comllalex Date Completed Open
Contact PersonKen Eisley Telephone number 760-325-1391
10. List the name and title of the person who will supervise full-time the proposed work for your
firm: John F. Lands President
11. Is full-time supervisor an employee Yes contract services rTn
12. A financial statement or other information and references sufficiently comprehensive to
permit an appraisal of your current financial condition may be required by the Engineer.
11
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED BY SECTION 1861
OF THE CALIFORNIA LABOR CODE)
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for worker's compensation or to undertake self-insurance in
accordance with the provisions of Ihat code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Contractor:r any
By:
Title:— pram rlant
12
October 1, 1998
This is to acknowledge that the Division of Procurement of the City of Palm Springs has
in its possession a bid bond in the amount of$5,000.00 from Desert Janitor Company, to
be applied to the Roadside Maintenance Bid, IFB 99-04, which closed October 13, 1998.
'�
Harold E. Good, CPPO
Procurement Manager
l3
r
BID BOND
KNOW ALL MEN BY THESE PRESENTS,
That as Principal, and
as Surety, are held and firmly bound unto The
City of Palm Springs, hereinafter called the "City" in the sum of
dollars
(not less than 10 percent of the total amount of the bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the
Bid Schedule(s) of the City's Contract Documents entitled:
ROADSIDE: MAINTENANCE - IFB 99-04
NOW THEREFORE, it said Principal is awarded a Contract by said City, and within the time and in
the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a
written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the
required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond,
then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the
event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs
incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this day of ,19
(SEAL) (SEAL)
(SEAL) (SEAL)
(Principal) (Surety)
By: _ By:
(Signature) (Signature)
(NOTARIZE) (NOTARIZE)
13 _..
ROUTE 2
Palm C- n Dr Vista Chino Gene Autry Trl
Gateway r Hwy 111 Las Vegas Rd
Las Vegas Rd Indian Canyon Dr Gateway Dr
Tramview Rd Indian Canyon Dr West End
Racquet Club Rd Hermosa Rd & Bike Path Sunrise Wy
ROUTE 3
Vista Chino Gene Autry Whitewater Wash
E1 Mirador Ave Caballeros Sunrise Wy
Tachevah Dr Ave Caballeros Sunrise Wy
Amado Rd Calle E1 Segundo Sunrise Wy
Baristo Rd E1 Cielo Farrell Dr
ROUTE 4
La Mirada At Sunny Dunes Rd
Ramon Rd La Mirada Belardo Rd
Crossley Rd Ramon Rd Avenue 34
E1 Cielo Rd Escoba Rd & Bike Path Sunny Dunes Rd
Ramon Rd El Cielo (including Medians) San Luis Rey
Ramon Rd San Luis Rey (So. Side only) Ramon Bridge
Mesquite Rd Vella Rd Dhi h Shore Bridge
San Luis Rey Mesquite Rd Ramon Rd
SunnyDunes Rd Gene Autry Trl Crossley Rd
SkyPoint Crossley Rd San Luis Rey
SkyPoint Ramon Rd SkyPoint
Camino Parocella San Luis Rey Gene Autry Trl
Indian Springs Crossley Rd Rio Blanco
Rio Blanco Indian Springs San Luis Rey
Public Rd SunnyDunes Rd Camno Parocella
Vella Rd (W. Side only) SunnyDunes Rd Mesquite Rd
ROUTE 5 1
S. Palm Canyon Dr E. Palm Canyon Dr South End
Belardo Rd Alejo Rd Sunny Dunes Rd
SunnyDunes Rd S. Palm Cnyn Dr Belardo Rd
Alejo Rd Palm Springs Airport Vine Rd
Mesquite Av S. Palm'-Cnyn Dr West End
Bogert Trl S. Palm!Canyon Dr bogertTrl.Brdg
LaVerne Wy Camino Real (South side) CallePaloFierro
ROUTE 6
Farrell Dr Tamarisk Rd Vista Chino
Sunrise Wy North End Vista Chino
Ave Caballeros Racquet Club Road Via Escuela
Ave Caballeros Alejo Rd Saturnino Rd
Calle Encilia Alejo Rd Ramon Rd
Calle E1 Segundo Alejo Rd Ramon Rd
ROUTE 8
Indian Canyon Dr Vista Chino Interstate 10
Indian Canyon Dr(W.Side only) Interstate 10 18th Ave
Garnet Rd. East End _ W.City Limits
20th Avenue W.City Limits Indian Cnyn Dr
Dillon Rd Melissa Ln Diablo Rd
Tipton Rd Hwy 111 Interstate 10
Wendy Rd Tipton Rd North End
Salvia Rd West End East End
Gene Autry Trl(Palm Dr.) interstate 10 Vista Chino
Executive Dr Vista Chino Via Escuela
Via Escuela - Executive Dr (North side) Whitewater Club
Palm Frond Route
To be completed as instructed by Supervisor; usually following adverse weat
conditions (i.e.) wind, rain, etc.
Palm Cnyn Dr Gateway Farrell Dr
Indian Cnyn Dr Vista Chino Ramon Rd
Tahquitz Cnyn Wy Palm Cnyn Dr El Cielo
Cerritos Dr Ramon Rd Cmno Parocella
Camono Parocella Cerritos Dr Sunrise Wy
Frontage Rd Camino Parocella Cerritos Dr
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CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
THIS CONTRACT SERVICES AGREEMENT(herein"Agreement'),is made and entered into this
day of 19,by and between the CITY OF PALM SPRINGS, a municipal corporation,
(herein"City")and (herein"Contractor"). (The term Contractor includes professionals
performing in a consulting capacity.) The parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the
Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which services may be referred to herein as the "services" or "work"
hereunder. As a material inducement to the Carty entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class wort:and services and Contractor is experienced in performing the work
and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder and that all
materials will be of good quality,fit for the purpose intended. For purposes of this Agreement, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or more first-class firms
perforating 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 Contractor's risk until written instructions are received from the
Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the
Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans,
EXHIBIT "B" - 1 OF 14
SAMPLE - CONTRACT SERVICES AGREEMENT
FS22761099999-3000MWM4.2 6/14/96
RevisM:09/01/99 1
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 Responsibiliities 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
$25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by
the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City
Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services
specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges
that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which
are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit"B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions
of this Agreement, the provisions of Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall
be compensated in accordance with the"Schedule of Compensation" attached hereto as Exhibit"C" and incorporated
herein by this reference, but not exceeding the maximum contract amount of
($ ) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation
may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of
completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in
the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified
in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs,telephone expense,transportation expense approved by the Contract Officer in advance, and
no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be
entitled to any additional compensation for attending said meetings.
2.2 Method of Payment. Unless some other method of payment is specified in the Schedule
of Compensation,in any month in which Contractor wishes to receive payment, no later than the first(1st)working
day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an
invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay
Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the
last working day of the month.
FSM76/099999-30002I606B4.2 6114M
R.i,M WM1/99 2
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. 'lime 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:
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing
principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals
shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting
sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing
principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the
City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed
of the progress of the performance of the services and the Contractor shall refer any decisions which must be made
by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall
mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on
behalf of the City required hereunder to carry out the terms of this Agreement.
F=76/099M-3MM60684.2 6/14/96
Revised:09/01/98 3
4.3 ProhibitionAgainst:iubcontractingorAssi¢nment. 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. 'Be 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 m 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:
(a) Comnrehensive; 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 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
FSM761099999-30002160664.2 6/141%
RQVLS 09101M 4
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) 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 shall contain the following "cancellation" notice:
"CANCELLATION: Should any of the above described policies be cancelled before the expiration date
thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named
herein."
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way
the extent to which the Contractor may be held responsible for the payment of damages to any persons or property
resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is
otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this
Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain
the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1.
5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and
employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims,
damages to persons or property, losses, costs, penalties,obligations,errors, omissions or liabilities,(herein "claims
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 m 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:
FS22761099999d0002160694.2 6/14/96
Revises:09101198 5
i M
(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 parry 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 suns 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
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
FS 7/6M9999-M/2160694.2 6/14196
RcA.d 09/01/93 6
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 parry shall
continue performing its obligations hereunder so long as the injuring party commences to cure such default within
ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after
service of the notice, or such longer period as may be permitted by the injured party; provided that if the default
is an immediate danger to the health, safety and general welfare, such immediate action may be necessary.
Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for
cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action
in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right
to terminate this Agreement without cause pursuant to Section 7.8.
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.
FSM76/099999-301p/21GI6842 W14M
ReAi d 0910VW 7
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
($ )liquidated damages for each working day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The
City may withhold from any monies payable on account of services 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
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.
F52 06/09 9 99 9-M216024.2 6114/96
Revised 09/01/98 8
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-DISCRIMINATION
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 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 parry desires or is required to give to the other parry 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 parry
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.
FSM761099999-woonibaesa.2 W14/96
Revisal WHIM 9
• •
9.4 Severability. In the event that any one or more of the phrases, sentences, clauses,
paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as
severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so
material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement
meaningless.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first
written above.
CITY OF PALM SPRINGS,
ATTEST: a municipal corporation
By:
City Clerk City Manager
(Check one: _Individual_ Partnership
APPROVED AS TO FORM: _Corporation)
CONTRACTOR:
City Attorney
(NOTARIZED) By:
Signature
Print Name &Title
(NOTARIZED) By:
Signature
Print Name & Title
Mailing Address:
(Corporations require two signatures: One from each of the
following: A. Chairman of Board,President,any Vice President:
AND B. Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer,or Chief Financial Officer).
(END OF SIGNATURES)
FSM76/099M 3000/2160684.2 6/14/96
Revised:09/01/98 10
EXHIBIT "C"
SCHEDULE OF COMPENSATION
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
PSM76/099979d0002160684 2 6114/96
Revised:09/01/98 13
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
EXHIBIT "D"
TO CONTRACT SERVICES AGREEMENT
FS2276/0999 -3"2160684.2 6/14/96
Re,i,M 09/01/98 14
ACORDERTIf[CAS � F LIBILTII INSURA : DATE(MM/DD YY
03/03/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE JORDAN COMPANY /� r"J""k/. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
1325 AUTO PLAZA DRIVE #140 COMPANIES AFFORDING COVERAGE
POST OFFICE BOX 5276 COMPANY
SAN BERNARDINO, CA 92412-�,276/" A Golden Eagle Insurance Corporation
INSURED
COMPANY
Desert Janitor Company, a B
division of Lands Maintenance COMPANY
100 South Sunrise Way, Suite 310 Q Agent : Darlene Johnson, CPCU
Palm Springs, CA 92262 COMPANY
760/320-2643 D (909) 888-2231, FAX 889-3428
CQVERAGES .
THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPEOFINSURANCE POLICYNUMBER POLICYEFFECTIVE POLICY EXPIRATION
LTR DATE(MM/DDNY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE $ 2, 0 0 0 , 00 O
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 1, 000 , 000
CLAIMS MADE FRI OCCUR PERSONAL&ADV INJURY $ 1, 000 , 000
A OWNERS&CONTRACTOR'S PROT CCP 57 92 43-00 9/01/98 9/01/99 EACH OCCURRENCE $ 1, 000 , 000
FIRE DAMAGE(Any one fire) $ 50 , 000
MED EXP(Any one person)
AUTOMOBILE LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT $ 1, 000 0 0 0
ALL OWNED AUTOS
BODILY INJURY S
X SCHEDULED AUTOS (Per person)
A X Hweonuras CCP 57 92 43-00 9/01/98 9/01/99 BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT §
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND - - - - X WCSTAIIU- -OTH-' - -
EMPLOYERS'LIABILITY TORY LIMITS E I
EL EACH ACCIDENT Is 1, 000 , 000
A THE PROPRIETOR/ INCL NWC 54 59 05-00 9/01/98 9/01/99 EL DISEASE-POLICY LIMIT $ 1, 000 000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL I EL DISEASE-EA EMPLOYEE S 1, 0 0 0 , 0 0 0
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Re : Services
*Additional Insured for General Liability per form GECG953 on reverse.
**30 Days EXCEPT 10 Da s for Non-Pa ment of Premium
CF 'I'IFIG�1T�tt3L,Ci��i ' ' ;,, ;.: GAN��tlk'I'I�N: '•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
**DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
*City of Palm Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: City Clerk OF,- ANY XIND UPON E OMPANY, ITS AGENTS OR REPRESENTATIVES.
;gCi3.ftq��SP:o61.?s.9..t5S Offic; .e, BOX 2743 AU
;r: Oy I �E PRExrnrfv
-2743Palm S rin CA 92263
Ht111:'£iitTJ'GUFTF?S?EillT.lf?i#1:9&�
REC438
ACORDM CERTIFIC,i OF LIABILITY INSU NCE DATE(MM/DD/YY)
09/18/2001
PRODUCER (949)472-6560 FAX (9A9)588-8348 ONLY AND CONFERS NO RIGHTS ON THE CERTIFICATE
California Southwestern HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Insurance Agency/Li c.# 0443354 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
15520 Rockfield Blvd, Suite B INSURERS AFFORDING COVERAGE
Irvine, CA 92618
INSURED Desert Janitor Company INSURER A. Sequoia Insurance Company
100 S Sunrise Way INSURER Indemnity Ins. Co of N.A. \
Palm Springs, CA 92262 INSURER ti
INSURER Ur
INSURER E. y'y G.' REG
`�
COVERAGES 61
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTW G
ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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.
LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY CMP114709 09/01/2001 09/01/2002 EACH OCCURRENCE $ 1,000,00
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyanefire) $ 50,00
CLAIMS MADE [K] OCCUR MED EXP(Any one person) $ 1,000
A PERSONAL BADVINJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $ 2,000,00
X POLICY F PRO LOC
ECT
AUTOMOBILE LIABILITY MP114709 09/01/2001 09/01/2002 COMBINED SINGLE LIMIT
(Ea aCodent) $
ANY AUTO 1,000,000
ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (Per person) $
A X HIRED AUTOS
BODILY INJURY $
X NON-OWNEDAUTOS (Peraccidenl)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGO $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE $
RETENTION $ S
WORKERS COMPENSATION AND WC013221 09/01/2001 09/01/2002 TORY AIMl
ITS ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $ 1,000,OO
B EL DISEASE-EA EMPLOYE $ 1,000,00
E.L.DISEASE-POLICY LIMIT 1 $ 1,000,00
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
ertificate holder is hereby named as additional insured with respect to general liability only
er form CPP-30
'10 day notice of cancellation for non-payment
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
*30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Palm Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
P.O. Box 2743 OFANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Palm Springs, CA 92262 AUTHORIZ REPRE ATVE
'/ l3�