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HomeMy WebLinkAbout03887 - COUNTS UNLIMITED TRAFFIC VOLUME MO 6066 Page: 1 Report: Expired Contracts: Oldest Date = / / and XREF = ENGINEERING -Summary October 22, 2003 Contract Number Description Approval Date Expiration Date Closed Date A3157 G/C Expansion Engineering Service 08/04/1993 08/01/1994 Contractor :John M. Tettemer&Assoc. Ltd. Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A3298 Traffic Engineering Service 11/03/1993 11/01/1994 Contractor :Robert Bein Wm Frost Assoc Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A3382 Engrg Plan Check Services 06/01/1994 09/01/1998 Contractor:BSI Consultants Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A3827 Underground fuel storage tank design service 07/16/1997 07/01/1998 Contractor:Tait&Associates Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File ` A3887 Traffic Volume Counting, CP97-17 12/17/1997 12/01/1999 X Contractor:Counts Unlimited Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A3993 Traffic Signal Design Baristo & El Cielo 06/22/1998 12/01/1998 Contractor:Katz, Okitsu &Assoc. Insurance Status:A policy will expire soon. XREF: ENGINEERING Service: In File A4009 COGEN Chiller Maintence 07/29/1998 07/01/2003 Contractor :Carrier Building Systems Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File Counts Unlimited • • Traffic Volume Count AGREEMENT#3887 AMENDMENT NO. 1 TO AGREEMENT NO, AMEND#1 TRAFFIC VOLUME COUNTING M06478, 9-1-99 City Project No. 97-17 The following article of Agreement:No. 3887 is hereby amended to read as follows: 1.1 SCOPE OF SERVICES: Amend Exhibit A of Agreement No. 3887 to provide additional services as follows: Consultant shall preform traffic counts at additional locations as directed by contract officer. 2.0 COMPENSATION. Compensation for traffic counts at additional locations shall be in accordance with Agreement 3887, Exhibit B. Section 2.1, Contract Sum, shall be revised to a maximum contract amount of $10,787.00, an increase of$1,787.00. Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 3887 remain in full force and effect. DATED this 7 8 day of AJG--vTT 1999 ATTE& CITY OF PALM SPRINGS, CALIFORNIA a m �o�poi+ltion City Clerk _ City manager (Check one: Individual, Partnership, APPROVF,D AS TO FORM: Corporation) Ci ttorney CO /CTOR-,1�UNLRUITED, INC. (Corporations require two signatures: By: f I— One from each of the following: A. Si otarized) A. Chairman of Board, President, J &'S1 d)A! 7 any Vice-President; AND B. Secretary, N &ZeV Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By:B. (N STD i a Print Name&Title Mailing Address: 25424 Jaclyn Avenue Moreno Valley, CA 92557 APPROVE®BY THE CITY COUNCII RY �wvca. - --3sly7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF --f2 I 6/L S/ On A, 20, l before me, Q3Q21'j04a3C--1-r0ieA AVIAXYj or.3oL, DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared, SJ--VW41 ate' &A Ck 4--- 77- jK 04 P-,0,4 M401, EAC&-r- personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)4e/are subscribed to the within instrument and acknowledged to me that 4944e/ they executed the same in hitftr/their authorized capacity(ies), and that by 4ia/# /their signature(s)on the instrumentthe person(s),orthe entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. a" �UifliY1.t,"I D7 351 NOTAWPUOLIC-CALIFORNIA@ CNVC�RSME COUNTY (SEAL) 001w.Exp Oct 9 i990 NOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT,1*�,ed6qZS0/7' A/P. 1 f f DATE OF DOCUMENT 81�t CJ NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE Counts Unlimited Citywide Traffic Volume Count AGREEMENT #3887 1,106066, 12-17-97 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR TRAFFIC VOLUME COUNTING CITY PROJECT NO. 97-17 THIS CONTRACT SERVICES AGREEMENT.,(herein "Agreement") is made and entered into this �_ day of leer _ , 1997, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and COUNTS UNLIMITED (herein "Contractor") . (The term "Contractor" includes ;professionals performing in a consulting firm capacity. ) The parties hereto agree as follows : NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1 . 1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1 .2 Compliance With Law. All work and 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 of competent jurisdiction. 1 . 3 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. 2.0 COMPENSATION 2 . 1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Nine Thousand Dollars ($9,000. 00) ("Contract Sum") . 2 .2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid in lump sums for each unit as described in Exhibit B attached hereto. FS2\276\099999-3000\2022693.2 m00/22/95 3.0 COORDINATION OF WORK 3. 1 Representative of Contractor. Barbara Sackett is hereby designated as being the principal and representative of Contractor authorized to act: in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3 .2 Contract Officer. City Engineer is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer") . The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3 . 3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3 .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. Contractor shall perform all services required herein as an independent contractor of City and shall remain under 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. 4 .0 INSURANCE AND INDEMNIFICATION 4 .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 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. FS2\276\099999-3000\2022693.2 mOB/22/95 -2- • (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. 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 canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, priior to the cancellation date, submit new evidence of insurance in conformance with this Section 4. 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. 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. The insurance 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 Director of Administrative Services or designee of the City due to unique circumstances . F52\276\099999-3000\2022693.2 m08/22/95 -3- 4.2 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, including paying any legal costs, attorneys . fees, or paying any judgment (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 or services 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, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5.0 TERM 5. 1 Term. See Exhibit "C" . 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days ' written notice to the other party. Upon receipt of the notice: of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City,, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement i°or any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 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 ensure 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. 6.2 Non-liability of City Officers and Employees . No officer or employee of the City shall be personally liable to the FS2\296\099999-3000\2022693.2 mOB/22/95 -4- 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. 6.3 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. 6.4 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. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used acid 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. 6. 6 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. 6.7 Severability. In the event that part of 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 portions 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. F52\276\099999-3000\2022693.2 m00/22/95 -5- 6.8 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. 6. 9 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, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CIT PALM SPRI , a unicipal corpora i City Manager ATTEST: i C, City./Clerk APPRO D AS TO FORM: rl7U 3P5'7 City A-t rney [SIGNATURES CONTINUED ON NEXT PAGE] FS2\296\099999-3000\2022693.2 m08/22/95 -6- CONTRACTOR: COUNTS UNLIMITED� d A�e � By: 4Ae-4`- /• � Name: Barbara N. Sackett Title: Rr-apri-et= jg Q( 6-/L607- Address: 25424 Jaclyn Avenue Moreno Valley, CA 92557 [END OF SIGNATURES] FS2\276\099999-3000\2022693.2 108/22/95 -7- EXHIBIT "A" SCOPE OF SERVICES The Contractor shall collect 24-hour vehicle traffic volume counts in 15- minute intervals on all approach legs of the locations listed in the "Vehicle Count Location" table below, 15-minute intervals in each direction, with each direction totalled separately on the report for all mid-block locations listed in the HPMS Traffic Count Location" table below. The Contractor shall collect pedestrian counts listed in the "Pedestrian Count Locations" table below. Pedestrian counts shall be taken after the vehicle peak hour has been determined. Pedestrian counts shall be taken during the vehicle peak hour. The Contractor shall provide a hard copy and a disk copy of all data collected to the City Engineer in a format compatible with Jamar' s Traffic Analysis Systems (TAS+) software version 3 . 09d. The Contractor shall be responsible for obtaining all applicable permits at his expense. EXHIBIT "A" FS2\276\099999-3000\2022693.2 m00/22/95 Page 1 of 5 1998 Annual Traffic Volume Location Vehicle Count Location 1 Araby/Escoba Drive East Palm Canyon Drive 2 Avendia Caballeros Racquet Club 3 Avendia Caballeros Vista Chino* 4 Avendia Caballeros Tahquitz Canyon Way 5 Cherokee Way East Palm Canyon Drive 6 El Cielo Road Tahquitz Canyon Road 7 El Cielo Road Ramon Road 8 Farrell Drive Vista Chino* 9 Farrell Drive Tachevah Drive 10 Farrell Drive Alejo Road 11 Farrell Drive Tahquitz Canyon Way 12 Farrell Drive Ramon Road 13 Farrell Drive Tachevah Drive 1�4 Gene Autry Trail Salvia Road 15 Gene Autry Trail Via Escuela 16 Gene Autry Trail* Vista Chino* 17 Gene Autry Trail* Tamarisk 18 Gene Autry Trail* Ramon Road 19 Gene Autry Trail* East Palm Canyon Drive 20 Indian Canyon Drive Ramon Road 21 Indian Canyon Drive Tahquitz Canyon Drive 22 Indian Canyon Drive Alejo Road 23 Indian Canyon Drive Tachevah Drive 24 Indian Canyon Drive Vista Chino Exhibit "A" Page 2 of 5 • • 25 Indian Canyon Drive Racquet Club Road 26 Indian Canyon Drive 19th Ave. 27 Indian Canyon Drive Garnet Road 28 Indian Canyon Drive Calle San Rafael Road 29 Melisa Road Dillon Road 30 North Palm Canyon Dr.* San Rafael Road 31 North Palm Canyon Dr.* Racquet Club Road 32 North Palm Canyon Dr.* Vista Chino* 33 North Palm Canyon Drive Tachevah Drive 34 North Palm Canyon Drive Alejo Road 35 Palm Canyon Drive Tahquitz Canyon Way 36 South Palm Canyon Drive Ramon Road 37 South Palm Canyon Drive Mesquite Way 38 South Palm Canyon Drive East Palm Canyon Drive 39 Sunrise Way Vista Chino* 40 Sunrise Way Tachevah 41 Sunrise Way Alejo Road 42 Sunrise Way Mesquite Ave. 43 Sunrise Way Tahquitz Canyon Way 44 Sunrise Way Ramon Road 45 Sunrise Way East Palm Canyon Drive 46 Sunrise Way Racquet Club 47 Sunrise Way Mesquite Ave. 48 Sunrise Way Calle San Rafael Road 49 Tipton Road Wendy Road * = State Route 111, owned and operated by Caltrans District 8. Exhibit "A" Page 3 of 5 HPMS Traffic Count Locations Loc ST NAME FROM TO S1 34th Ave Golf Club Dr CL @ Marguerits S2 Ave Caballeros Ramon Road Tahquitz Cyn S3 Ave Caballeros Tahquitz Cyn Amado Rd S4 Ave Caballeros Amado Rd Tachevah Dr S5 Ave Caballeros Tachevah Dr SR 111 (Vista Chino) S6 Ave Caballeros SR 111 (Vista Chino) Racquet Club Rd S7 Belardo Rd Sunny Dunes Rd Tahquitz Cyn Way S8 Camino Real Murray Cyn Dr La Verne Way S9 Camino Real La Verne Wy Palm Canyon Dr S10 Camino Real Indian Trail S Riverside Dr S11 El Cielo Rd Escoba Dr Ramon Rd S12 G. Autry Trail Palm Drive SR 111 (Vista Chino) S13 Indian Ave Camino Parocelo Granvia Valmonte S14 Indian Ave Granvia Valmonte E Vista Chino S15 Indian Ave Trarnview Rd URL .5M N/Tramview S16 Indian Trail Palm Canyon Dr Camino Real S17 La Verne Way Palm Canyon Dr E Palm Canyon Dr S18 Murray Cyn Dr S Palm i Canyon Dr Toledo Ave S19 Palm Canyon Dr Acanto Dr Bogert Trail S20 Palm Canyon Dr Bogert Trail Murray Cyn Dr S21 Palm Canyon Dr Camino Parocela Granvia Valmonte S22 Ramon Rd Indian Ave Ave Evelita S23 Ramon Rd Ave Evelita San Luis Rey Dr S24 Ramon Rd San Luis Rey Dr Landau Blvd S25 Via Monte Vista Crescent Dr Vista Chino S26 Vista Chino G. Autry Trail (SR 111) CL W./Carmella Dr Exhibit "A" Page 4 of 5 Pedestrian Count Locations Loc. North/South Street East/West Street Peak Hour NO. NB/SB/ EB/WB P1 Palm Canyon Drive Amado Center P2 Palm Canyon Drive Desert Fashion Plaza P3 Palm Canyon Drive La Plaza P4 Indian Canyon Andreas Plaza P5 Indian Canyon La Plaza Exhibit "A" Page 5 of 5 EXHIBIT "B" SCHEDULE OF COMPENSATION After delivery of all traffic volume count data in both hard copy and magnetic data format, and upon the presentation of an invoice, the contractor shall be paid in a lump sum, in accordance with the cost proposal below: COST PROPOSAL: 75 Specified Locations 24-Hour Machine Approach Count _ $ 30 . 00 per machine 4-legged intersection = $120.00 per intersection 3-legged intersection = $ 90. 00 per intersection 1-Hour Pedestrian Counts = $ 35. 00 per hour Additional Locations: 24-hour Machine Approach Count =$ 38 .00 per machine 4-legged intersection = $152. 00 per intersection 3-legged intersection = $114 . 00 per intersection \ $5. 00 ea.for digital data The cost for express delivery of data will be at the City' s expense. EXHIBIT "B" FS2\276\099999-3000\2022693.2 JW2tUNTRACT SERVICES AGREEMENT EXHIBIT "C" SPECIAL REQUIREMENTS Section 4 . 1 (a) shall be modified to read: (a) Comprehensive General Liability Insurance . A policy of comprehensive general liability insurance written on a per occurrence basis with coverage of 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. Section 5. 0, Term shall be waived and replaced with the following: The Contractor shall begin work within 15 calendar days after the contract has been awarded by the Council of the City of Palm Springs and a Notice to Proceed is issued to the Contractor. Volume counting of the streets listed on Exhibit A of this agreement shall be diligently performed from February through April, 1998 . The data will be collected on Tuesdays, Wednesdays and Thursdays . Counts for the 50 intersections, and the 3 pedestrian counts, will be completed and the data submitted by April 15, 1998 . Traffic counts in the downtown area shall be collected. on Tuesdays or Wednesdays . The Contractor shall remain under contract, performing volume counting upon written request from the City Engineer, up to two years after award of this contract. EXHIBIT "C" F52\276\099999-3000\2022693.2 m08/22/95 CERTIFICATE AS TO EVIDENCE OF INSURANCE NSURANCE) The *nge or Company shown on the reverse side umber 1 ❑ (luEXCE cE) Excess over Primary with Company shown on reverse side as number This certificate supersedes any previously issued certificate, I;:IS P;li- :J,I li,l.,ll�nlwl,` I'ta.l:." I.Hk 'I . ONLY -- iIN P Y VvAY Ai iENG. —Ni-, J T-IF i O i 5 -G I, III! PGLJ i-S JSI, tit°Jtl - P/ ,- AR11 N SACKET7 Named DBA: COUNTS Ui� P4!Tf_-D Insured 25t524 jACV11 YN1 VE IUr Excess Policy or Certificate Number Address ,r _ _ `•, 3 • - GC 4S 332 0 404 75 n i',JS~,LI+i J�F.,,Li7Y ,r. �)2:3u,d L Agent I Policy Number We certify that policies for the above Named Insured are in force as follows: Effective from: 07-07-P, to: at which time this certificate becomes ❑ VOID or C� continuous until _ cancelled. Box_'X'tl" applies). COMMERCIAL GENERAL LIABILITY COVERAGE COMBINED PRIMARY & EXCESS LIMITS OF INSURANCE COVERED NOT COVERED GENERAL AGGREGATE LIMIT (Other ❑ PREMISES/OPERATIONS Than Products-Completed Operations) $ t ,000,,04L? G� ❑ PRODUCTS-COMPLETED PRODUCTS-COMPLETED OPERATIONS OPERATIONS AGGREGATE LIMIT $ PERSONAL & ADVERTISING INJURY LIMIT$ 1,000,000 EACH OCCURRENCE LIMIT $ 1,000,000 FIRE DAMAGE LIMIT $ 300rOWr0 ANY ONE FIRE MEDICAL EXPENSE LIMIT $ Coo ANY ONE PERSON WORKERS' COMPENSATION EMPLOYER'S LIABILITY INSURANCE LIMITS COVERED NOT COVERED BODILY INJURY BY ACCIDENT $ each Accident ❑ L7 STATUTORY BODILY INJURY BY ACCIDENT $ each Employee BODILY INJURY BY ACCIDENT _ $ Policy Limit �^4AUTO anand/or GARAGE LIABILITY COVERAGE DEALERS (Plan 1) ❑ NON-DEALERS (Plan II COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE ❑ COVERED NOT COVERED Bodily injury $ 000 each person ❑ x Owned $ 000 each Accident ❑ d Hired Property Damage $ 000 each Accident ❑ LI Non-Owned Aggregate Limit $ 000 (Garage Plan Only) Single Limit Liability for Coverages checked ® above. $ 000 each Accident COVERED NOT COVERED $ 000 each Vehicle ❑ , Cargo $ 000 each occurrence Described Description OWNED ❑ below ❑ waived AUTOS YEAR,', MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER IF a COVERED UMBRELLA LIABILITY Umbrella Liability $ 000 retained limit POLICY NUMBER $ ,000 each occurrence $ 000 aggregate Upon cancellation or termination of this policy or policies from any cause we will mail 30 days written notice to the other interest shown below. Notice of cancellation of the primary coverage automatically terminates excess coverage. Certificate Issued To: Name (CITY CLt}I ) and CITY 0= f'A�_A SPRINGS , Address O 0 BOX 2743 PALM SIR-; Ii.GS C'Ea, 5226 -27k3i Countersigned byAuthoriied:A9pFesehStitlJe OHIO Only: Any person who, with intent to defraud or knowing that he is facilitating a)fra6 against an insurer, sutfmits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. o 565287 1STEDITION den (Over) H-96 1451 / • The following are inter-insurance exchanges sometimes referred to in the policy, when issued by it, as the Company. 1. Farmers Insurance Exchange 2. Truck Insurance Exchange Los Angeles, California Los Angeles, California The following Is a stock company referred to in the policy,_when issued by it, as the Company 3. Mid-Century Insurance Company Los Angeles, California 4. Lloyds, London and/or Companies in England 0/6 G. J. Sullivan Cc - - Los Angeles, California • 5. Other, • 4�y of STATE P.O BOX 420807, SAN FRANCISCO, CA 94142.08bi—A 3 gar' COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATIM INSURANCE FEBRUARY 26, 2002 POLICY NUMBER: 1270928 -z02 CERTIFICATE EXPIRES: 2-1-03 CITY OF PALM SPRINGS THIS SUPERSEDES AND OFFICE OF THE CITY CLERK CORRECTS. THE CERTIFICATE PO BOX 2793 ISSUED ON 02701-02. PALM SPRINGS CA 92263 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the 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 isStied or may pertain, the insurance afforded by:,the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1 ,000,000 PER OCCURRENCE-.,'- EMPLOYER -- COUNTS UNLIMITED INC , 25424 JACLYN AVE - MORENO VALLEY CA 92557 m® THIS DOCUMENT HAS A BILUE RA774-7 . : • • • G ! 0 0 15I7'�Nt(('i``/�NyyllF��i��,5p16�3✓ '4E 7Ip,,,�yyy9yyy'�5�'}!1?22ftV,�!!-�q(q,.66PP{{ppyyyii yryi,�1��'l'!11��iinn I, J Sv,l ;rroen YaWr 88r c"4�A�RN"4R R"'a 9+. Mv" ��'bi,M� YW6r •W.eAYN Mu/(</r' ' (`r(dNi lace IsrwsFeRD I-`iw"`F�aRl�7S � v�No 4WYmON p, A'l p4ogCt$MOT A MlCNINl1QX PCXT[END 3R w:TEM THE ACnO VEMA40fRTHRI(XRTL ♦IYOYNDED{v TkC ROUCILY 6RLOW f�.7NVZPJ A. 7^©RaTV ET I_ --- Y',992 MSSI9 13L. AI3 COMPANIES AFf ONO1NG COVZRAGE RVRSDPI, CA . 92509 A�' -- -- - -- --" -- - -- 909-685-2.343f`p,J?,(y,EI;S—T.ti.SLL12.BNCP�-_rJ�L:iiAN66- - cwNu.. j BARBARA SACKETT ' CO�','i�, G — .--- -- - __.. U43GI: C4CJIVTS VFdLY WI1TGL 25424 J,ICXLYC .AVE aRii� G MORENO VALLEY, CA 92557 VIPs u.'C SeH,I!r t4ei❑-i VOLIJIE'6 of INJL iXN:L J(TEU PCLOW,N OfiC4y IIN+IEU 10 iHt He%r O NAmf'f-µlOVC YOa'4E YO.Cr 1'lR09 VIP,,VIF'F' HC"Mwjvt vA AM1YgXCW l, I'li NAIi0R EiOMDIPIPY 0 I rMTrlN cC' 0"Ol CRI*Lf ces6 vn'-�K{•tc, '0�nLu,l".a CB'i" ��`£NA:QC IS;QlI(^C9 M,iT Y(FT/.In Tr!l lNdl:R4NCE"YiNY[CQC EI TnC YWCdY JCfLRJEO YE"LV u e IP:.`C!-JN 19 F.Tt NIO ry.,.p ^rv4 MiY 4N9Y PCNN X(pU0(U Er EAIO CCAI W wy pv rvW8Pup4 egIVY"VM'!Y9 P"4y'Cf lJY{erNP YW.in,T(YYNA1rJR I•r,q .I Ilni fuF Wdrtv?w, ''Hre'u4AC'^ �mwna. ,3u�'n ., aneru_•aowoA'lf^_ eI �Q.Q.Q.�r� �_]< ppv . ue•Snn.,er+v^ I F •co ;Pe<ooror�.o;. 1 1 ")4 75 66 - - ' 12/ 17/01 Q2/17/0 4 u, oY 12/17/0112/17/02 14 q 4 75 66 ' 7•mrc re.ww.od I '+`G'wJ.eN�,. 49NRSA•tgY T+.I L'deY rMel _ e. rtwx,+M.bdvr '� SNMI.]LYiY b' ~1 9A>:PIYf.Gw^�O+C4a Glf IS^.n41p0utNiI+ItLPbNIvoAL IlQA4 CER'I'IFICA 'F HOLDER To HI''. NAMED A.i ADDITIONAL INSURED f�4L'W'�uuR'�NYYHcTt`�ti'n —_.___.� •.--'--..,..E117�1 `."...___._ PATRICIA A . ISANI)FRS uu wr oX �E AfoN(oQeF:niuEo lO,Ic�lu aY ance..tc a(•wt-•�e 0[-TIC'F? OF THF; CITY CT,FR'c WIONDArl THEREOF IMF 'os aacorv.,,rr,l_encuvcn o `lY OF P/1LP/I .PR INC; .I ( .._ C+vy nNT EN NO�cY',9�Mf GFC'If ICn'E dOIi,FR NM9•_;,Ic i.N ' nl..laur.(Ia MN•ducN uo�wt x.ALl NpOyl Ha�e.a*u;n u• s700 `I'AI-IOOITZ CANYON WAY 0.ilv Cp MI°ry1,v.�TL,F.COuaaN, '{+C F NTl JR PEPPH En i n'M1 t r L' 1 _ "._T.__ I_.—L._._.�.�..r_ ___.___.. .-...._•.-:.�'.t�C.. v 7 /`,ACORUCARVCtRATION '{sa P %'qI 03S�S7 A O® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/22/2023 PRODUCER (855) 266-2135 Fixated Financial S Insurance Solutions, Inc. P.O. Box 2445 Newport Beach CA 92659- THIS CERTIFICATE IS ISSUED AS A ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED MATTER OF INFORMATION UPON THE CERTIFICATE NOT AMEND, EXTEND OR BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Counts Unlimited, P.Q. BOX 1178 Corona I Inc. CA 92876- INSURERA: Pacific Employers 20626 INSURER B:AJIGUARD Insurance Co. 43290 INSURERC:CHUBS National Ins. Co. 10052 )NSURERD:14arkel Insurance Co. 38970 1 INSURER E. Starstone National Insurance 25496 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' OF IN SURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONTYPE DATE MIKIDUYInflo LIMITS A X GENERALLIASILIW .SL COMMERCIAL GENET LIABILn, D95330058 03/23/2023 / / 03/23/2024 / / EACH OCCURRENCE S 2,000,000 DAMAI E TO RENTED. RE Ea occ 1000 00D E . $ 5,000 I CLAIMS MADE ❑X OCCUR / / / / WED EXP An one person) PERSONAL &ADV INJURY $ 2,000000 GENERAL AGGREGATE S 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4 000 000 / / / / Xj POLICY PRO LOC B X AUTOMOBILE LIABILITY ANY AUTO COAU409247 03/23/2023 / / 03/23/2024 / / COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per Person) $ X ALL OWNED AUTOS it SCHEDULED AUTOS / / / / / / / / BODILY INJURY (Per sodden0 $ HX HIRED AUTOS X NOWOWNED AUTOS / % / / / / / / PROPERTY DAMAGE (Per accident) $ NX COMP DED. $1,000 X COLLISION DED $1,000 / / / / GARAGE LIABILITY / / / / AUTOONLY-EAACCIDENT S OTHER THAN EA ACC $ ANY AUTO / / / / S AUTO ONLY: AGO EXCESS I UMBRELLA LIABILITY / / / / EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE / / / / $ DEDUCTIBLE / / / / S RETENTION $ C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y,N ANY PROPRI2TOWPARTNENFXECIITIVE (24) 7178-70-98 03/23/2023 / / 03/23/2024 / / X VJC STATU- OTH- E.L. E1cH AGO U .1T S 110001000 OFFICER/MEMBER EXCLI (MandaexY in NH) / / / / E.L. DISEASE - EA EMPLOYE E 1 000 000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 N yes, desaee under SPECIAL PROVISIONS Win. OTHERProfessional Liab. ME02490-03 06/10/2022 06/10/2023 Aggregate Limit 2,000,000 D / / / / Each Claim 2,000,000 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The insurance shall be primary with respect to the insured shown in schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the named insured's scheduled underlying primary coverage, in either event, any other insurance maintained by the insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. •10 DAY NO!REi Ej LATION FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Hall Reception Desk DATE THEREOF, THE ISSUING INSURER WILL Ii01OWGI M MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,XIXXR9(NXWMXKKXD *XM City of Palm Springs kJPR'mEIND)OSWX X)OWLYAOM CDOWJ3X XC(.VXM(XMXNXAWB[L,CNXA)UKMMK 3200 E. Tahquitz Canyon Way XXPRExXxwxNXxX AUTHORIZED REPRESENTA VE P lm Springs CA 92262- © 1988-2009 WCORD CORPORATION. All rights reserved. ACORD 25 (2009101) INS025 (2W901) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). (DISCLAIMER- - — — This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) INS025 (200901) a WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WORKERS COMPENSATION This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause' needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms apart of (24) 7178-70-98 Issued to: Counts Unlimited, Inc. By: CHUBB National Insurance Co. Premium (if any) - - - - - - - -- . — .. _—'-- --- -- -- — — - -- We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Palm Springs 3200 E. Tahquttz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents WC 040306 (Ed. 4-84) Countersigned by Authorized Representative I POLICY NUMBER: D95330058 BUSINESSOWNERS BP 04 48 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART — — - -- SHEDULE_— Name of Person Or Organization: City of Palm Springs 3200 E. Tahquttz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents WHO IS AN INSURED (Section II) is amended to include as an additional inured, the person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at. the location(s) designated above. B. With respect to the insured afforded to these additional insureds, the following additional exclusions apply: 1. Coverage does not apply to "bodily injury" to an "employee" of the named insured. 2. This insurance does not apply to "bodily injury" or "property damage" occurring after: a. All work, including materials, part or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b.. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 Policy Number: D95330058 Commercial General Liability BOP-47635a (07/16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILI-T-Y-COUERAGETART _ __ .- SCHEDULE Name of Person or Organization: City of Palm Springs 3200 E. Tahqurtz Canyon Way Palm Springs, CA 92262 The City of Palm Springs, its officials, Employees and agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule; but only withYespedt to liability-arising-out-of"your work"for that insured by, or for you. SUCH INSURANCE AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS, OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE NON-CONTRIBUTING. BOP-47635a (07/16) copyright, Insurance Services Office, Inc., 2016 Page 1 of 1 .1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE COMMERCIAL AUTO BA 99 04 06 18 IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the modified by the endorsement. provisions of the Co ierage Form apply unless This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1.-- WHO IS AN INSURED-- the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) ThE Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such arnount shall be a part of and not person or organization be added as an additional insured on your business auto in addition to Limits of Insurance shown policy, such person or organization is an in the Di clarations and described in this "insured", but only to the extent such Section. person or organization is liable for (3) Additional Insureds Other Insurance "bodily injury" or "property damage" caused by the conduct of an "insured" If we c ver a claim or "suit" under this under paragraphs a. or b. of Who Is An Covera a Part that may also be covered by insurance Insured with regard to the ownership, other available to an addition il insured, such additional maintenance or use of a covered "auto." insured ust submit such claim or "suit" The insurance afforded to any such to the )ther insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage" occurs: Howeve , this provision does not apply to the extent that you have agreed in a (1) During the policy period, and written or written agreement (2) Subsequent to the execution of such insurance that the insurance is primary and non- written contract, and contributory with the additional insured's own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided to the additional insured. If another person or organization is (2) How Limits Apply added as an additional insured on your policy, the additional insured shall be If you have agreed in a written contract required comply with the provisions in or written agreement that another A. Loss onditions 2. — Duties In The person or organization be added as an Event Of Accident, Claim, Suit Or additional insured on your policy, the Loss — of SECTION IV — BUSINESS most we will pay on behalf of such AUTO CONDITIONS, in the same additional insured is the lesser of: manner as the Named Insured. BA 95 04 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its p rmission. Page 1 of 1 BLANKET WAIVER OF SUBROGA' This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the unless modified by the endorsement. SECTION IV - BUSINESS AUTO CONDITIONS, A.Loss Conditions, 5. Tral Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organizati written contract that requires such waiver because of payments we make for d Coverage Form. 02 09 08 Includes copyrighted material of Insurance services Office, Inc., with its COMMERCIAL AUTO BA 99 02 09 08 overage Form apply sfer Of -Rights Of i with whom you have a mages under this 1 of 1