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03924 - TKD ASSOC LANDSCAPE BIKEWAY MO 6116
PALM Sp o� City of Palm Springs Office of the City Clerk (760) 323-8205 ' C,ILIFOIR MEMORANDUM Date: / 7— 4— To: t�yy ")w d pe J From: City Clerk AGREEMENT # l i�%� j•� �i � c —''7 Please let us know the status of the above agreement, and if it may be closed. STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials CLOSE AGR �iG� Signature r T.K.D. Associates, Inc. • . Landscape Architect Services Heritage Trail Bikeway Project AGREEMENT #3924 M06116, 3-18-98 CONTRACT SERVICES AGREEMENT - LANDSCAPE ARCHITECT SERVICES Heritage Trail Bikeway Project THISCONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this � day of L-/16LIZ , 1998 by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and T.K.D. ASSOCIATES, INC. (herein "Contractor"). 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. 1.2 Contractor's Proposal. The Scope of Services 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, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of five percent (5%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less 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 $22,200 (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 Page 2 meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 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 deterinnination 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 Page 3 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: Thomas K. Doczi, ASLA TKD Associates, Inc. 2121 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 Ph: (760) 320-8899 Fax: (760) 327-8575 It is expressly understood that the: experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to ender 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. 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 Page 4 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. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either (i) a combined single limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per occurrence and $500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of $1,000,000.00 for bodily injury, death and property damage or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of$500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, 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 Page 5 evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any 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 Page 6 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 Suretv. 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 Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk 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 Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to quch 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 Page 7 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. 7.3 Retention of Fund_ 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 Page 8 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 Zero Dollars ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services 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. 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 of termination without cause pursuant to this Section, the terminating party need not provide 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 setoff or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. It' 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, Page 9 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 8A 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 party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. Page 10 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections comained 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 arty provision of any other Agreement to which said party is bound. Page 11 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF a m icipal corporation By'> By: City Clerk City Mana r APPROVED AS TO FORM: City Attorney CONTRACTOR: By: Name: Thom a K. Doczi ASL Title: Landscape Architect TKD Associates, Inc. A2)9,A / 2121 E. Tahquitz Canyon Way, Ste. 1 Palm Springs, CA 92262 Ph: (760) 320-8899 Fax: (760) 327-8575 Page 12 EXHIBIT 'A' SCOPE OF SERVICES Contractor to provide full range of landscape architect services necessary to complete the architectural design for the Heritage Trail Bikeway Project on Belardo Road and other roadways in downtown Palm Springs. This project is funded by a federal Intermodal Surface Transportation Efficiency Act (ISTEA) grant under the Transportation Enhancement Activities (TEA) Program administered by Caltrans. For Scope, see attached TKD Associates Proposal Exhibit "A-1" and City RFP Exhibit "A-2" and the following: Plan approval must be received from the Planning Commission, City Council and Caltrans. Obtaining these approvals is within the Scope of Services. Attachments: 1. Exhibit "A-1" TKD Methodolgy and Approach & Graphic (2 pgs) 2. Exhibit "A-2" Request for Proposals & Addendum #1 (2 pgs.) 3. Exhibit "A-3" Heritage Trail Location Maps (3 pgs.) v . ',.f:.L.kssor.iatcs,Vnc. METHODOLGY and APPROACH HERITAGE TRAIL The Heritage Trail is an opportunity to tell the story of Palm Springs through visual and interpretive icons. Our approach to the project is as follows: • Research and Develop an inventory of design elements from the various historical areas along the Heritage Trail Bikeway. • Tell the story of Palm Springs by incorporating a series of historical icons in a sequence of events to be experienced by the bike rider. • Reinforce the experience and "Story' by creating a planting theme that incorporates a transition of plant materials that reflect the neighborhoods and historical elements of Palm Springs. An example of this is to incorporate Citrus, Bougainvillea and Hibiscus from the Movie Colony at one area, while utilizing native desert plantings that may have been used by the Aqua Caliente for cooking or medicine, along different sections of the trail. • Develop a memorable experience that visitors and residents will want to return to and helps distinguishes Palm Springs as unique and a desirable community. EXHIBIT "A-1" -A I ki �L—WQ N,6 ,�`+ ; u ry y f-_, *xx yl!'Y~5,�}i % u. i ' * Y S Z to ' F�4 ,L aJ=�ak''`�1 - fj Role, for Proposals The City of Palm Springs invites proposals and statements of qualifications from landscape/ - architectural design firms and teams in regard to the conceptual design and design development phases of the Heritage Trail Bikeway project. The following specific tasks are to be included within 4. the scope of this assignment: • Preparation of a Base Map of the Project Corridor at the scale of 1"=20' with spot elevations, suitable for design as well as Heritage Trail construction document preparation (civil engineer/surveyor subcontractor required); • Color coded Illustrative Master Site Plan for The city of Palm Springs has initiated 3 the entire Project Corridor; the process of designing and developing • Landscaping, lighting street furniture and a combined off- and on-street bicycle ; signage overlay Of site plan, including trail link through its historic downtown ; photographs and outline specifications for all -Village of Palm Springs". This Heritage ; surface materials, plant materials, site Trail Bikeway will be about 1.2 miles in length, and will be contained within the i furnishings and fixtures presented in a bound north-south Palm Canyon Drive/ Belardo Design Specification format; Road/ Museum Drive rights-of-way ; . Design development package for all custom between Granvia Valmonte on the north and Ramon Road on the south. The elements, including k10sks and "trail head" courts; project development emphasis is to be Graphic design package for all Custom within the Belardo Road corridor, located directional and interpretative signage, including one block west of Palm Canyon Drive. This bikeway is to be an integral % logos, Color and font palette; element of the City-wide Bicycle Trails Architect's Estimate of Project Construction system which is being developed Cost; and throughout Palm Springs. Within downtown, this trail link will connect j Participation in up to three (3) formal eight (8) "trail head" courts located at ; presentations to City of Palm Springs Boards and historic sites and entertainment ; Commissions as requested by the Project attractions along this bikeway, including- Frances for the City. Frances Stevens Fyne Arts Academy and g Festival Park; Amado Park; The Palm ; The selected design firm or team Shall Springs Desert Museum; O'Donnell Golf accomplish the scope of work within ninety (90) Course; Pt Mercado; The village ; calendar days from authorization to proceed b Green and thehe site of the proposed Agua ; y p y Caliente Interpretative center. the City. The City will then select a civil Project development will include: on- ' engineering firm to develop the Construction and off-street bicycle trails; eight (8) "trail head" courts with decorative paving; two Document bid package. The design consultant (2) kiosks for bicycle rental concessions . will remain on an hourly retainer, as an additional and public restrooms; bicycle racks with task separate from the above, to review the CD's security features; distribution facilities for trail maps and visitor information for quality assurance and to assist City brochures; directional and interpretative Engineering Staff with construction Observation. signage; decorative lighting; themed ' Five bound (5) copies of the Proposal/ desert landscaping; and irrigation systems improvements. A unified design Qualifications Statement and one (1) separate fee theme is to be consistent with existing ! proposal in a sealed envelope need to be streetscape improvements throughout submitted to the Palm Springs Department of downtown. The total project budget for , Transportation by February 6, 1998. Any construction of the Heritage Trail Bikeway is $535,000. questions should be directed to Jerry Ogburn at 760.325.8979 or Bob Mohler at 760.323.8179. EXHIBIT "A-2" ADDENDUM #1 City I'roiect No. 93-49 Heritage Trail Bikeway Design Please attach a copy of this signed addendum with your proposal, when submitting to the City on or before Friday, February 6, 1998. ITEM ADDENDUM OR CLARIFICATION 1 . Clarification regarding page 2 of the January 15, 1998 RFP cover'letter: ' The requested limit of four (4) pages applies to the entire proposal, including the brief methodology and approach. 2. Clarification regarding preparation of base map: "Aerial photography" shall be used in the preparation of the 20-scale base map. The photography shall extend to at least 100 feet either side of centerline of street (200 feet overall width). Extra width may be required at the kiosk and trail head locations. Control crosses shall be painted along centerline at ,intervals to provide a minimum of two (2) control points per photo image for scaling purposes. The photography shall be high resolution and flown at an altitude proportionate to 5 diameters (map scale x camera focal length x 5 diameters = flight elevation). I have read the above addendum and have incorporated this information into my proposal. Signed: _, . / Dated: Name: (please t pe or print): !��/ l�/ Company or Firm: //� ✓✓f4Cr� /X/lj Note: Your proposal must include a signed copy of this addendum to be considered for selection. ROBERT L. MOHLER Transportation & Grants Manager City of Palm Springs Dated: January 28, 1998 "(1�0�11� G4�dj�1`{ II SMOOT C Frances Stevens Park Q w sl O = U � n C _.. � Amado o Q w �t N L7 ANDREAS EAST E U] E• . 1 �V! �rI L CI r ..� -Tahquitz OASIS/WEST U [Arenas� L�E Esc f�lnnl�e2•, /r Taus C ■■■a�G�h�7 t\t+t'�IG�GId Ta 1 1 ■.tam On•�r{�iax[ �it�clQ l ate -Baristo 10 ■ h ■ G r O u u U; � J\LL�C Ramon PALM SPQI�GS ,ViII LACE NEIGHBORHOODS KEY MAP � -tT iTQiN� EXHIBIT "A-3" Horitage Trail �� TRAILS TT goritago TrailIiwy �:: PALM SPRINGS Palm • '� „�!i' i ii ■ � DOWNTOWN LOOP �� ■. gnk r CITYWIDE LOOP TAHQUM CMEK LOOP Boritago Trail CRY ME WOP CITYWIDE LOOP 0 Approximate Scale @ � SEE I1C 1 f ♦ J 1"-0.61 rdile v • , 1 1 1 1 ' 1 11 111 y ", Ii.. 'YI'k�iii .:'"" -+ .'...�- it rl • 1 1 plc: t::. ,.�:, .<•.�",- .:�� � 1 "`� ,. $� � , ;c.. Y�;,�'Y �..Yi��M � 61 Y �Te.�•t. YYY' SE • 'y i-art ,.tr��•.x:Y.''�:Av +Ard_'Yiw. µ:•i�`,.y"�5�.. , .'.^. r ,.°�'C"r'.'''G�%aY:wall.a t•,>;€��'rr,=;;;'. •.i .G ; ^' '.� };Y'• / '���:�(?��+ y��`kr �t'j`' �r vt+, .�:+Y,.?:�.y•F;. .L... .'r' •`1 . .. f.� �•t ,.M_' Ii • .,w,'�,�.���, ..;K:�f ..rrfr'.,..fir,'d�',...'_�µ,` ^r>l*�••� .•'n.. �� _ t. := r Ste. w;e.t� �` � Fy� 7 'T '-� _ _ 1 ..Y1 _.rl • 11 +.� -.�4' jaei ice' _L . :i:. . :a.:..l,. • 1 . 1 •:y:��., d^s_.-,;a``:+y."'pYd;v. >�`�.,•� j tN' %Z '''6�, 1 7 4.' ..e , p :ate:, . . - •e. _, • rr I rll • 1 EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.3 Performance Bonds are hereby waived. Section 5.0 Delete paragraph (b) Worker's Compensation Insurance, as Contractor has no employees. Section 5.2 Delete paragraph indemnification, beginning on line 9: "Whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees": And then also delete: "Sole". EXHIBIT "C" SCHEDULE OF COMPENSATION Contractor shall be compensated monthly based upon the percentage of work completed in each of the following tasks: (total contract not to exceed $22,200). Work Tasks Lump Sum 1 . Aerial Photograph and Base Map $7,800 2. Color Coded Illustrative Master Site Plan 3,800 3. Landscaping, Lighting, Street Furnishing, Signage, Overlay 2,600 of Site Plan, Photographs, Outline Specifications, Cut Sheets and Design Specifications Booklet 4. Graphic Design Package 2,400 5. Project Cost Estimate 1 ,200 6. Presentations and Meetings 1 ,500 7. Project Coordination 2,900 TOTAL COST $22,200 Attachment: (EXHIBIT "C-1") 1. TKD Associates, Inc. Scope of Services & Fee Schedule (2 pgs.) I .N.C.haalnn,In". 3110/98 Heritage Park Fee page 1 SCOPE of SERVICES and FEE SCHEDULE HERITAGE TRAIL Scope of Services • Aerial Photography and Preparation of Base Map 1"=20' $7800 Spot Elevations and Control Crosses • Color Coded Illustrative Master Site Plan: $3800 • Landscaping, Lighting, Street Furnishings, Signage $2600 Overlay of Site Plan, Photographs, outline specifications Cut Sheets and Design Specifications Booklet. • Graphic Design Package: $2400 • Project Cost Estimate $1200 • Presentations and Meetings $1500 • Phase II Project Coordination (see page 2) $2900 $22200.00 Reimbursable Expenses (Cost plus 10%) Blueprints, Copies, Plotting Hourly Fos Schedule: Landscape Architect $110.00/hour Designer I 65.001hour Draftsperson Computer Time (CADD) 67.50/hour Secretarial 22.50/hour Site Observation, Supervision, Walk-through 85.00/hour I EXHIBIT "C-1" W OM Heritage Park Fee page 2 PHASE II FEE SCHEDULE HERITAGE TRAIL Scope Of Services (Total Allotted 71me 40Hrs.) • Coordinate Design Development Package with City selected consultant for preparation of Construction Documents and Bid Package. • Review Construction Documents for compliance with design intent. • Construction Observation and Field Review $2900.00 i Reimbursable Expenses (Cost plus 10%) Blueprints, Copies, Plotting Hourly Fee Schedule: Landscape Architect $110.00/hour Designer I 65.00/hour Draftsperson 42.50/hour Computer Time (CADD) 67,50/hour Secretarial 22.501hour Site Observation, Supervision, Walkthrough 85.00/hour Fee Schedule: Monthly billing based upon percentage of completion u<u�lvL vnot 1NbUKANUL I.UMIANY � lil THIS DECLARATION REPLACES DECLARATION EFFECTIVE 04/07/98 *+ . BOX 1088 CHO CORDOVA, .CA 95741-1088 1 AIDUKAS INS AGCY �Ce &-S; itiv 6 f I. PROI�REll/l/E°° 1 24 Flout, Policy Service 1-800-888-7764 '- 555 S SUNRISE WY H2O0 --^� 1 J 24 Hour Claims Service 1-800-2741-4499 PALM SPRINGS CA 92264 "Uj S C-6 Automated Billing Inquiry 1-800-999-8781 PERSONAL AUTO POLICY DECLARATIONS PAGE FOR NAMED INSURED: �2 THOMAS DOCZI 07u35 770 MEL AVE PALM SPRINGS CA 92262 � " POLICY NUMBER: k0237232 - 0 i��n i��i�u t���n n�n�'���� � gay POLICY PERIOD: 04/07/98 TO 04/07/99 T H O N A S DOCZI l"his)iolicy incepis the later of: I. the time the application for Insurance is executed on the first 770 N E L A V E day of the policy period;or 2. 12.01 a.m. on the first day of the policy period. P A L M SPRINGS CA 9 2 2 6 2 This policy shall expire at 12 01 a.m.on the last day of the policy period. The following coverages and limits apply,to each described vehicl'e'as shown below. Coverages are defined In the Policy and arc subject to the terms and conditions contained In the policy, including amendments and endorsements, No changes FIRMATION NUMBER H 103CCB232 will be effective prior to the time changes are requested. .SON FOR ISSUANCE: POLICY' CHANGE, NO CHANCE IN PREMIUM FOLLOWING CHANGES WERE REQUESTED BY TONY/AGENT ON 04/13/98 AT 01 :25 PM EST ECTIVE ON 04/07/98: CHANGED INFO - VFH 3,98 PO^SC LOSS PAYEE CHANGED . w i 1A YR MAKE - MODEL SERIAL NUMBER STATED AMT DRV# LISTED DRIVERS EXCLUDEDSR22 RATED 96 FORD EXPLORER4X4SW 1FMDU34XXTZA69952 I THOMAS DOCZI r NO NO YES 91 FORD MUSTANG I,B CV 1FACP45EUMFISS277 2 MARY WILCZAXDOCZI NO NO YES 98 PORSC BOXSTER CV WPOCA298XWUS22864 3 4 5 COVERAGES AND LIMITS OF LIABILITY PREMIUMS COVERAGE IS APPLICABLE ONLY IF A PREMIUM IS INDICATED. VIER #1 VEH #2 VEH #3 VEH N4 TOTAL SLY INJURY LIABILITY $494 $418 $408 $1,320 50,000 EACH PERSON - $500,000 EACH ACCIDENT PERTY DAMAGE LIABILITY 00,000 NO DEDUCTIBLE NSURED/UNDERINSURED MOTORIST $121 $115 $109 $345 00,000 EACH PERSON - $300,000 EACH ACCIDENT ' NSURED MOTORISTS PROPERTY DAMAGE $3,500 $9 $B $8 ' $25 ICAL PAYMENTS $1,000 EACH PERSON $29 $24 $24 $77 PREHENSIVE ACV LESS $500 DEDUCTIBLE $114 $268 $268 $650 LISION OR UPSET ACV LESS $500 DEDUCTIBLE $189 $217 $541 $947 ITIONAL COVERAGES: ING & LABOR $50 PER DISABLEMENT $300 MAX $4 $4 $8 1 I SEE REVERSE PREMIUM BY VEHICLE $960 $,1,054 $1,358 CHMENTS IDENTIFIED BY FORM NO. TOTAL POLICY PREMIUM $3,372 !dr 111,, (G�97) INSURED'S COPY PMPrOg I t07220"If 111.1 CERTIFICATE OF INSURANCE This certifies that ®STATE FARM FIOD CASUALTY COMPANY,Bloomington, Illinois [I STATE FARM GENERAL INSURANCE:COMPANY, Bloomington, Illinois insures the following policyholder for the coverages indicated below: T K D Associates, Inc. � � Name of policyholder 2121 E. Tahquitz Canyon Way ste 1 M A E, I 'a Address of policyholder Palm Springs, CA 92262 CON CLE'"16' Location of operations POLICY NUMBER TYPE OF INSURANCE (POLICY PERIOD LIMITS OF LIABILITY Effective Date Expiration Date ® Comprehensive _ 90-LA-9596-7 — 7/28/97 - -i7/28/98 BODILY INJURY General Liability _ _ __ __ .._ _______________________ ❑ Dual Limits for: ❑ Manufacturers and Each Occurrence $ _Contractors Liability______ ____'--'-_—___-___.._t__________.------'----- Aggregate $ ------------------------------- '-" - - - ---...."- ❑ Owners, Landlords, PROPERTY DAMAGE and Tenants Llability ! ----------- ----------------- "" — Each Occurrence $ This insurance includes: ❑ Products-Completed Operations Aggregate* ❑ Owners or Contractors Protective Liability BODILY INJURY AND ❑ Contractual Liability PROPERTY DAMAGE ❑ Professional Errors and Omissions ( Combined Single Limit for: 1,000,000.00 ❑ Broad Form Property Damage Each Occurrence 2,000,000.00 ❑ Broad Form Comprehensive General Liability Aggregate POLICY PERIOD CONTRACTUAL LIABILITY LIMITS(if different from above) POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date BODILY INJURY Each Occurrence PROPERTY DAMAGE Each Occurrence Aggregate EXCESS LIABILITY BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part STATUTORY ❑ Workers'Compensation Part 2 BODILY INJURY and Employers Liability Each Accident $ Disease Each Employee $ Disease-Policy Limit $ Appregtle noE.ppc.a.n 0..�«ds,ua Te is ueainy imum« e.� s'wduml enerenam,new m,v�utlon,«demoflbn. THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS,OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder ' Slpyimue N AutlMzetl flepm«n.tiw City of Palm Springs Office Manager City Clerk T�^ Attention: Patridia Sanders 3/18/98 PO Box 2743 a. , .+ATE f,,—mj IGLU BLUM13ERG Palm Springs, CA 92262 Ao nrs s AuZNT- 35325 Date Palm Drive Suite 115 Cathedral City, CA 92234 MM.io x«"I aim.d n USA. CERTIFICATE OF INSURANCE TSTATE fA t El STATE FARM On AND CASUALTY COMPANY, Bloomington,0ois IIM �NGS El STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois QR ®® ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario3 ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida � d INSURANCE © ❑ STATE FARM L ges indicated Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder T K D ASSOCIATES Address Of policyholder 2121 E TAH4UITZ CANYON WAY STE 1 Location of operations PALM SPRINGS, CA 92262 Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies, The limits of liability shown may have been reduced by any paid claims POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) 90-LA-9596-7 Comprehensive 7/28/99 7/28/00 BODILY INJURY AND Business Liability PROPERTY DAMAGE - -----'-------------------- - --'-.--- -- ---------- --------`----------------- This insurance includes: ❑ Products-Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1, 000, 000 ❑ Personal Injury ❑ Advertising Injury General Aggregate $ 2, 000,000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products-Completed $ ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease- Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder days Name and Address of Certificate Holder before cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on CITY CLERK, CITY OF PALM SPRINGS StatA Farm or Its agents or representatives. PO BOX RING /f ( Y PALM SPRINGS, CA 92263 ��,(J ry�.'�, Signature of Authorized Repr n tive OFFICE MANAGER Title Date Agent's Licanse LUMBERG,Agent 35.3 0318085 25 pate Palm Dr. Suite 108 AFO C MSe"AN06 Cathedral Clty, Cq 92234 558-994 a.3 04-19W Primed In USA. Off, (760) 328-3233 Fax(760) 328-3534 FROM' : TKb ASSOCIATES, INC. • FAX NO. : 760 327 8575 0 Sep. 13 2000 09:49AM P2 Policy Number DECLARATIONS PAGE AMENDED MAY 30 2000 90-LA 9596-7 STATE FARM GENERAL INSURANCE COMPANY" m 900 OLD RIVER RD, BAKERSFIELD CA 93311-6000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS Named Insured and Mailing Address 8661-F406 M T K D ASSOCIATES INC STE 1 2121 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262-7021 Cov A - Inflation Coverage Index. N/A BUSINESS POLICY-SPECIAL FORM 3 Cov B - Consumer Price Index: 171.2 AUTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed, automatically subject to the premiums, rul and forms in effect for each succeeding policy period. If this policy is terminated,we wi 1 give you and the Mortgagee/1Ienholder written notice in compliance witli the policy provisions or as required by law. -Rolicy Period: ' ' 12 Morths The policy period begins and ends at 2:01 am standard time at the Effective Date: JUL 28 2000 premises location. Expiration Date: JUL 28 2001 Named Insured: Corporation Your policy is amended MAY 30 2000 ADDL INSURED NAME &ADDRESS DELETED Location of Covered Premises-. STE 1 2121 TAHOUITZ CANYON WAY PALM SPRINGS CA 92262-7021 Other items shown are effective with the ollc 's 2000 renewal Coverages & Property Limits of Insurance ccupancy: Ice Section I A Buildings Excluded R Business Personal Property $ 84,500 C Loss of Income $ Actual Loss Section 11 Deductibles -Section I L Business Liability $ 1,000,000 M Medical Payments $ 5 000 $ 500 Basic Products-Completed Operations $ 2,000,000 (POO)Aggregate General Aggregate (Other $ 2,000,000 Than PCO) In case of foss "under this policy, the deduciibie will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to policy. Endorsement Premium None Forms, Options, and Endorsements Special Form 3 FP-6143 Discounts Applied: Amendatory Endorsement FE-6205 Renewal Year Tree Debris Removal FE-6451 Years in Business Policy Endorsement FE-6506.1 Sprinkler Business Policy Endorsement FE-6464 Claim Necord Protective Safeguard FE-6303 Off Premises Coverage FE-6486 Continued on Reverse Side of Page Prepared OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY JUN 01 2000 Countersigned FP-8030.2C AFQI By Agent 06/1993 HAROLD BLUMBERG Your policy consists of this page,any endorsements (760).328-3233 and the oolicv form.PLEASE KEEP THESE TOGETHER. ssoo Insurance Identification Card IFORNIA Name of I -,�nsurer: PR SO' BOX 31686ST INSURAh COMPANY PROGHEJCfY//E" IMPORTANTI NAIL P -L278041 3666 . Name Of Insured: Policy Number: AA 60237232-2 IF YOU ARE INVOLVED IN AN ACCIDENT: ' (REGARDLESS OF FAULT) THOMAS KARL DOCZI 770 MEL AVE 1. At the accident scene, detach the Accident PALM SPRINGS CA 92262 information Card and give it to the driver Original ISSue Date: 04/07/00 Expiration Date: 04/07/01 of the other vehicle. Additional Drivers: MARY WILCZAXDOCZI 2. Ask the other driver to immediately call Progressive and report the accident. Year Make/Model Vehicle Identification Number 3. Call Progressive immediately to report the 1996 FORD EXPLORER4X45W 1FM0U34XXTZA699S2 accident. 1991 FORD MUSTANG 19 CV IFACP45EUMF155277 1998 PORSC BOXSTER CV WPOCA298XWU622854 Form L6530(6-95) ACCIDENT INFORMATION CARD PHO8REfr1VF" (Give to other driver at scone of accident) Detach and keep copy of Insurance Identification FOR IMMEDIATE ASSISTANCE CALL Card with your records. 1-800-274-4499 24 HOURS A DAY, 7 DAYS A WEEK Name of Insurer: z PROGRESSIVE WEST INSURANCE COMPANY � P.O, BOX 31686 TAMPA, FL 33631-3688 m O Name of Inured: THOMAS KART. DOCZI 770 MEL AVE PALM SPRINGS CA 92262 Policy Number: AA 60237232-2 Original Issue Date: 04/07/00 Expiration Date: 04/07/01 '�— Detach Hare Fold here and put folded Accident Information and Insurance Identification Card -CALIFORNIA Insurance Identification card in the glove Name of Insurer: P90GHEII//1E compartment of your vehicle. PROGRESSIVE WEST INSURANCE COMPANY P.O. BOX 31686 TAMPA FL 33631-3896 NAIC � - 27804 Name of Insured: Policy Number: AA 60237232-2 THOMAS KARL DOCZI 770 MEL AVE PALM SPRINGS CA 92262 Original Issue Date: 04/07/00 Expiration Date: 04/07/01 Additional Drivers- MARY WILCZAXDOCZI Year Make/Model Vehicle Identification Number 1996 FORD EXPLORERJX4SW IFMDU34XXTZA69952 1991 FORD MUSTANG 18 CV IFACP45EUMP155277 1998 PORSC BOXSTER CV WPoCA298XWU622964 Fenn L8530 (8.96) PMWE02040019451-65302 Detach Here