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HomeMy WebLinkAbout03827 - TAIT & ASSOC STORAGE TANKS CP 95-17 MO 5998 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 / �t Contractor :Robert Bein Wm Frost Assoc Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File A3382 Engr'g 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 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 ^ r 2 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 Denise Gwaldis From: Margot Desrosiers Sent: Tuesday,April 17, 2001 10:41 AM To: Denise Gwaldis Cc: Dave Barakian; Tom Cartwright Subject: YOUR MEMO DATED 9/26/00 and 3/30/01 to Dave B 1. Re: NOA for A3798, CP 97-06, AI Miller. As I told you before, NO, there was never one issued. I am, this date, at Dave's B. request, asking Tom to have one of his inspectors do one. re: Tait's 5th Amendment: As I told you before, No. 6 superceded No. 5, there was NO#5, never went to Council, never will. 1 °jk`M ;PI of Palm Springs N Office of the City Clerk (760) 323-8204 • v�•ve�riv. FAX (760) 322-8332 r C'4Ll FOR N� pp rr Date: rnaL�L � ZL�O To: David Barakian-City Engineer From: City Clerk Re: NOA Dave, we are looking for a NOA on Al Miller & Son Roofing A3798, CP97-06, has there been or will there be one issued, if there will not be one issued, why? Also, We have amendment #6 to A3827, Tail & Associates, CP95-17, where is Amendment #5, it should have gone to Council and did try on May 19, 1999, but was pulled at that time. Thanks, Trisha l �1 DATE: May 19, 1999 -' 7 TO: City COW161 FROM: City Engineer FIFTH AMENDMENT TO CONTRACT SERVICES AGREEMENT WITH TAIT & ASSOC., INC. RECOMMENDATION: ����� That the City Council approve Fifth • mendment to Contract Services Agr lent No. 3827 with Tait & Associates, Ina,', design services in an amount not to ex eed $800.00, Underground Storage Tank*ei 6val and Replacement, City Project No. 95-1 BACKGROUND: On July 15, 1997, City Council approved Agreement No. 3827 with Tait & Ass ciates, Inc. for the preparation of Resign, specifications and engineer's estimate for the moval and replacement of tb'e und, rground fuel tanks at seven sites throughout the City. The City's contractor for this project, G & M Construction, exposed contai sated soil at 2 locations, City Yard Lid City Hall. As the responsible arty the City is required, under the Calif. Code of R ulations, Title 23, Div. 3, Chapter I Article 11, to take corrective action for the c laminated soil at the above locations. Per County of Rive ide, Dept. of Environmental Health, M rdous Materials Management Div., 2 Detailed W rk Plans to perform site assessmen the contaminated soil must be submitted and approv d by them, prior to conducting y work at the sites. Tait & Associates, the Ci ' consulting 11 or U.S.T. System Design & Compliance, will submit two detailed work plans e ounty of Riverside, Dept. of Environmental Health, for approval. Funds are available in account number 540-5904-48622 (Loss Containment). DAVIDJ. B KIA City Engine r ,� 0 APPROVED: CitJ anager ATTACHMENTS: 1. Minute Order 2. Fifth Amendment to Agreement No. 3827 MINUTE ORDER NO. APPROVING FIFTH AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 3827 WITH TAIT & ASSOC., INC., FOR DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $800.00, CITY PROJECT NO. 95-17 I HEREBY CERTIFY that this Minute Order approving Fifth Amendment to Contract Services Agreement No. 3827 with Tait & Assoc., Inc., for design services, in amount not to exceed $800.00 City Project No. 95-17, was adopted by the City Council of the City of Palm Springs, California in a meeting thereof held on the 19th day of May 1999. JUDITH SUMICH City Clerk IM AMENDMENT NO. 5 TO AGREEMENT NO. 3827 FOR DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY PROJECT NO. 95-17 The following article of Agreement No. 3827 is hereby amended to read as follows: 1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract amount of$121,359, an increase of$800.00 2.0 EXHIBIT "A", Scope of Services, is hereby amended as follows: • To submit 2 detailed work plans to perform site assessment of the contaminated soil, one for- City Hall and a second one for City Yard. The work plans shall include the following tasks for each location: Task 1: Health and Safety Plan Modification Task 2: Drilling and Soil Sampling Task 3: Laboratory Analyses Task 4: Report Preparation 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the following: A lump sum cost for these 2 detailed work plans is $800.00. All services shall be performed upon authorization by the City. Except as specifically amended by this Fifth Amendment, all terms and provisions of Agreement No. 3827, approved by the City Council on July 16, 1997, Minute Order No. 5998, remain in full force and effect. DATED this clay of 1999. ATTEST. CITY OF PALM SPRINGS, CALIFORNIA A municipal corporation City Clerk City Manager APPROVED AS TO FORM: City Attorney 1 of 2 I � w AMENDMENT NO. 6 TO AGREEMENT NO. 3827 FOR N DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY PROJECT NO. 95-17 q mp v The following article of Agreement No. 3827 is hereby amended to read as follows: a NN 00 0 U mI EOM I O 4i D 1.01 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract w amount of$127,799.00, an increase of$6,440.00. y v 2.0 EXHIBIT "A", Scope of Services, is hereby amended as follows: Task A Submit a detailed spill prevention, control and counter-measure plan (SPCC) for each of the following locations: 1885 Golf Club Drive (WWTP / Lift Station) 4375 Mesquite Avenue (WWTP) 3200 East Tahquitz Canyon (Civic Center) 425 North Civic Drive (City Hall) The spill prevention, control and counter-measure plans shall include the following for each location: Data Review Field Work- Site inspection and personnel interviews Spill prevention, control and counter-measure plan and recommendations preparation Project management and professional engineer certificate Task B Consultation with City Staff to resolve fueling problems at the following sites: 425 North Civic drive - Breakaway fuel dispensers were not functioning correctly 1885 Golf Club Drive - Day tank for the generator was not receiving the correct amount of fuel from the above ground tank Ave. 34 Lift Station - Day tank was added to enable the generator to start in the event of an emergency 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the following: SPCC $1,500.00 x 4 each = $6,000.00 Consultation $80.00 x 5.5 hrs. __ $ 440.00 Total not to exceed $6,440.00, payable upon satisfactory completion of each task or approved portion thereof. All services shall be performed upon authorization by the City. Except as specifically amended by this Sixth Amended, all terms and provisions of Agreement No. 3827, approved by the City Councul on July 16, 1997, Minute order No. 5998, remains in full force and effect. DATED thislg Day of � r 2000. FT T: CITY OF PALM SPRINGS, a municip I corporation City Clerk By: / � v �y ity Manager APPROVED AS TO FORM: City 4ttomey U@f © E4Y T _ (Corporations require two signatures: One from each of the Following: A Chairman of Board, President, any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). (Check one: _Individual_Partnership ✓Corporation) CONTRACTOR: TAIT &ASSOCIATES A. By: Notarized Signature Prr/in Name & Title B. By Notari 'e Signature U Print Nam ff Title Mailing Address: 701 North Parkcente:r Dr. Santa Ana, CA 92705 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On August 24, 2000 before me, Bea Hnatyk, Notary Public Date Name and The of Officer leg,Vane Doe,Notary Public") personally appeared Thomas R. Turner & William M. Weingart Name(s)of Sgner(s) IX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that44o/&1 e/they executed BEA HNATYK the same in k+c~their authorized Commission#1263M capacity(ies), and that by Us,tFae+/their 6 Notary Public-Callfomia £ signature(s) on the instrument the person(s), or Orange County the entity upon behalf of which the person(s) NryC«nm.fxpresMW12,2lSYt acted, executed the instrument. WITLESS my hand and official) seal. Place Notary Seal Above Signature of NotV 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 Signer's Name: _ ❑ Individual � Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ) I 0 1997 Nallonal Notary Association•9350 De Solo Ave,PO Box 2402•Chatsworth,CA 91313-2402 Brad No.5907 Reorder.Call Tall-Free 1-800-876-6827 Denise Gwaldis From: Margot Desrosiers Sent: Tuesday, April 17, 2001 10:41 AM To: Denise Gwaldis Cc: Dave Barakian; Tom Cartwright Subject: YOUR MEMO DATED 9/26/00 and 3/30/01 to Dave B 1. Re: NOA for A3798, CP 97-06, Al Miller. As I told you before, NO, there was never one issued. I am, this date, at Dave's B. request, asking Tom to have one of his inspectors do one. re: Tait's 5th Amendment: As I told you before, No. 6 superceded No. 5, there was NO#5, never went to Council, never will. i Tait & Associates, Inc. Design Svc. Underground Fuel • *Tanks - CP95-17 Amend #4 AGREEMENT #3827 M06206, 7-29-98 AMENDMENT NO. 4 TO AGREEMENT NO. 3827 FOR DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY :PROJECT NO. 95-17 The following article of Agreement No. 3827 is hereby amended to read as follows: 1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract amount of$120,559, an increase of$11,670.00 2.0 EXHIBIT "A", Scope of Services, is hereby amended by adding the following: Provide preparation of design, specifications and engineer's estimate for the spill containment fill box, overfill prevention drop tube, temporary fuel supply tank and a complete re-pipe of the system with double wall fiberglass line, to a point above grade at the generator room. Design shall also include containment sumps and manholes at the piping connections to the tank. Location: existing 10,000 gallon diesel UST at ]Police Dept; Additionally, Contractor will provide construction administration services as required during project construction, including but not necessarily limited to: 1. Review contractor's submittals, perform construction inspection at appropriate progress points as directed by the Contract officer, prepare required project status and construction reports, oversee environmental sampling and testing to be performed by the construction contractor, review construction change orders and payment requests. 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the following: Payments for work under the Fourth Amendment to Contract Services Agreement No. 3827 shall be made on a time and materials basis, in accordance with the Schedule of Fees Effective January 1, 1997, as follows: Contract Administration Fee: $2,880.00 Reimbursables: $1,000.00 Total Time & Materials Not to Exceed: $3,880.00 Lump sum payments for work which shall be made under this Fourth Amendment are as follows: Fourth Amendment to Tait & Assoc. Agreement #3827 Page 2 Police Dept.: Preparation of design, specifications and construction cost estimate for spill containment fill box, overfill prevention drop tube, temporary tank, repiping, containment sumps and manholes. Total Lump Sum: $7,790.00 Total Fees for Fourth Amendment: $11,670.00 All services shall be performed upon authorization by the City. Except as specifically amended by this Fourth Amendment, all terms and provisions of Agreement No. 3827, approved by the City Council on July 16, 1997, Minute Order No. 5998, remain in__full force and effect. DATED thisQni� ay o , ,Q,., 1998. TAIT & ASSOCIATES, INC. ATTEST: CITY OF M SPRINGS, ALIFORNIA 4,_ City ity Manage REVIEWED & APPROVED AS TO FORM 51 Tait & Associates, Inc. • • Design Svc. Underground Fuel Tanks - CP95-17 Amend #3 AGREEMENT #3827 M0617.7_,_ 6-17-98 AMENDMENT NO. 3 TO AGREEMENT NO. 3827 FOR DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY PROJECT NO. 95-17 The following article of Agreement No. 3827 is hereby amended to read as follows: 1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract amount of$108,889, an increase of$22,836.00 2.0 EXHIBIT "A", Scope of Work, is hereby amended by adding the following: Provide preparation of design, specifications and engineer's estimate for the abandon-in-place underground storage tanks (UST) and replacement with above ground storage tanks (AST) at the Civic Center and Sunrise Co-Gen building. Additionally, Contractor will provide construction administration services as required during project construction, including but not necessarily limited to: 1. Review contractor's submittals, perform construction inspection at appropriate progress points as directed by the Contract officer, prepare required project status and construction reports, oversee environmental sampling and testing to be performed by he construction contractor, review construction change orders and payment requests. 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the following: Payments for work under the Third Amendment to Contract Services Agreement No. 3827 shall be made on a time and materials basis, in accordance with the Schedule of Fees Effective January 1, 1997, are as follows: Contract Administration Fee: $5,760.00 Reimbursables: $1,000.00 Total Time & Materials Not to Exceed: $6,760.00 Lump sum payments for work which shall be made under this Third Amendment are as follows: Site 1, Civic Center: Abandon-in-place (1) 10,000 gallon diesel fuel UST Install (1) 1,000 gallon diesel fuel AST Diesel - Gene:rator fuel supply Site 1 Cost: $ 8,286.00 Third Amendment to Tait & Assoc. Agreement #3827 Page 2 Site 2, Co-Gen Plant: Abandon-in-place (1) 500 gallon waste oil UST Install (1) 250 gallon waste oil AST Waste oil from crankcase drains of co-generation equipment Site 2 Cost: $ 7,790.00 Total Lump Sum: $16,076.00, Total Fees for Third Amendment- $22,836.00 All services shall be performed upon authorization by the City. Except as specifically amended by this Third Amendment, all terns and provisions of Agreement No. 3827, approved by the City Council on July 16, 1997, Minute Order No. 5998, remain in full force and effect. DATED this IBev day of , 1998. TAIT & ASSOCIATES, INC. � y-0 ATTEST: CITY 0� PALWFSPRINCIS, CALIFORNIA V City Clerk City Mana r REVIEWED & APPROVED A AS TO FORM (�77 A 7 Tait & Associates, Inc. Design Svc. Underground Fuel Tanks - CP95-17 • • Amend #2 AGREEMENT #3827 M06148, 5-6-98__ AMENDMENT NO. 2 TO AGREEMENT NO. 3827-FOR — — - — -- DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY" PROJECT NO. 95-17 The following article of Agreement No. 3827 is hereby amended to read as follows: 1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract amount of$86,053.00, an increase of$5,680.00 2.0 EXHIBIT "A", Scope of Wok, is hereby amended by adding the following: Revise City Corporate Yard plans as follows: Sheet 3 - Existing propane tank to be relocated into the parking area, installed on the parking median, northeast of the existing fuel island. Three fuel above ground storage tanks will be: installed on both side of the fence south of the existing fuel island in three separate berm containment areas. The fencing will be modified to accommodate this location. The actual tank locations will be based on not disturbing the operation of the 10,000 gals. diesel underground storage tank located south of the existing fuel island. Contractor to redraw the fuel above ground storage tanks down the bermed areas to reflect the Hoover tank dimensions. Contractor to revise the plans to reflect the installation of the Pomeco "At-grade Fill Unit." in lieu of the tank fill access stairs. Contractor to revise the piping and conduit routing as required, to take into consideration the need to remove the 10,000 gal. diesel tank after the new above ground storage tanks are operational Contractor to redraw the waste oil above ground storage tank and bermed area to reflect the advanced Pacific tank dimensions. Sheet 4 - Contractor to revise this sheet to reflect the Hoover tank dimension. Contractor shall also revise the fill piping and foundation to reflect the installation of the Pomeco `At-grade Fill Unit". Sheet 5 - Contractor to revise this sheet to reflect the Hoover tank dimensions. Contractor shall also revise the fill and vapor recovery piping and foundation to reflect the installation of the: Pomeco "At-grade Fill Unit". 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the - following: Payments for work under the Second Amendment to Contract Services Agreement No. 3827 shall be made in a lump sum of$4,680.00, upon satisfactory completion of the work. In addition to the above reimbursable expenses and in accordance with Items 2, 3 and 4 of the attached Schedule of Fees, and Section 2.1 of the Contract Services Agreement, will not exceed $1,000. The grand total not to exceed $5,680.00 • • a Except as specifically amended by this Amendment, all terms and provisions of Agreement No. 3827, approved by the City Council on July 16, 1997, Minute Order No. 5998, remain in full force and effect. DATED this '2—7 day of d` 'h d _ 1998. TAIT & ASSOCIATES, INC. ATTEST: CIT PALM SP GS, CALIFORNIA CI� City Clerk WCity Manager u REVIEWED & APPROVED AS TO FORM /Z( �. �`�F`�FT'09 ";h4�ii��olE • .R-22-1998 22: 17 TAIT & ASSOCIATES r.o'/ ' AINT • • ac;,Aq TAIT&ASSOCIATeS,INC. CONSULTING ENGINEERS Civil • Planning • Surveying • Envlronmom SCHEDULE OF FEES EFFECTIVE JANUARY 1, 1997 1. Employee Classification Hourly Rate Drafter- CADD ............................................................................ $ 60.00 Designer- CADD ............................................................................ 70.00 Project Engineer/Project Manager ................................................ B0.00 Professional Engineer/Licensed Architect, Surveyor....................... 90.00 Principal/Senior Professional Engineer.......................................... 110.00 PermitProcessor ....... ................. ............................................... ............................... 50.00 Senior Permit Specialist/Research Analyst ............... .................... 70.00 SeniorSurvey Specialist............................................................................................ 7500 2 Man Field Party ........ ................................................................. 140.00 Engineering Assistant ...............................................................I... 35.00 The hourly rate for representation at hearings and meetings after 6 00 p.m. will be invoiced at 1.5 times the posted rate. 2. Mileage, Travel and Per Diem Auto Mileage: $.35 per mile Air Travel and Auto Rental: Actual cost plus 15 percent Per Diem: $100.00 per day per employee 3. Materials and Supplies Office and CADD supplies;,pre included in the hourly rates. Prints, plots and reproductions are charged at cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows: Blue Printai CADD Plots Xerox_on Bond "C" Size $1.00 $1.65/s.f. $ 5.00 "D" Size 2.00 1.65/s.f. 10.00 "E" Size 3.00 1.65/s.f. 15.00 4. Reimbursable Expenses Will be billed at cost plus 15 percent. 5. Insurance Coverage General Liability: $5,000,000 Errors/Omissions: $1,000,000 California Workers' Compensation - Statutory Certificates of insurance coverage will be provided upon request. INTEREST OF 1-1/2 PERCENT PER MONTH WILL BE CHARGED ON ALL PAST DUE ACCOUNTS. :FeeS05 11 uo Town &Country Road • Suite 1200 • Orange, CA92668 • (714) 560-6200 • (714) 5$0-B211 FAX Other Locations- San Clapo,CA - Ceroord.CA • Sacramento,CA • Phoenix.AZ • Tucson,AZ E4rahllshod 1964 TnT01 O Pd Tait & Associates, Inc. • Design Svc. Undergrnd Fuel Tanks - CP95-17 Amend #1 AGREEMENT #3827 M06098, 2-4-98 AMENDMENT NO. 1 TO AGREEMENT NO. 3827 FOR DESIGN SERVICES OF UNDERGROUND FUEL STORAGE TANKS CITY PROJECT NO. 95-17 The following article of Agreement No. 3827 is hereby amended to read as follows: 1.0 SECTION 2.1, Contract Sum, is hereby amended to provide a maximum contract amount of$80,373.00, an increase of$28,920.00. 2.0 EXHIBIT "A", Scope of Work, is hereby amended by adding the following: Provide construction contract: administration services, including but not necessarily limited to: 1. Review of contractor's submittals, construction inspection at times, as directed by the Contract Officer, preparation of project status and construction reports, oversight of environmental sampling and testing to be performed by the construction contractor, review of construction contract change orders and all payment requests. Coordination with City Construction Inspector, Riverside County and City Fire Department personnel during the construction time period, as specified in the project specifications. 3.0 EXHIBIT "C", Schedule of Compensation is hereby amended by adding the following: Payments for work under the First Amendment to Contract Services Agreement No. 3827 shall be made on a time and materials basis, in accordance with the attached Schedule of Fees Effective January 1, 1997. Total cost will not exceed the following: Site #1. $7,690.00 Site #2. $2,880.00 Site #3. $2,880.00 Site #4. $3,840.00 Site #5. $3,840.00 Site #6. $2,880.00 Site #7. $1,920.00 Total not to exceed $25,920.00. In addition to the above, reimbursable expenses in accordance with Items 2, 3 and 4 of the attached Schedule of Fees and Section 2.1, the Contract Services Agreement will not exceed $3,000.00, grand total not to exceed $28,920.00 • (i Except as specifically amended by this Amendment, all terms and provisions of Agreement No. 3827, approved by the City Council on July 16, 1997, Minute Order No. 5998, remain in full force and effect. DATED this day of -4oV' - , 1998. TAIT & ASSOCIATES, INC. M ATTEST: CITY O M SPRI S, CALIFORNIA City Clerk 7 �Ciity%Man ger REVIEWED & APPROVED A AS TO FORM ,. _•`.r',:'I-; r,yr u ;1X3U',Jr.,HL, Tait & Associates, Inc. • Design Svc. Undergrd Fuel Storage Tanks - CP95-17 AGREEMENT #3827 M05998, 7-16-97 CITY OF PALM SPRINGS Engineering Division CONTRACT SERVICES AGREEMENT FOR DESIGN SERVICES OF UNDERGROUNDING FUEL STORAGE TANKS CITY PROJECT NO. 95-17 THIS CONTRACT SERVICES -AGREEMENT (herein "Agreement") , is made �_and entered into this �_day of � /�,, , 1997, by and between the CITY OF PALMISPRINGS, a fauni ipal corporation, (herein "City") and TAIT & ASSOCIATES, INC. , (herein "Contractor") . (The term Contractor includes professionals performing in a consulting capacity. ) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1. 1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1. 4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services A FS2\276\099999-3000\2160684.2 m08/22/95 required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1. 6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. FS2\276\099999-3000\2160684.2 m08/22/95 -2- 1. 9 Special Reauiirements. 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 Fifty-One Thousand Four Hundred Fifty-Three Dollars ($51,453.00) (herein "Contract Sum") , except as provided in Section 1.8 . The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. 2 .2 Method of .Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7. 3 , City shall pay 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 FS2\276\099999-3000\2160684.2 m08/22/95 -3- by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3 . 3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF 'WORK 4 . 1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Tracy J. Letzring, Vice-President Thomas R. Turner, Vice-President It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4 .2 Contract Of:Eicer. 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 FS2\276\099999-3000\2160684.2 m08/22/95 -4- 1 is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4. 3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors") . Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6. 2 . 4 .4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall. remain at all times as to City a wholly FS2\276\099999-3000\2160684.2 m08/22/95 -5- independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5. 0 INSURANCE, INDEMNIFICATION AND BONDS 5. 1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. 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. FS2\276\099999-3000\2160684.2 M08/22/95 -6- (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 canceled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5. 1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL 30-DAY WRITTEN NOTICE TO CERTIFICATE HOLDER. Agent Initials 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, FS2\276\099999-3000\2160684.2 M08/22/95 -7- or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5. 3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5. 4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the City ("Director of Administrative Services") due to unique circumstances. In the event the Director of Administra-tive Services 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 FS2\276\099999-3000\2160684.2 m08/22/95 -8- • bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Director of Administrative services; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Director of Administrative Services to the City Council of City within ten (10) days of receipt of notice: from the Director of Administrative Services. 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 F52\276\099999-3000\2160684.2 M08/22/95 -9- 0 • or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6. 4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7. 0 ENFORCEMENT OF AGREEMENT 7. 1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7 . 2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7. 8. 7. 3 Retention oi' 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, FS2\276\099999-3000\2160684.2 M08/22/95 -1 0- however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement,. 7 . 5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7 . 6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7. 7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of N/A ($ N/A )_ as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D") . The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7. 8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all F52\276\099999-3000\2160684.2 408/22/95 -11- 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 maybe approved by the Contract Officer, except as provided in Section 7.3 . In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2 . 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages) , and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7. 10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8. 1 Non-liability of 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 FS2\276\099999-3000\2160684.2 m08/22/95 -12- that it has not paid or given and will not pay or give any third party any money or other considereition 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 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 FS2\276\099999-3000\2160684.2 M08/22/95 -1 3- 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. F92\276\099999-3000\2160684.2 m08/22/95 -14- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF SPRING a muni pal corpor i By: City M ager ATTEST: City)Clerk APPROVED AS TO FORM: C ty At .P ney CONTRACTOR: TAIT & ASSOCIATES, INC. By: 7,7- �--� Name: Thomas R. Turner Title: Vice-President Address: 1100 Town & Country Rd. Suite 1200 Orange, CA 92868 APPROVED, By`ARE MY.:OUNCI� By Na FS2\276\099999-3000\2160684.2 M08/22/95 -15- EXHIBIT "A" SCOPE OF SERVICES Prepare final design drawings, specifications, and construction cost estimate for the excavation, removal, backf ill, and regrading of site for each of 11 existing underground fuel and oil storage tanks, and construction of 9 new above-ground tanks as follows: WORK INCLUDED Participation in a preliminary design criteria meeting at City Hall. Prepare engineering drawings of each individual tank site showing present tank locations and removal details of each of the designated tank sites and, where, applicable, existing pump and dispenser equipment removal and disposition, limits of excavation for bid purposes, final backfill and grading requirements, AND design of 9 new above-ground fuel and storage tanks and pumps and/or dispensing equipment at each site, and underground leak detection system on fuel tanks, all consistent with EPA and the APWA Standard Specifications for Public Works Construction (Green Book) , 1997 edition, as applicable, and as amended in the Special Provisions. Prepare specifications Special Provisions, including technical provisions in accordance with City APWA (Green Book) Format, of Special Provisions Sections 1 through 10, inclusive, and complete the City-furnished Master front-end documents and conditions; editing of City Master documents for Special Provisions Sections 1 through 9, inclusive, and preparing of a new Section 10 in its entirety; and editing of all City- furnished front end documents as necessary, including the specifications for soils investigation and testing that will be required of the construction Contractor. All documents shall be written to comply with all applicable requirements of the City of Palm Springs and the County of Riverside Health Services Agency, and applicable federal requirements. Prepare an Engineer's Estimate of the entire project construction cost, with breakdown costs for each individual tank site. Construction cost estimate shall be itemized to show individual cost breakdown of all principal construction items, and, in the case of a unit-price contract, shall include quantity estimates of all pay line items. Attendance at engineering design review meeting at City Hall and submittal of documents at 90 percent completion. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT F52\276\099999-3000\2160684.2 W08/22/95 Making all corrections and changes to drawings and specifications as determined at the engineering design review meeting. Submit prints of preliminary design drawings for each listed tank site, and upon approval by the City, submit one Mylar of final drawings, signed by the Engineer of Record. Submittal of final Specifications, signed by the Engineer of Record, in the form of one hard copy and one MicrosoftWord 6. 0 disk copy. Prepare and submit construction cost estimates, signed by the Engineer of Record, covering all construction costs and quantity estimates of each unit price pay item, prepared on 8-1/2 x 11 sheets. Participation in the pre-bid field visitation of the project sites and answer bidder questions. Contractor to recommend and advise City as to whether new above ground tanks are the best solution for every location. If recommendation for any location is not an above ground tank, obtain City approval prior to proceeding with plans and specifications. Also included shall be services from contractor outlining complete details, including names, addresses and submittal information for all required outside agency approvals. City will perform the actual. submittals to the agencies in accordance with Contractor provided information Design is not' to include soils testing or investigations but shall provide for construction contractor to perform said testing, all in accordance with County of Riverside and City of Palm Springs, requirements. All work to be in accordance with the applicable State and Federal regulations concerning underground storage tanks. WORK NOT INCLUDED Soils investigation will not be required under this contract. Environmental assessments or impact statements will not be required. Except for participation in a pre-bid walk-through of the site and responding to bidders questions, Consultant participation will not be required during the bidding and award phase. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT F52\276\099999-3000\2160684.2 m08/22/95 i �► Inspection and contract administration is not included in this contract. Participation in testing and sampling is not included in the contract. Reproduction and binding of final bid set documents of plans and specifications, which will be done by the City. The existing 10 000 gal. underground tank at the City Hall and its above-ground replacement, and the existing 500 gal. underground tank at Co-Gen Sunrise and its above-ground replacement are not a part of this contract. PROJECT SITES AFFECTED TANKS NEW LOCATION PURPOSE COVER REMOVE NEW DISPENSER Unleaded Two One 10000 AC pvt Pump/disp CITY 6000 YARD Diesel One One 5000 AC pvt Dispenser 10000 Unleaded One One 10000 AC pvt Pump/disp 10000 Drain One 500 One 500 AC pvt none Oil AIRPORT Diesel One 500 One 500 Gravel none CO-GEN Drain One 500 One 500 PCC Pump "MUNI" Oil sidewlk AVE 34 Diesel One 300 One 250 Dirt none WWTP I Diesel One 280 One 1000 Dirt Dispenser GOLF Diesel One One 1000 Dirt & none COURSE 1000 trees WWTP GOLF Unleaded One No repla- AC pvt none COURSE 1000 cement EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT FS2\276\099999-3000\2160684.2 m08/22/95 0 0 EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.11 Insurance, first paragraph after 5.1(d) , add: "except for Professional Errors and Omissions Insurance" to the end of the first sentence. Section 5.1, Insurance, replace (d) , Additional Insurance, with the following: (d) Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than Five Hundred Thousand Dollars ($500, 000.00) per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Section 5.3, Performance Bones is waived. Section 7.7, Liquidated Damages• is waived. EXHIBIT " B" TO CONTRACT SERVICES AGREEMENT F32\276\099999-3000\2160684.2 M08/22/95 EXHIBIT "C" SCHEDULE OF COMPENSATION Payments are to be made on a lump sum basis, by location, as follows: 1. City Yard $13, 568 .00 2 . Airport $ 6, 609. 00 3. Co-Generation Plant - Muni $ 7, 082 . 00 4. Avenue 34 $ 6, 840. 00 5. Wastewater Treatment Plant $ 7, 071 . 00 6. Wastewater treatment Plant (Golf) $ 7, 533 . 00 7. Golf Course $ 2, 750. 00 Total cost, including all reimbursements per Section 2 . 1 of this Agreement, will not exceed $51, 453. 00 During the life of this contract, progress payments will be made on a percent completed basis of the above locations. Percentage of the lump sums, by location, will not exceed the following for the work tasks accomplished: 1. Site reconnaissance 5% 2. Submit and review preliminary 25% design concepts with City staff 3 . Prepare final design documents, 35% estimate, specifications and equipment selection, submit 90% complete documents to City and --attend 90% review meeting -- 4 . Complete revisions from 90% re- 25% view meeting, make final submit- tal to City staff and obtain final approval 5. Completion of bidding process, 10% including obtaining of all required outside agency approvals EXHIBIT "C" FS2\296\099999-3000\2160604.2 m06/10'CONTRACT SERVICES AGREEMENT EXHIBIT "D" SCHEDULE OF PERFORMANCE See attached Exhibit D-1. EXHIBIT "D" TO CONTRACT SERVICES AGREEMENT F52\276\099999-3000\2160684.2 m08/22/95 EXHIBf - CITY OF PALM SPRINGS DEPARTMENT OF P UNDERGROUND STORAGE TANK REMOVAL F PROJECT : NOTICE No. - 11 1 2 3 4 t PRELIMINAF-:1' DESIGN MEETING INFORMATION GATHERING RECORDS RESEARCH SITE TECHNICAL INSPECTIONS PERFORM SITE SURVEI'S PRELIMINARY DOCUMENTS PREP DRAFT SURVEYS TANK FOUNDATION CALCS 4 DESIGNS SITE PLANS AND DETAILS SPECIFICATIONS COST ESTIMATES 90% REVIEW MEETING REVISIONS FROM 905lo REVIEW SUBMITTAL "f0 CLIENT (FINAL REVIEW) FINAL REVISIONS PERMIT SUBMITTALS (OPTION) 0 PLAN CHEC< APPLICATION PREP W PLAN CHEC< SUBMITTAL AGENCY APPROVALS $ REVISIONS D- 1 L IC WORIG5 MAY 12, 199l N 1100 TOWN & COUNTRY ROA1 SUITE 1200 ^JEC+ ORANGE, CAUFORNIA 92868 7m✓ I 560-82 PROJECT SCHEDULETAIT & ASSOCIATES 1714) 560-8211 FAX INC. PROCEED 1. EE<L`r TIME }:EizIOD 5 !� 8 9 Im it 12 13 14 15 16 11 18 19 20 21 2 -L i- �O �U g O O u�t to t!- O U a° O m (ESTIMATED) Q CjORD �+ #I� _ DATE(MM/DD/YY) 1H�C 07/16l97 vRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Brokers Inc Lic#0428915 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR > ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 28202 Cabot Road,Suite 500 COMPANIES AFFORDING COVERAGE Laguna Niguel, CA 92677-1251 COMPANY A Commerce& Industry INSURED COMPANY Tait& Associates,Inc. B American International Group Tait Environmental Mgmt.Inc. COMPANY & Tait Environmental Systems C Great States Insurance Company 1100 Town & Country Rd.,#1200 Oran e, CA 92868 COMPANY GK D Northbrook Companies THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/VY) DATE(MM/DD/YY) LIMITS A GENERAL LIABILITY GL3408126 09/08/96 09/08/97 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 1000000 CLAIMS MADE rX] OCCUR PERSONAL&ADV INJURY $ 11000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one lire) $ 50000 MED EXP(Anyone person) IS 5,000 A AUTOMOBILE LIABILITY ?/X ANY AUTO CA5052308 -d09/08/96 09/08/97 COMBINE 4 SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS 7 BODILY INJURY X SCHEDULED AUTOS ',+T„ 5 y—+�-"�I qy'Lq/'�$pv - lPer person) $ X HIRED AUTOS " "TA + "�' T BODILY INJURY X $NON-OWNED AUTOS (Per accident) 9 . f. 2 2 : 1 PROPERTY DAMAGE $ GARAGE LIABILITY `" "" '"'- +Ily4 -ayst��n(�� 'AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ B EXCESS LIABILITY UMB8185418 09/08/96 09/08/97 EACH OCCURRENCE $ 4,000,000 X UMBRELLAFORM AGGREGATE $ 4,000,000 OTHER THAN UMBRFI LA FORM $ WORKERS COMPENSATION AND WC STAT U- O R TH- '; _;; ; .. � C VLIM ITS E EMPLOVEHS'LIABILITV GWN10121396 09/15/96 09/15/97 TOR EL EACH ACCIDENT $ 1000 000 PARTNETHE RS/EXECUTIVE S/EXEPROPRIETOR) INCL EL DISEASE-POLICY LIMIT $ 1000000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S 11000,000 D OTHER EQUIPMENT FLOATER 95750713 09/08/96 09/08/97 $2000 FIELD EQUIPMENT SPECIAL FORM $4399 SURVEY TOOLS DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/SPECIAL ITEMS THE CERTIFICATE HOLDER IS HEREBY NAMED AS ADDITIONAL INSURED PER THE ATTACHED CG20101185 ENDORSEMENT CERTIIIAfi<H ar�CLa YgN:,.7 g> ;131yrnt>ectur. nhriunerira3treisrurri:.;:': SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ENGINEERING DEVISION 3200 TAHQUITZ CANYON WAY 3O DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, PALM SPRINGS, CA 92262 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN: LUANNE SCvHALLER OF A§IY KIND UPON THE CO PANY, ITS AGENTS OR REPRESENTATIVES. AUTHO EDR PRESEN ATIVE .�:.:;'.::;..::...,..>::.:::::..:.:<.......:,..::.:...... . :..:.:. . � .... }....::::._.....:.:.::.::........<...:...;...;:........:;:.r:;<:...:<.::.::.':....;:,..:<:r:;::..::>..;.;.. I--"5.::;:.;;,::::-:::.::r<::..>::;. :r<re.:�;a::•;.;:;.: .<.::a'::::�'AL'`fiT3URRi,T1IAT#pM':1,$$&:. ACORD,. CERTIFI TE OF LIABILITY INS ANC OP ID G DATE (/28/0) AIT& 1 S28/O1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-347-7067 INSURERS AFFORDING COVERAGE INSURED Tait & Associates INSURERA: Commerce && Industry Tait Environmental Inc.;1 Management, INSURERS. National Union Fire Inc. ; Tait Environmental INSURERC State Compensation Ins Fund Systems P O BOX 11118 INSURER D: Santa Ana CA 92711-1118 y INSURERE' COVERAGES "fl. "Al- f° 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 W ITH 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. LTR TYPE OF INSURANCE POLICY NUMBER DAPOLICY E M /EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY GL4177155 09/01/01 09/01/02 FIRE DAMAGE(Anyone fire) $ 50000 CLAIMS MADE [�] OCCUR IVIED EXP(Any one person) $ 5000 PERSONAL B ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 1000000 X POLICY PROT LOC JEC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANY AUTO CA7665577 09/01/01 09/01/02 (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peracadent) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 4000000 B OCCUR CLAIMS MADE BE8715659 09/01/01 09/01/02 AGGREGATE $ 4000000 DEDUCTIBLE $ RETENTION $ $ TH- WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOVERS'LIABILITY 09200000185-01 07/01/01 07/01/02 ELEACHACCIDENT $ 1000000 E.L.DISEASE-EA EMPLOYEE $ 1000000 EL DISEASE-POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CERTIFICATE HOLDER(S) ARE HEREBY NAMED AS ADDITIONAL INSUREDS PER THE ATTACHED CG20101185 ENDORSEMENT. CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYPSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3_DAYS WRITTEN CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL CITY CLERK IMPOSE NO OB IGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P O BOX 2743 PALM SPRINGS CA 92263-2743 REPRES NT 1, AUTHOR EP S NTATIV / z2ng ACORD 25-S(7197) ©ACORD CORPORATION 1988 Client : 6420 TAITASSOC ACORD.M CERTIFICA OF LIABILITY INSU CE DATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P . 0. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURERS AFFORDING COVERAGE INSURED NSURERA. Greenwich Insurance Company Tait BL Associates, Inc. ------_---- - - ---- - Tait Environmental Management INSURER B P.O. Box 1 1 1 18 INSURER C — Santa Ana, CA 9271 1-1 1 1 8 INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 TypE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTfl DATE MM/DDNV DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one lire) ,$ - ]1 CLAIMS MADE L] OCCUR _MED EXP(Any one person) $ _ PERSONAL&ADV INJURY S GENERAL AGGREGATE Is GE_N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OPAGG $ POLICY PRO JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ _ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acclecal) PROPERTY DAMAGE S (Per acmtlenl) GARAGE LIABILITY r AUTO ONLY-E_A_ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY qGG S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE 7 $ _ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND ORY LIIMTS..___OEA - EMPLOYERS'LIABILITY E L,EACH ACCIDENT F.L.DISEASE-EA EMPLOYEE S EL DISEASE-POLICY LIMIT $ A OTHER Professional PEC0005795 09/14/01j09/14/021 $1, 000 , 000 Per Claim Liability I $1, 000 , 000 Annual Aggr DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Except for non-payment of premium, 10 days notice given. CERTIFICATE HOLDER ADDITIONALINSURED;INSURENLETTER: CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL 7T 96-WAX¢MAIL 3_Q_ DAYSWRITTEN Attention: City Clerk NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE P.O. Box 2743 acven�s z � a�u�os� naxflttsaasN�s�x Palm Springs, CA 92263-2743 TBE�FaLuY AUTHORIZED REPRESENTATIVE I ha ACORD25-S(7/97)1 of 1 #M65574 K 0 ACORD CORPORATION 1988 AC-RP. CERTIFICAffi OF LIABILITY INSUONC� OF ID AIT&-1 G DATE(MM DDIYY) 08/29/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW..,_ Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE 72 INSURED Tait & Associates Inc. ; INSURER A: Royal Surplus Lines Tait Environmental Systems; INSURER B National Union Fire Tait Environmental Management,Inc. et al INsuRERc Travelers Property && Casualt" P O BOX 11118 INSURER D: Santa Ana CA 92711-1118 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE MMIDDIYY DATE MWDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY K2HA123726 09/01/03 09/01/04 FIRE DAMAGE(Any are fire) $ 50000 CLAIMS MADE 7 OCCUR MED EXP(Any ane person) $ PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE S 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 1000000 POLICY rx I JEC LOC Emp Ben. 1000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1000000 C X ANY AUTO P-810-153D8178-TIL-03 09/01/03 09/01/04 (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY S X NUN-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE $ 400000 B X OCCUR CLAIMS MADE BE289-7938 09/01/03 09/01/04 AGGREGATE S 400000 S DEDUCTIBLE X RETENTION S 10000 $ WORKERS COMPENSATION AND I TORYLIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E L DISEASE�EA EMPLOYEE $ EL DISEASE-PULICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CERTIFICATE HOLDER(S) ARE HEREBY NAMED AS ADDITIONAL INSUREDS PER THE ATTACHED ENDORSEMENT. CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYPSI SHOULDANYOF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MMIL 30 DAYS WRITT CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH CITY CLERK P 0 BOX 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR PALM SPRINGS CA 92263-2743 REPRESEN TIVES. AUTH I R R ENTAT E ACORD 25-S(7197) v ©ACORD CORPORATION 198 .... .. . .. . .. .....:: ". : ::.: :..... .' .." ...:. TA111r&.1.. ....... ...,. :'. .'PAGE.'.2: NOTEPAD.'', ..INSUREDISNAM�ait & A5500iat .IMC J,q,, : ,,1 ,.,. OP,ID .GK.... .............DATE 08%29%0: ............ ...... ..... ........ .... .. .... ... .. . .. . . .. . we will endeavor to mail ten day notice of cancellation for non-payment of premium to finance company, however, failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. Aug 26 3 15: 41 P. 01 ROYAL& . SUNALLIANGE_ This Endorsement Changes The Policy. Please Read It Carefully_ ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of"your work'for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 09-017-03 forms part of Policy Number--!C HAM726 issued to Tait & Associates, Inc. et al by Royal Surplus Lines Insurance Co. Endorsement No.: ACORD,„ CERTIFICA' OF LIABILITY INSU C� OP ID G DATE(MMIDO/YY) AIT& 1 06/27/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brakke-Schafnitz Ins. Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0428915 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 28202 Cabot Road, Suite 500 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Laguna Niguel CA 92677-1251 Phone: 949-365-5100 Fax:949-365-5161 INSURERS AFFORDING COVERAGE INSURED INSURERA: State Compensation Ins Fund Tait & Associates Inc. ; Tait Environmental Management, INSURER B: Inc. ; Tait Environmental wsuRER c. Systems P O Box 11118 INSURER D: Santa Ana CA 92711-1118 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDD/YY DATE MMIDD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Flre) S CLAIMS MADE ❑OCCUR MED EXP(Any one person) 5 PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea arsdenO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X TORY LIMITS ER A EMPLOYERS'LIABILITY _ 09.2000018503 47/01/03 07/01/04 EL EACH ACCIDENT S 1000000,_ E.L.DISEASE-EA EMPLOYEE $ 10 0 0 0 0 0 E L.DISEASE-POLICY LIMIT $ 3.000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER IN I ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYP91 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITT CITY OF PALM SPRINGS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SH CITY CLERK IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P O BOX 2743 PALM SPRINGS CA 92263-2743 REPRESEN ATI S. AUTHORR PRE EN ATIVE ACORD 25-S(7197) ©ACORD CORPORATION 198 " 3 9 oZ7 CALIFORNIA PRELIMINARY NOTICE In accordance with sections 8102, 8202, and 9303, California Civil Code. THIS IS NOT A LIEN. This is NOT a reflection on the integrity of any contractor or subcontractor. OWNER or PUBLIC ENTITY or Reputed Owner (on public work) (on private work) CITY OF PALM SPRINGS PO BOX 2743 Palm Springs, CA 92263 DIRECT CONTRACTOR or Reputed Direct Contractor, if any. (on private or public work) TAIT & ASSOCIATES, INC. 701 PARKCENTER DRIVE Santa Ana, CA 92705 CONSTRUCTION LENDER or Reputed Construction Lender, if any. (on private work) NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice before making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice is required by law to be served by the undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. YOU ARE HEREBY NOTIFIED THAT... WEST COAST SAND & GRAVEL, INC. PO BOX 5067 BUENA PARK, CA 90621 (714)522-4403 (714)735-7025 relationship of claimant to the parties MATERIALS SUPPLIER has furnished or will furnish labor, services, equipment or materials of the following general description: CONSTRUCTION MATERIALS, LANDSCAPING MATERIALS, AND/OR FREIGHT for the building, structure or other work of improvement located at: 280 El Cielo Road Palm Springs, CA 92262 Contract #: Job #: The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: Tait & Associates, Inc 701 PARKCENTER DR ATTN:AP Santa Ana, CA 92705 (714)560-8222 An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: $5,000.00 Data 2/24/2023 V-I�ce Manager Signature FEB 2 S 2023 City Hall Reception Desk