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HomeMy WebLinkAbout03919 - TKD ASSOC VISTA CHINO BASIN MO 6113 sA City of Palm Springs O .P� h �l Office of the City Clerk (760) 323-8205 ``+crFoaN` MEMORANDUM Date: J From: City Clerk AGREEMENT# 3F(9 Please let us know the status of the above agreement, and if it may be closed. TERMINATION DATE OF AGREEMENT: STATUS: C / COMPLETED: cZ��(p/o/ REMAIN OPEN UNTIL: Date & Initials CLOSE AGR )�ignattnre • T.K.D. Associates, Inc. Landscape Design AMEND #1 AGREEMENT #3919 M06615, 5-17-00 AMENDMENT NO. 1 AGREEMENT NO. 3919, LANDSCAPE DESIGN SERVICES THIS FIRST AMENDMENT to Agreement#3919 for Contract Services, (herein "Agreement')made and entered into on the /7 day of o 2000, by and between the CITY OF PALM SPRINGS (herein "City") and TKD ASSOCIATES, INC. herein "Contractor")is hereby effective May 18, 2000, as follows: 1. Section 2.1 Contract Sum, is hereby amended by increasing the amount by $30,000 to $44,000. 2. Section 3.4 Term, is hereby amended by increasing the term "one (1) year from the date of this Amendment." 3. Exhibit "A" Scone of Services, is hereby amended by adding the following: a. For Scope, see attached TKD.Associates correspondence dated April 17, 2000, and the following: Plan approval must be received by Planning Commission and Caltrans. Approval processing is within the Scope of Work. Design shall work around existing chainlink fence on east side of Farrell. 4. Exhibit "C" Schedule of Comuensatiorn, is hereby amended by adding the following: a. Contractor shall be compensated monthly based upon the percentage of work completed in each of the following areas (total not to exceed$30,000 for work commenced May 2000): Work Area Amount Farrell Drive Design $17,600 Vista Chino Design 5,800 Subtotal 23,400 Reimbursables (cost plus 10% not to exceed) 2,000 Hourly Cost Oversight @ Hourly Rates Attached 4,600 Maximum Total $30,000 5. Exhibit "D" Schedule of Performance is hereby amended to reflect the following schedule for the work commencing May 2000: Description Completion Design Development 45 Days From Notice to Proceed Preliminary Plans 40 Days From Approval of Completed Design Construction Documents 70 Days From Planning Commission Approval of Farrell Plans Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, CALIFORNIA a municipal corporation ATTESTCity Manager City Clerk APPROVED AS TO FORM: (Check one: _Individual_Partnership orporation) ".City ttorney CONTRACTOR: (NOTARIZED) By: S'gnature f'A 4 '1 (NOTARIZED) Pratt Name &.Title e S' acute 9 / rmt Name &Title (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 Cluef Financial Officer). Mailing Address: ZZL/ �I� (,"i;�2 /`lip,%�"��; '10'4'- e ppr' ;V7-D22 BY'Iq-.F t-r[y COUM01 ✓`al'n 2 f?/7o17 Gib` �1 ii h :a o b�Pi . _Co(n 00 ��T //,n 6 f3, (END OF SIGNATURES) CALIFORNIA ALL-PURPOPACKNOWLEDGMENT State of County of d t Q P ' On zz--,�Le 2f 026 e 19 before me, ✓ v Date/ Name and TIHe fbeer(e.g.,"Jana ,Notary Public") —� i personally appeared (&Zy e. @ Names)of Signs r(s) apersonally-known-to-me--OFF— roved to me on the basis of satisfactory evil ence to be the person whose namq(-a is rrasubscribed to theme�. ithin instrument and acknowledge�d to me that he/shi,tbey'executed the same in his/hef[f,J.r_�uthorized capacity;and that by his/hQr/frieir"ignature('sy on the instrument the person sue, or the entity upon behalf of which the person(d) acted, (� ELAINE L. <VEgEKIND� executed the instrument. NOTARYp 4 COMM.#720898 �•J� "�' r RIVERSIDE COUNTY N��n WITNESS my hand and OfflClal Seal. ` oex� , COMM.EXP.FEB. r> „) -611Bnefure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document � + Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Rommet Ave,PO-Box 7184•Canoga Perl<,CA 91 309-718 4 Par.No_5007 Reorder.Call Toll-Free 1-800-876-6527 T.N.D.Associates,Inc. �� 2121 1. TAHQUITZ CANYOA WAY, SUITE 1 PALM SPRINGS,CALIFORNIA 92�62 TGLu'HONE:760 320-8899 GAx:760 327-8575 April 17, 2000 City of Palm Springs Mr. Allen F. Smoot, Assistant City Manager 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: Proposal for Farrell /Vista Chino Landscape Design Dear Mr. Smoot, Thank you for the opportunity to submit this proposal for Landscape Architectural Services. We are very pleased with how the planting on Noise Abatement Berm is maturing and the excellent maintenance of the planting. As you know the preliminary plans for Vista Chino Frontage have been completed and approved. We will have some revisions to allow for the existing sidewalk. I envision the design of the Farrell Drive frontage as a "Desert Transitional Landscape" utilizing widely spaced native plants with drip irrigation. Please find enclosed our proposal. Should you have any questions please feel free to call me. Sincerely, Thomas . Doczi, ASLA Presid nt LIC.No.2370 L A N I) P L A N N I N G L A N 1) A C A P 1, A II , II I I i ( I U It E •T.N.D.Associates,Inc. 2121 E. Tmi(2w'Ir.CANYON WAY,Sure: I PALM SPRINGS,CALIFORNIA 92262 TCI UHONe:760 320-8899 FA :760 327-8575 LANDSCAPE ARCHITECTURAL SERVICES AUTHORIZATION FORM April 17, 2000 Project Name: Farrell /Vista Chino Landscape Design Palm Springs, CA Client: Allen F. Smoot, AAE, Assistant City Manager City of Palm Springs 3200 Tahquitz Canyon Way PO Box 2743 Palm Springs, CA 92262 Our firm has been requested to perform design services in regard to your project. These services are: Scope of Services: Farrell Drove (See Exhibit A) Vista Chino (See Exhibit B) Fee: See Exhibit C Requested By: Allen F. Smoot, AAE Approved By: Date: Authorized Signature 111 No a370 L A N D P L A N N I N r. L A N n 9 C A P c A R c u I T e c 'r u R r. • • T.K.D.Associates,Inc. EXHIBIT "A" SCOPE OF SERVICES FARRELL DRIVE Design Development; Review Existing Site Conditions with Client Discuss Client Goals and Objectives Design Concept Review with Client Preliminary Plans, (All Plans will be prepared using AutoCad R14) Master Landscape Plan and Plant Palette Preliminary Landscape Construction Cost Estimate Color Presentation Plan for City Submittal T.K.D.Associates,Inc. Farrell/Vista Chino Landscapleesign • April 14, 2000 Scope of Services Page 2 Construction Documents: Planting Plan Irrigation Plan Planting Details Irrigation Details Specifications Site Observation: On-site Review of Irrigation Installation On- site Review of Plant Material Layout Preliminary Walk-through and Punch-list Final Walk-through and Punch-list • T.K.D.Associates,Inc. EXHIBIT "B" SCOPE OF SERVICES VISTA CHINO Note: Preliminary Planting Plan completed and approved. Construction Documents: Planting Plan Irrigation Plan Planting Details Irrigation Details Project specifications Site Observation: On-site Review of Irrigation Installation On- site Review of Plant Material Layout Preliminary Walk-through and Punch-list Final Walk-through and Punch-list • T.H.D.Associates,Inc. EXHIBIT "C" PROJECT FEE SCHEDULE Farrell / Vista Chino Landscape Design Farrell Drive Frontage: $17,600.00 Vista Chino: $5,800.00 TOTAL DESIGN FEE: $23,400.00 Site Observation (Hourly) Reimbursable Expenses (Cost plus 10%) Blueprints, Plotting Copies Deliverables Travel Hourly Fee Schedule: Landscape Architect $110.00/hour Designer 65.00/hour Draftsperson 42.50/hour Computer Time (CADD) 67.50/hour Secretarial 22.50/hour Fee Schedule: Monthly billing based upon percentage of completion. T.K.D. Associates, Inc. • • Landscape Design - Vista Chino Retention Basin AGREEMENT #3919 M06113, 3-4-98 CONTRACT SERVICES AGREEMENT --- _ - - LANDSCAPE DESIGN Vista Chino Retention Basin THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this V1 day of I/J/)e?, _, 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 unti 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 $14,000 (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 (1 st) 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 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 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: Thornas K. Doczi, ASLA TK:D Associates, Inc. 2121 E. Taliquitz Canyon Way, Suite 1 Palm Springs, CA 92262 It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 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. Page 4 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 evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. Page 5 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) Contractorwill 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. Page 6 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 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 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 Page 7 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 Cify's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Page 6 0 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. 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 Page 9 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 party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between Page 10 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. Page 11 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal /corporation By: � �� By: City Cle)k � ,�� City Manager APPROVED AS TO FORM: City Attorney CONTRACTOR: By: Name: (\n Title: ��.�'4w�! By: Name: Title: Address: l Page 12 EXHIBIT 'A' SCOPE OF SERVICES Contractor to provide full range of services necessary to complete bid documents for the Landscaping of the Vista Chino Retention Basin Project following the same street frontage design as the Noise Berm Project. For Scope, see attached TDK Associates Exhibit "A" and the following: Plan approval must be received from Planning Commission, Riverside County Flood Control and Caltrans. Approval processing is within the Scope of services. Design is to include a new alignment for the chain link fence on the Vista Chino frontage. 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 areas: (total contract not to exceed $14,000). Work Area Lump Sum Design Development $1 ,200. Preliminary Plans 2,400. Construction Documents 6,000. Meetings 660. Caltrans-Flood Control Processing 1 ,600. TOTAL $11 860. Plus reimbursables at cost plus 10% not to exceed $2140. EXHIBIT "D" SCHEDULE OF PERFORMANCE The Contract shall meet the following schedule: (all days are calendar and approvals referenced are from the Contract Administrator) Item Description Completion 1 . Design Development 30 days from Notice to Proceed 2. Preliminary Plans 30 days from approval of Conceptual Design 3. Construction Documents 60 days from Planning Commission (including Landscape) approval •T.H.D.Associates,lnc. January 23, 1998 Palm Springs Regional Airport Allen Smoot, Director of Transportation 3400 E. Tahquitz Canyon Drive Palm Springs, CA 92262 Re: Vista Chino Street Frontage Palm Springs Regional Airport, Palm Springs, California Dear Allen Smoot: Thank you for the opportunity to submit this proposal for landscape architectural services. Please find enclosed our proposal for design services and City submittal. I look forward to working with you on this project. Sincerely, )Tho mas K. DoczLA President TKD/ks E-mail: tkd2@earthlink.net T.M.D.Associates,inc. 2"2 1 i V,Vk LANDSCAPE ARCHITECTURAL SERVICES AUTHORIZATION FORM January 23,1998 Project Name: Vista Chino Frontage, Palm Springs Regional Airport Client : City of Palm Springs Department of Transportation Our firm has been requested to perform design services in regard to your project. These services are: Scope of Services: See Exhibit "A" Fee: See Exhibit "B" Hourly Fee Schedule: Landscape Architect $11 0.001hour Designer I 65.00/hour Draftsperson 42.501hour Computer Time (CADD) 67.501hour Secretarial 22.50/hour Site Observation 85.00/hour Requested By: Allen f. Smoot, A.A.E. Director, Department of Transportation Approved By: Date: Authorized Signature • T.A.D.Associates,Inc. EXHIBIT "A" SCOPE OF SERVICES VISTA CHINO FRONTAGE Design Development: Review Project Master Plan, Schedule and Budget with Client. On Site Review/Site Analysis. Develop Plant Palette. Design Development of Street Frontage Landscape Concept. Develop Sidewalk Layout Plan. Design Concept Review with Client and Project Representatives. Preliminary Plans: (All Plans will be prepared using AutoCad R13) Master Landscape Concept and Plant Palette. Color Presentation Plan for City Submittal. Presentation to Design Review Board and Planning Commission. Preliminary Landscape Construction Cost Estimate. Submit to CalTrans Construction Documents: (All Plans will be prepared using AutoCad R13) Sidewalk Layout Plan. Planting Plan. Irrigation Plan, Final Construction Cost Estimate. Project Specifications. Bid Documents (City to Provide Formatted Boiler Plate) • . � '1..�.✓. ASSlrytill]i^5. .IIL_ "EXHIBIT B" PROJECT FEE SCHEDULE VISTA CHINO FRONTAGE Compensation for Professional Services: A. Design development $1,200.00 B. Preliminary Plans 2,400.00 C. Construction documents (Plans & Specifications) 6,000.00 D. Meetings 660.00 E. Cal-Trans Processing. 1,600.00 Total Fee: $11860.00 Reimbursable Expenses (Cost plus 10%) Blueprints Copies Deliverables Travel Hourly Fee Schedule: Landscape Architect $110.00/hour Designer I 65.00/hour Draftsperson 42.50/hour Computer Time (CADD) 67.50/hour Secretarial 22.50/hour Site Observation, Supervision, Walk-through 85.00/hour Fee Schedule: Monthly billing based upon percentage of completion. I GRESSIVE WEST INSURANCE COMPANY THIS DECLARATION DOES NOT SUPERSEDE ANY CANCEL NOTICES *** TDECLARATION *** " . BOX 1088 HIS REPLACES DECLARATION EFFECTIVE 04/07/98 +* CHO CORDOVA, CA 95741-1088 AIDUKAS INS AGCY [y5s QCYc� i i,—p— "d3 n-�-� � PRWREWYE u UI 24 Hour''Policy Service 1-800-888-7764 - 555 S SUNRISE WY #200 �—� J 24 Hour Claims Service 1-800-274-4499 PALM SPRINGS CA 92264 ��S C6 Automated Billing Inquiry 1-800-999-8781 PERSONAL AUTO POLICY DECLARATIONS PAGE FOR NAMED INSURED: 3��i THOMAS DOCZI 770 MEL AVE o7ea5 _ . " PALM SPRINGS CA 92262 POLICY NUMBER: L0237232 — 0 i nn i u i 1 nn r r n n ui ni r nr nn n J POLICY PERIOD: 04/07/98 TO 04/07/99 THOMAS DOCZI This policy incepts the later of: 1 the Lima the application for Insurance is executed on the first 770 MEL A V E day of the policy period;or PALM SPRINGS CA 92262 2. 1291 a.m.on the first day of the policy period, 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 vehicle as shown below. Coverages are defined in the policy and are subject to the terms and conditions contained in the policy, including amendments and endorsements, No changes F'IRMATION NUMBER # 103CCE232 will be effective prior to the time changes are requested. SON FOR ISSUANCE: POLICY CHANGE, NO CHANGE IN PREMIUM FOLLOWING CHANGES WERE REQUESTED BY TONY/AGENT ON 04/13/98 AT 01:25 PM EST -CTIVE ON 04/07/98: CHANGF,D—INFO - VEH--S,98 -PO,^.SC - LOSS PAYEE CHANGED - # YR MAKE - MODEL SERIAL NUMBER STATED AMT DRV# LISTED DRIVERS EXCLUDEDSR22 RATED 96 FORD EXPLORER4X4SW 1FMDU34XXTZA59952 1 THOMAS DOCZI a NO NO YES 91 FORD MUSTANG 18 CV 1FACP45EUMF155277 2 MARY WILCZAXDOCZI NO NO YES 98 PORSC BOXSTER CV WPOCA298XWU622864 3 4 5 COVERAGES AND LIMITS OF LIABILITY PREMIUMS COVERAGE IS APPLICABLE ONLY IF A PREMIUM IS INDICATED. VEH #1 VEH #2 VEH #3 VEH #4 TOTAL LY INJURY LIABILITY 0,000 EACH PERSON - $500,000 EACH ACCIDENT $494 $418 $408 $1,320 ERTY DAMAGE LIABILITY 0,000 NO DEDUCTIBLE ZURED/UNDERINSURED MOTORIST $121 $115 $109 $345 0,000 EACH PERSON - $300,000 EACH ACCIDENT - ZURED MOTORISTS PROPERTY DAMAGE $3,500 $9 $8 $8 $25 CAL PAYMENTS $1,000 EACH PERSON $29 $24 $24 $77 REHENSIVE ACV LESS $500 DEDUCTIBLE $114 $268 $268 $650 ISION OR UPSET ACV LESS $600 DEDUCTIBLE $189 $217 $541 $947 TIONAL COVERAGES: NG & LABOR $50 PER DISABLEMENT $300 MAX $4 $4 $8 a I SEE REVERSE PREMIUM BY'VEHICLE $960 $,1,054 $1,358 HMENTS IDENTIFIED BY FORM NO. TOTAL POLICY PREMIUM $3,372 1113 (13-07) INSURED'S COPY PMPC0n 11 ao22osl 111� CERTIFICATE OF INSURANCE This certifies that ®STATE FARM FIF&D CASUALTY COMPANY, Bloomington, Illinois ❑STATE FARM GE14,1111WAL INSURANCE COMPANY, Bloomington, Illinois Insures the following policyholder for the coverages Indicated below: Name of policyholder T K D Associates, Inc. RECEIVED Address of policyholder 2121 E. Tahquitz Canyon Way ste 1 MAR ? I) 1998 Palm Springs, CA 92262 CITY CLERK Location of operations �35P/ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY Effective Date j Expiration Date ® Comprehensive j 90-LA-9596-7 General Liability 7/28/97 ; 7/28/98 BODILY INJURY ._------------ -------- --------- " ----------- ----------- - —-------- ----- —"-r---- ❑ Dual Limits for: ❑ Manufacturers and Each Occurrence $ _____ _ Contractors Liability Aggregate $ ❑ Owners, Landlords, and Tenants Liability l PROPERTY DAMAGE Each Occurrence $ This Insurance includes: ❑ Products-Completed Operations Aggregate* ❑ Owners or contractors Protective Liability ❑ Contractual Liability BODILY INJURY AND ElProfessional Errors and Omissions Combined Single Limit for: PROPERTY DAMAGE ❑ Broad Form Property Damage Each Occurrence 1,000,000.00 ❑ Broad Form Comprehensive General Liability Aggregate 2,000,0 00.00 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD CONTRACTUAL LIABILITY LIMITS(if different from above) Effective Data 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 $ '�pPWe N�uom ,mi HmUrul�rucm, W�3 Temnl•UkllHy lmura x sxdu 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 // / (✓ �6 s Hix•0/wlW W a•p,ew,IWn City of Palm Springs Office Manager City ,Clerk m. Attention: Patricia Sanders 3/18/98 PO Box 2743 �• ULU BLUMBERG Palm Springs, CA 92262 nu.r• s "-' 35325 Date Palm Drive Suite 115 H IUSU IIpNCF Cathedral City, CA 92234 IbB&1.10 Rrv."I HMW 11 Us A STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION !I� 'L`,�,' •�' INSURANCE xV FUND CERTIFICATE,OF WORKERS' COMPENSATION INSURANCE SEPTEMBER ,25, 2001 1509739 - 01 POLICYNUMBER, - - CERTIFICATE-EXPIRES CITY OF PALM '.SPRINGS . OFFICE OF THE CITY CLERK, 3200 TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 JOB: 3919 'VISTA CHINO RETENTION BASIN L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissionerto the employer named belowfor_t_he policy period indicated,_ This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer. We will also give you TEN days'advance notice should this policy be cancelled prior to its normal expiration. • This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this'''certificate of insurance may be issued" or may pertain, the insurance afforded by the policies described herein is subject to all the terms,exclusans and condltion5 of such policies. • AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILT'TY, L'IMIT INCLUDING DEFENSE COSTS:' $1,1000,010 PER ,OCCURRENCE. I I EMPLOYER, T K B ASSOCIATES 'INC " 2121 E TAHQUITZ CANYON WAY STE 1 • PALM SPRINGS CA 92262 L ., ! THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND