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HomeMy WebLinkAbout03382 - BSI CONSULTANTS BERRYMAN HENIGAR ENGINEERING PLAN CHECK SERVICES Page: 1 Report: Expired Contracts: Oldest Date= 1 I and XREF= ENGINEERING-Summary October 22, 2003 Contract Number Description Approval Date _ Fxpiration Date Closed Date A3157 G/C Expansion Engineering Service 08/04/1993 08/01/1904 Contractor:John M. Tettemer&Assoc. Ltd. Insurance Status; Certificate and Policies are OK XREF: ENGINEERING Service: In File A3298 Traffic Engineering Service 11/03/1993 11/01/1994 Contractor:Robert Bein Wm Frost Assoc Insurance Status: Certificate and Policies are OK �JI XREF: ENGINEERING Service: In File A3382 Engrg Plan Check Services 06/01/1994 09/01/1998 1 �( Contractor;SSI 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: Cerlificate and Policies are OK ��° XREF: ENGINEERING Service: In File L A3993 Traffic Signal Design Baristo& El Cielo 06/22/1998 12/01/1998 Contractor:Katz, Okitsu &Assoc. Insurance Status:A policy will expire soon_ XREF: ENGINEERING Service: In File A4009 COGEN Chiller Maintence 07/29/1998 07/01/2003 Contractor:Carrier Building Systems Insurance Status: Certificate and Policies are OK XREF: ENGINEERING Service: In File I b_6a BSI Consultants, Inc. dba Berryman & Henigar, Inc. 6th Amend - Engr'g Plan Check AMENDMENT #3382 M06185, 7-1-98 AMENDMENT NO. 6 TO AGREEMENT NO. 3382 - - _- - - - ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS, INC. (DBA BERRYMAN & HENIGAR, INC.) The following articles of Agreement No. 3382 are hereby amended to read as follows: 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 on September 30, 1998 Except as specifically amended by this Amendment, all terms and provisions of Agreement No. 3382, approved by the City Council on the 1st day of June, 1994, Minute Order No. 5366, remain in full force and effect. DATED thise; � 4 day of agdge , 1998. L BSI CONSULTANTS, INC. (DBA BERRYMAN & hENIGAR, INC.) ATTEST: CITY OF P SPRINGS, C IFORNIA City Clerk City Manager REVIEWED & APPROVED AS TO FORM i77O r_ BSI Consultants, Inc. 5th Amend - Engr'g Plan Check AGREEMENT #3382 M06127 , 4-1-98 AMENDMENT NO. 5 TO AGREEMENT NO. 3382 ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS, INC. (DBA BERRYMAN & HENIGAR, INC.) The following articles of Agreement No. 3382 are hereby amended to read as follows: 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 on June 30, 1998. Except as specifically amended by this Amendment, all terms and provisions of Agreement No. 3382, approved by the City Council on the 1st day of June, 1994, Minute Order No. 5366, remain in full force and effect. DATED This ,'�'�2 day of J?/ L , 19986EY BSI CONSULTANTS, INC. (DBA A '& ENIGAR,fNC.) ATTEST: CITY OF PALM SPRINGS;- ALIFORNIA �ty Clerk ity Manager REVIEWED & APPROVED AS TO FORM mc) - a-- BSI Consultants, Inc. • 4th Amend - Engr'g Plan Check AGREEMENT #3382 M06073, 1-7-98 AMENDMENT NO. 4 TO AGREEMENT NO. 3382 ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS,. INC. (DBA BERRYMAN & HENIGAR, INC. ) The following articles of Agreement No. 3382 are hereby amended to read as follows: 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 on March 31, 1998. Except as specifically amended by this Amendment,, all terms and provisions of Agreement No. 3382, approved by the City Council on the 1st day of June 1994, Minute Order No. 5366, remain in full force and effect. DATED this 25Ely day of �/VirAYDA BSI CONSULTANTS, IN NE IGAR, INC. ) ATTEST: C Y OF PALM SPRING , C--AAL^LIFORNIA U City Clerk City Manager REVIEWED & APPROVED AS TO FORM i`,ail:i.. .,. , . .... �nL<,���.-��.�=/,✓�' BSI Consultants, Inc. . 3rd Amend - Engr'g Plan Check AGREEMENT #3382 MOW27-, 9-17-97 AMENDMENT NO. 3 TO AGREEMENT NO. 3382 ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS, INC. (DBA BERRYMAN & HENIGAR, INC. ) The following articles of Agreement No. 3382 are hereby amended to read as follows: 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 on December 31, 1997. Except as specifically amended by this Amendment, all berms and provisions of Agreement No. 3382, approved by the City''Council on the 1st day of June 1994, Minute Order No. 5366, remain in full force and effect. DATED this ,.�.,—day of , 1997 BSI CONSULTANTS, INC. (DB B RRYMAN & HENIGAR, INC. ) ATTEST: CITY OF PALM SPRINGS, C.ALIFORNIA City Clerk gCity Manager REVIEWED & APPROVED AS TO FORM `.�;'+�-.-✓_"(A� Berryman Henigar (BSI) Consultants - 2nd Amend Engr'g Plan Check Services AGREEMENT #3382 M05698, 2-21-96 AMENDMENT NO. 2 TO AGREEMENT NO. 3382 ENGINEER114G PLAN CHECK SERVICES BERRYMAN HENIGAR (BSI) CONSULTANTS, INC. The following articles of Agreement No. 3382 are hereby amended to read as follows: 2.0 COMPENSATION - Contract Sum. The contract sum is hereby amended from $30,000 to $60,000. Except as specifically amended by this Amendment and Amendment No.1, all terms and provisions of Agreement 3382, approved by the City Council on the 1st day of June, 1994, Minute Order No.. 5366, remain in full force and effect. DATED this �day 996. BERRYMAN HENIGAR (BSI) CONSULTANTS, INC. 11 a ATTEST: CITY ;ALMSPRIN IFORNIA City Clerk y ana r REVIEWED & APPROVED AS TO FORM MEMO TO FILE: RE: A3273 - Mainiero Smith & Assoc. A3274 - ASL Consulting A3275 - Holt Group A3277 - Sanborn Webb (now A3584 - Sanborn AE) A3382 - BSI Consultants MO5454 dated 10-19-94 extended the above agreements for three years or until 9-30-97. 0 AMENDMENT NO. 1 TO AGREEMENT NO. 3382 ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS, INC. The following articles of Agreement No. 3382 are hereby amended to read as follows: (changes or additions are in bold type) 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 O fffif 6JVcVd'u(t¢ ogil(d4/yoa&lfrb(r AH61d'at6Me4kbf1 0 19�9970' / In. Q. SYs�y' Except as specifically amended by this Amendment, all terms and provisions of Agreement 3382, approved by the City Council on the 1st day of June, 1994, Minute Order No. 5366, remain in full force and effect. DATED this `j-5Aday of CLlb?F-CL_ 1994 BSI CONSULTANTS, INC. ATTEST: CITY OF C IFORNIA 7 ;; � � Z_ City Clerk ity Manag r REVIEWED & APPROVED AS TO FORM APPROVED BY THE CITY COUNCIL BYsR�. U 1,9 3- � • • BSI Consultants, Inc. Amend #1 - Engineering Plan Check Serv. AGREEMENT # 3382 M05454, 10-19-94 AMENDMENT NO. 1 TO AGREEMENT NO. 3382 ENGINEERING PLAN CHECK SERVICES BSI CONSULTANTS, INC. The following articles of Agreement No. 3382 are hereby amended to read as follows: (changes or additions are in bold type) 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 specifically amended by this Amendment, all terms and provisions of Agreement 3382, approved by the City Council on the Isl day of June, 1994, Minute Order No. 5366, remain in full force and effect. DATED this day of M-TG'�O? 1994 BSI CONSULTANTS, INC. ATTEST: CITY OF CA FORNIA City Clerk rt anager REVIEWED & APPROVED AS TO FORM it PlyA`T "jiA��V'1 f'i ��:+ny Ty 4.0,L E'r".t In rX M) i 3 35' , I BSI Consultants Inc. Engineering Plan Check AGREEMENT #3382 M05366, 6-1-94 CONTRACT SERVICES AGREEMENT FOR ENGINEERING PLAN CHECK SERVICES THIS CONTRACT SERVICES AGREEMENT "Agreement") , is made and entered into this day of , ��- — , 1994, by and between the CITY OF PALM SPRINGS, a m " icipal corporation, (herein "City") and BSI CONSULTANTS, INC. (herein "Contractor") . The parties hereto agree as follows: 1. 0 SERVICES OF CONTRACTOR 1. 1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. 1. 2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid which shall ]�e incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1. 3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1. 4 Licenses, Permits , Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for ,any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. FS1\276\099999-3000\29113.1 05/16/94 Q_1_.. r 4 ` 1. 5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1. 6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1. 7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1. 8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and./or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of five percent (5%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or F51\276\099999-3000\29113.1 05/16/94 -2- time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1. 9 Special Requirements. Additional terms and conditions of this Agreement., if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2 . 0 COMPENSATION 2 . 1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Thirty Thousand Dollars ($30, 000. 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. FS1\276\099999-3000\29113.1 05/16/94 -3- 3 . 0 PERFORMANCE SCHEDULE 3 . 1 Time of Essence. Time is of the essence in the performance of this Agreement. 3 . 2 Schedule of ]Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall, perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3 . 3 Force Majeure. 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: SC077T R. FAZEKAS FS1\276\099999-3000\29113.1 05/16/94 -4- It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4 . 2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4 . 3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City._ Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent: (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The city's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the juris- dictional 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 FS1\276\099999-3000\29113.1 05/16/94 -5- 0 0 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 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 FS1\276\099999-3000\29113.1 05/16/94 -6- $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 $5O0, OOO. 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, 0oo. 00 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250, 000 . 00 per person and $500, 000. 00 per occurrence and property damage liability limits of $100, 000. 00 per occurrence and $250, 000. 00 in the aggregate or (ii) combined single limit liability of $500, 000. 00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5. 1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. 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 FS1\276\099999-3000\29113.1 05/16/94 -7- activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4. 3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5. 1. 5 . 2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party -to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. FS1\276\099999-3000\29113.1 05/16/94 -8- 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 Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the: performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 6. 0 RECORDS AND REPORTS 6. 1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. F51\276\099999-3000\29113.1 05/16/94 -9- 6 . 2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6 . 3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6. 4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7 . 0 ENFORCEMENT OF AGREEMENT 7 . 1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any, dispute, claim or matter arising out of or in relation to this .Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. FS1\276\099999-3000\29113.1 05/16/94 -10- 7 .2 Disputes. I'n 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 tape legal action in the event that the dispute is not cured, provided that nothing herein shall limit city's or the Contractor' s right to terminate this Agreement without cause pursuant to Section 7. 8 . 7 . 3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 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 FS1\276\099999-3000\29113.1 05/16/94 -1 1- 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 NONE ($_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. Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any servi'-ces authorized by the Contract officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7. 3 . In the event of termination without cause pursuant to this Section, the terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7 . 2 . 7 . 9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor FS1\276\099999-3000\29113.1 05/16/94 -12- shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages) , and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7 . 10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees 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 riot 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 Ilnterest. No officer or employee of the City shall have any financial. interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8 . 3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. FS1\276\099999-3000\29113.1 05/16/94 -1 3- 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 Severabilitv., 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 unenforceabi.lity shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9 .5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. FS1\276\099999-3000\29113.1 05/16/94 -1 4- • i IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY 0F� GS, a mu}xlCipal corpor n By: ! ,. �v Z�� By. City Clerk City r APPROVED AS TO FORM: RUTAN & TUCKER �y David J: Aleshire City Attorney CONTRACTOR: BSI CONSULTANTS, INC. By: Name: Scott R Fazekas Title: Senior Vice-President Address: 777 E. Tahquitz Canyon Way Suite 200 Palm Springs, CA 92262 GUNCIL rV FS1\276\099999-3000\29113.1 05/16/94 -1 5- EXHIBIT "A" SCOPE OF SERVICES Provide plan check service, for street improvement plans, grading plans, storm drainage plans, sanitary sewer plans and subdivision maps. All plan check services shall be in conformance with the City of Palm Springs Standard Details, State of California Standard Details and the Standard Specification For Public Works Construction. Provide other general engineering services as needed. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT F51\276\099999-3000\29113.1 05/16/94 EXHIBIT "B" SPECIIAL REQUIREMENTS SECTION 7.7 LIQUIDATED DAMAGES and 5. 3 PERFORMANCE BOND is hereby waived. SECTION 6. 2 RECORDS is amended to require all records shall be returned to the City of Palm Springs for storage and filing upon completion of plan check. Upon completion of plan check, the plans will be signed and stamped by the registered engineer who reviewed the plans, recommending approval by the City. EXHIBIT "B" TO CONTRACT SERVICES AGREEMENT FS1\276\099999-3000\29113.1 05/16/94 EXHIBIT "C" SCHEDULE OF COMPENSATION STREET PLANS $ 625 PER SHEET CHECKED SEWER PLANS $ 500 PER SHEET CHECKED STORM DRAIN $ 625 PER SHEET CHECKED (NON-CVWD, NON-RCFC) GRADING PLANS: A. Less than 15, 000 S.F. $ 625 PER SHEET CHECKED B. 15, 000 S.F. TO 4 AC. $1, 000 PER SHEET CHECKED C. 4 + AC. $1, 800 PER SHEET CHECKED SUBDIVISION MAPS: 4 LOTS OR LESS $ 750 PER SHEET CHECKED 5 LOTS OR MORE $1, 000 PER SHEET CHECKED Payment shall be for up to 3 submittals for plan check on a project. Additional per sheet charge of half (1/2) the above may be made on the fourth (4th) resubmittai for plan check. Request for payment for plan check services shall be made after submittal of plans for City approval. Payment shall be lump sum. General engineering services shall be paid in conformance with Exhibit C-1. Payment for general engineering services shall be in conformance with Section 2 . 2 . EXHIBIT "C" TO CONTRACT SERVICES AGREEMENT F51\276\099999-3000\29113.1 05/16/94 EXHIBIT "C-1" SCHEDULE OF COMPENSATION The Schedule of Compensation Exhibit "C-1" shall be used to provide for General Engineering Services. General Engineering Services shall adhere to the provisions of Section 1.8, Additional Services. (See attached schedule) EXHIBIT "C-1" TO CONTRACT SERVICES AGREEMENT F51\276\099999-3000\29113.1 05/16/94 451IS94 BSI CONSULTANTS INC. F-15- TT.-611 P-002 MAY 27 194 Oe:37 $ C C"WMTAWM INC. SCMKIM OF HOURLY RATES PROFEMOVAL PEM07;NWg CLASS=AHQHOURLY HOURLY, N RATE CLA TIN RATE BrAmt Testimony 195.00 Tocliniclan 1 35.00 senior pimclpd Consultant 185.00 Principal Landscape Architect 135.00 Pnaeipal COurultam 146.00 Senior.i andscape Architect 103.00 Principal Rwinaw 135.00 landscape Arc hbad 99.00 Senior Associate 113.00 Associate Landscape Archimea 92,00 Aslaci;ft 103.00 Assistant lmndacape Ardit rt 70.00 seaiar 304.00 Licensed Land Surveyor 87-0p _.._..92.09Engineer .S isir _ins S=Rre�-=' Il 81.00 ZrPwson Survey Crew, 163.00: . Survey Crew Senior Specialist 103.00 . sntveY An Senior aty�yst 191.00 . Sl_00 spaddistin 92-00 Survey Analyst XOD II I 81-W Senior Right-of-Wa9 A1[enk 92 A0 PIS III '70-W Ri1li�Way Age* 7ao0 81-00 Atul3stant ftbt-of--Way Agcmi 55.00 der I MAD Senior Inspganr 70.00 - s r Desigtn7 97.00 .lnspcCtor bD-00 Designer 70.00 See>W Co==Admimsa=r 71-00 Senior DrAft 60_00 Coatra't A d��r 6i_00 D sent 49M Nuclear Gauge A Operaror, 4&OD 60-00 Building Official 94100 Plan.Chwker IV .. 92.00 Senior Prowannact 76.00 Plan Chedcor III 81.00 Programmer 60-00 Plan CboOIgr 11; 76-00 C add Designer 91.00 Plan Mocker 1 70.00 Ladd O,permor 11 .70-M TeddAlitn VI 76.00 Cadd Operawrl 60_00 TedmiciII V 65-00 Word Processor III 6100 'Ybdmidan>R 46 00 Word Pmrarrer I -- 39A0 Tecbni6mH 39.00 cirical 33.00 El2II T: 300URLY T5�' E- BATE . -Dyers 125.00 Imvads CARD Design 24.00 Nkrostatica CADD Draftim 12.00 plouff 11.00 Out-of-pocket apes "mquintit .xcpvjuc;d ,and prime will be iavofeW at-am pins 1s% A 15%fee for admi n Uadon,taoadbmf=and handling WMM2(jdgdtosobco8trActadxffVicm wall be invoiced at SO-Wmc1e- Scheduled,ovcrtitn a wl bo pcdmmgd at LUS of BSPs standard ila Tbis Schedule of Houdy Rates is eff=tivg as of Apa 1. 1992. Rams may he ad 22s to fur labor oust Successor and oihw increaana due to trends n 30 days tten notice. _ BSI M115 5l3192 Znn r91 l VS nrnn nsn &T.l rr•en au ins.-A EXHIBIT "D" SCHEDULE OF PERFORMANCE Plans for checking shall be picked up at Palm Springs City Hall within forty-eight (48) hours of notification. Plans shall be checked and returned with comments in writing within two (2) working days, plus one (1) working day per sheet checked following pick-up. Example of 3 sheet plan check performance: Notified on Day One (1) . Pick up by Day Three (3) . Return by Day Eight (8) . Working days are Monday - Friday, not counting holidays. This contract may be terminated in conformance with Section 7. 8 . EXHIBIT "D" TO CONTRACT SERVICES AGREEMENT FS1\276\099999-3000\29113.1 05/16/94 /y���1FY ■■yFIC ISSUE DATE (MM/DD/YY)�y.I,y�.1 � 3i!#..� TrN O1G{ ,: IlNit�rf .... 05 18 94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT DAVID BULEN INSURANCE POLICIES BELOW.' EXTEND OR ALTER THE COVERAGE AFFORDED BY THE R.0 BOX 115 COMPANIES AFFORDING COVERAGE LAKE ELSINORE CA 92531-0115 COMPANY A C N A INSURANCE CO LETTER COMPANY B INSURED LETTER SI CONSULTANTS, INC. , COMPANY (n C ENIGAR & RAY, INC. & LETTER MPLOYMENT SYSTEMS, INC. COMPANY D 16880 W. BERNARDO #100 LETTER AN DIEGO , CA 92127-1616 COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C, I FICA i E MAYBE ISSUED OR MAY PERTAIN,TH.INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TG ALL THE TER."AS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O POLICY EFFECTIVE PGLICYFXPIRATIO TYPE OF INSURANCE POLICYNUMBER LIMITS TR DATE (MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY OF128170610 12/31/93 12/31/94 G EN ERAL AGO R EGATE $ 1,000 ,00( CMMERCIAL GENERAL LIABILI PRODUCTS-COMP/OPAGG. $ 1,000,50 LAIMS MADEFj ]OCCUR. PERSONAL&ADV.INJURY $ ], 000 000 OWNER'S&CONTRACTOR'SPROT. EACH OCCURRENCE S 1 000 000 FIRE DAMAGE(Anyone tire) $ 50, 00( MED.EXP.(Any one person) $ 5 00 AUTOMOBILE LIABILITY BUA128170624 12/31/93 12/31/94 COMBINEDSINGLE ANYAUTO LIMIT $ 1, 000 , 00C ALL O WNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) S HIRED AUTOS BODILY INJURY NON-OWN ED AUTOS (Peraccldenl) S GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY CUP128170638 12/31/93 12/31/94 EACH OCCURRENCE $ 5 , 000 , 0001 UMBRELLA FORM AGGREGATE $ 5,000 , 000 OTHER THAN UMBRELLA FORM . WC128170641. 12/31/93 12/31/94 sTAruroaYUMITs WOBY.EIVSCOMPENSAT:ON -- —_ -- __ - _ - AND EACH ACCIDENT S 1 , 000 ,00 EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT $ 1 000 000 DISEASE-EACH EMPLOYEE $ 1,000 ,00 OTHFPROPERTY OF128170610 12/31/93 12/31/94 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS 10 DAY NOTICE OF CANCELLATION WILL BE ISSUED FOR NONPAYMENT OF PREMIUM. WAIVER F SUBROGATION INCLUDED FOR WORKERS COMPENSATION COVERAGE . CERTIFICATE HOLDER S NAMED ADDITIONAL INSURED IN REGARDS TO GENERAL LIABILITY AND AUTO COVERAGE. "CERTIMCATEHOLDER GANCELCA 1DN.. . . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF PALM SPRINGS MAIL 'I n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE THE CITY, ITS OFFICERS, LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR EMPLOYEES AND AGENTS LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. P.O. BOX 2743 AUrF�oBlz OREPRESENTATIVE PALM SPRINGS CA 92263-2743 ;:;;i ,y fJ � FiCOAi}25 SE7�B:F!1:. :: :;:; : ..':.; : '.': ;: .>,;.�'" ;;: ' ' . : :.`, ' .;;. ' j'.;; t�?ACORDICORPf➢RATItfN`1�9Q� ACORD CERTIFIC OF LIABILITY INSU NCR RO DATE(MMIDO/YY) ICOO 12/28/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MERIDIAN INSURANCE SERV. INC. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4501 E. LA PAL14A AVE. STE. 150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM CA 92807- Phone: 714-693-9100 Fax:714-693-9108 INSURERS AFFORDING COVERAGE INSURED INSURER A. Transcontinental Ins. Co. „--,n- 1/'� - I INSURER B: Transportation insurance/ CO Berryman & Henigar Inc Berryman & Henigar Enterprises INSURERC: Valley Forge Ins. Co. ( NA) 1159D W. Bernardo Ct #100 wsuRER D: State Compensation Ins Ic �i, .h San Diego CA 92127-M4 '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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 I�TRR TYPE OF INSURANCE POLICY NUMBER DATE MM/DOm E DATEYMDI EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A �X COMMERCIAL GENERAL LIABILITY TCP1075166588 12/31/01 12/31/02 jFIRE DAMAGE(Any one fire) $ 50,000 �__.- CLAIMS MADE I-XI OCCUR MED EXP(Any one person) $ 5,000 X Owner/font Prot. PERSONAL&ADV INJURY $ 1,000,000 y GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S1,000,000 X POLICY ECT-1 PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT --� $ 1,000,000 C X ANY Auro BUA1073310420 12/31/01 12/31/02 (Ea accident) ALL OWNED AUTOS BODILY INJURY i� SCHEDULED AUTOS (Per person) $ i HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ $500 DED COMP/COLL (Per accident) I GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO j OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY r� EACH OCCURRENCE $ 5,000,000 B X OCCUR a CLAIMS MADE CUP2049769654 12/31/01 12/31/02 AGGREGATE S I DEDUCTIBLE $ xi RETENTION S 10,000 j S WORKERS COMPENSATION AND h I TORV LIMI7S! ER D iEMPL0YER5'LIABILITY 160772601 (CA) 09/30/01 09/30/02 E.L.EACH ACCIDENT $ 1,000,000 O WC10 5 677 9 83 2 (FL-AZ-NV) 12/31/01 12/31/02 EL.DISEASE-EA EMPLOYE $ 1,000,000 EL DISEASE-POLICY LIMIT 1 $ 1,000,000 OTHER A Inland Marine TCP1075166588 12/31/01 12/31/02 Equipment $54,634 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER IS HEREBY NAMED AS ADDITIONAL INSURED PER ATTACHED. *10 DAYS NOTICE FOR NON-PAYMENT OR NON-REPORTING CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION CITYPS2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF PALM SPRINGS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN PUBLIC WORKS DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ENGINEERING DIVISION IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE NSURER,ITS AGENTS OR P.O. BOX 2743 PALM SPRINGS CA 92263-2743 REPRESENTATIVES. Nickie Hea h ACORD 25-S(7/97) ©ACORD CORPORATION 1988 G17957F42 0498 . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1.Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." B.The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a.Your premises; b."Your work"for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of"your work." 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a."Bodily injury"or"property damage"occurring after: (1)All work on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been Completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of"your work." 4. The insurance provided to the additional insurance does not apply to "bodily injury," "property damage,""personal injury," or"advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, ap roving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, fpeld orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended with the addition of the following: 4,Other Insurance b, Excess Insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, 1 of 2