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Contract 1745
C I1 � f � AGREEMENT FOR SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND Demo Unlimited, Inc. This Agreement for Services ("Agreement") is entered into as of J01nv l , 2016("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and Demo Unlimited, Inc., a California Corporation ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for quotations the performance of the services defined and described particularly in Section 2 of this Agreement. B. Service Provider, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 25 working days commencing on the Effective Date. 1 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one hundred twenty six thousand three hundred seventy nine dollars and ninety cents ($126,379.90), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" • or Section 27 "Amendment" of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection 2 (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. 3 SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS. (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City. 4 (c) Neither Service Provider, nor any of Service Provider's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service Provider may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Service Provider warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. SECTION 11. PREVAILING WAGE LAWS It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, 5 "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. SECTION 13. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider's performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service 6 is Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider, in the performance of professional services under this Agreement. 7 yi (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 16. INSURANCE. 8 Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if • so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons • and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effort to maintain the stability and • continuity of Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. • SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty(30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 9 2: "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 20. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 22. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: 10 To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Service Provider Demo Unlimited, Inc. Attn: Linda Smith 51350 Desert Club Drive, Suite 3 La Quinta, CA 92253 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. SECTION 25. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. 11 SECTION 28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 33. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. 12 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY Demo Unlimited, Inc. , C12,2<t-e___,`"j2 Charles P. McClendon By:t-,vg..�S -we FF City Manager Its: P4-.5G:cc ��►� `� ATTEST: By: Its: Ga F. Howell City Clerk APPROVED AS T* 0- • 4/ Eric S. Vai City Attorney NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. 13 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) COUNTY OF RIVERSIDE ) 1310 On O 1 , 20 •, before me, S• if*V. ScL1/1G1 (\i0+016 al., Date And Title Of Officer(94." aneboe Notary Publ c") personally appeared ( ,,'h1ISt() ho( etrrie '(-(/ LCU l 1 )( Q� ame ofSigner(s N ) who proved to me on the basis of satisfactory evidence to be the person(k whose name(s)- is/W1 subscribed to the within instrument and acknow edged to me that he/s !tI* executed the same in his/ 4/ifauthorized capacity(J, and that by S.A.SANCHEZ his/ her/their signature() on the instrument the personK, or the 3 •Awr Co talon#2099973 Z entity upon behalf of which the person*acted, executed the z'r�z i• Notary Public'California > instrument. i�� n% RMt$ide County t M Comm. Mar12.2019� I certify under PENALTY OF PERJURY under the laws of the ' " "' " " ' - " State of California that the foregoing g g paragraph is true and correct. WITNESS hand • • •fficial seal. fl / - igna ure o otary -u•is OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: - Individual Corporate Officer Tide(s) Title or Type of Document " Partner(s) Limited ' General Attorney-In-Fact Number Of Pages " Trustee(s) " Guardian/Conservator " Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. , ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2016, before me, Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared , Name of Signer(s) who 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 that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional,completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACITIES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) .. Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above i 4 EXHIBIT "A" SCOPE OF SERVICES I. Service Provider will perform the following Services: Lot A Site Services as described on the attached Estimate #2652, dated 12/20/17. II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City: Lot A Site Services as described on the attached Estimate #2652, dated 12/20/17. III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports: Upon completion of the Lot A Site Services as described on the attached Estimate #2652, dated 12/20/17. IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule: Upon completion of the Lot A Site Services as described on the attached Estimate#2652, dated 12/20/17. V. Service Provider will utilize the following personnel to accomplish the Services: Demo Unlimited, Inc. - prevailing wage paid employees. VI. Service Provider will utilize the following subcontractors to accomplish the Services: None. A-1 EXHIBIT "B" COMPENSATION I. Service Provider shall use the following rates of pay in the performance of the Services: A. Estimate 2652 12/20/2017 Lump sum/Prevailing wages II. Service Provider may utilize subcontractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ (N/A) per hour without written authorization from the City Manager or his designee. B-1 Demo Unlimited, Inc Estimate 51-350 Desert Club Dr#3 La Quinta, Ca 92253 DATE ESTIMATE# 12/20/2017 2652 NAME/ADDRESS THE CITY OF CATHEDRAL CITY ATTENTION:JOHN A.CORELLA,P.E. 68700 AVENIDA LALO GUERRERO CATHEDRAL CITY,CA 92234 DESCRIPTION TOTAL RE:LOT A SITE SERVICES, 7.49 acres,located north of Ramon Road adjacent to the westside of the Whitewater River Channel bank in the Dream Homes Neighborhood. SCOPE OF WORK: Provide and furnish all materials,equipment,tools,labor and incidentals to complete the work as shown on the Plans in the RFQ and Contract Documents. CLEARING AND GRUBBING: Survey to set stakes prior to start of cleanup. Remove all rubbish stockpiles and debris.Remove all trees and bushes.Haul to approved dump. Soil stockpile/blow sand and natural rock is not to be removed. Materials(tires,cars and hazardous materials)that cannot be legally disposed in a Class III Landfill will be stockpiled on site for removal by others. UNCLASSIFIED EXCAVATION: Grade approximately one acre to+/-.30,including rough grading,moisturizing and compacting soil. Export of dirt is not included in this price. All material once cleaned to be graded flat and left onsite. SOIL STABILIZATION: Apply City-approved soil stabilizer to entire site LUMP SUM PRICE 126,379,90 NOTES: Price includes permits and prevailing wage. Work will conform to current Coachella Valley State Implementation Plan(CVSIP)for PM-10. } THIS ESTIMATE IS GOOD FOR 30 DAYS. TOTAL $126,379.90 EXCLUSIONS: I.)Demo Unlimited is not responsible for the performance of any hazardous material testing or removal,including asbestos and lead. SIGNATURE 2.)Any items,not mentioned in this estimate,buried beneath the surface, such as footings,slabs,and septic tanks,will be removed and charged on a SIGNATURE time and materials basis. '''',,,.1-',,,.,'''''''''''''''''''''''''''''''''''''' EXHIBIT "C" INSURANCE A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance: Only the following "marked" requirements are applicable: X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim. C-1 k: ir F X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider's profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Coverages. • a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. • 2. Commercial General Liability and Automobile Liability Coverages. •, • a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider's insurance. C-2 • c. Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-3 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) f coRD 1/15/2018 1 HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE F OLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE FFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. p I I v1PORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGRATION IS WAIVED, 'subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson CONTACT NAME:San Bernardino 12980 Metcalf Ave Suite 500 PHONE(A/C,No Ext):(909)890-3633 FAX(NC,NO):(360)828-0699 Overland Park KS 66213 EMAIL ADDRESS:Rachael.Budrik@bbsihq.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Company 22667 � INSURED INSURER B: Barrett Business Services,Inc.UC/F INSURER C: DEMO UNLIMITED,INC. INSURER D: 81750 AVENUE 50 INSURER E: INDIO,CA 92201 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMB" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T' . OLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH" IHIS CERTIFICATE MAY BE ISSUES OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,E) . JSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea $ occurence) 1 CLAIMS-MADE OCCUR MED EXP(Any one person) $ a PERSONAL 8 ADV INJURY $ I ? GENERAL AGGREGATE $ r GEN'LAGGREGATE LIMIT APPLIES PER: 7 POLICY ISI PROD [I LOC PRODUCTS-COMP/OP AGG $ l I I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ i ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY(Per accident) $ I t PROPERTY DAMAGE $ g $ s 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ i - EXCESS LIAB OCCUR AGGREGATE -$ 1 DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' RWC 07/01/17 07/01/2018 ✓ WC STATU- OTH- LIABILITY YM TORY LIMITS ER �' y 064388137 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? Covered states: E.L.DISEASE-EA EMPLOYEE $2,000,000 (Mandatory In NH)If yes,describe under CA DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to I the Loss,insurer hereby agrees to also waive our right of recovery but only with respect to such Loss. i t g1 a I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE ) City of Cathedral City Attn:City Manager POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero AUTHORIZED REPRESENTATIVE Cathedral City CA 92234 Authorized Rep 1 c) 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD. s ) a 1 AGENCY CUSTOMER ID: I LOC:#: I i 1 1 ACOREP kift...... "--- ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED: j Barrett Business Services, Inc. UC/F I Arrowhead General Insurance Agency DEMO UNLIMITED, INC. ? POLICY NUMBER 81750 AVENUE 50 INDIO, CA 92201 I RWC C64388137 l 4 CARRIER NAIC CODE ACE American Insurance Company 22667 EFFECTIVE DATE: 07/01/17 ADDITIONAL REMARKS I 5 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, i FORM NUMBER:25 FORM TITLE:Certificate of Liability(01/14) 1 CERTIFICATE HOLDER: City of Cathedral City Attn:City Manager 1 ADDRESS: 68-700 Avenida Lalo Guerrero Cathedral City CA 92234 Blanket Waiver Included in favor of the City of Cathedral City and its respective elected and appointed officers, officials, and employees and volunteers. All California Operations. t 1 j f 3 I I 1 k i I 1 t 1 l i i ACORD 101 (2008/01) c)1988-2010 ACORD CORPORATION.All rights reserved. E The ACORD name and logo are registered marks of ACORD. F i ¢ R 4 T i I 3 , WorkersCompensation and Employers'Liability Policy • Named Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. UC/F DEMO UNLIMITED, INC. Policy Number 8100 NE PARKWAY DRIVE,STE.200 VANCOUVER WA 98662 Symbol: RWC Number:C64388137 Policy Period Effective Date of Endorsement 07-01-2017 TO 07-01-2018 07-01-2017 • Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: x ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL CALIFORNIA OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2 0 percent of the California premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Minimum Premium : $0 411111111.411.1.- Authorized Agent 3 WC 99 03 22 4 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) `.----- 1/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER Venbrook Insurance Services CA Lic OD80832 NAMEACT 6320 Canoga Avenue, 12th Floor PHONE FAX Woodland Hills, CA 91367 (A/C.No.Eat): 818-598-8900 (A/C,No): 818-598-8910 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www.venbrook.com INSURERA: Navigators Specialty Insurance Company 36056 INSURED INSURERB: Wesco Insurance Company 25011 Demo Unlimited,Club Dr Ste 3 INSURERC: United Specialty Insurance Company 12537 51350 Desert La Quinta CA 92253 INSURERD: INSURER E: • INSURER F: COVERAGES CERTIFICATE NUMBER: 39897830 REVISION NUMBER: 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 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDDNYYY) LIMITS A i COMMERCIAL GENERAL LIABILITY i / LA17CGL205290IC 12/15/2017 12/15/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE ✓ OCCUR PREMISES Ea RENTED cccur ence) $50,000 ✓ BFPD/XCU/OCP MED EXP(Any one person) $5,000 ✓ Contractual PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ Tei LOC PRODUCTS-COMP/OP AGG $2,000,000 _ OTHER: $ B AUTOMOBILE LIABILITY / ✓ WPP1406448 02 12/15/2017 12/15/2018 FEO eBcllJEXINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS g HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY (Per accident) C / UMBRELLA LIAR ,/ OCCUR BTN1714301 12/15/2017 12/15/2018 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $8,000,000t. _ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under s DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) f RE:New Contract for Catherdral City **SEE ATTACHED ADDENDUM** 4 t CERTIFICATE HOLDER CANCELLATION Cityof Catherdral CitySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN I Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero Cathedral City CA 92234 AUTHORIZED REPRESENTATIVE J I (WH)Yvonne Alfaro i s ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 39897830 117-18 GL AL EX 1 (WH) Gabriela Covarrubiaa 1 1/16/2018 8:57:41 AM (PST) 1 Page 1 of 10 AGENCY CUSTOMER ID: LOC#: ACO ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Venbrook Insurance Services CA Lic OD80832 Demo U xert Cl Inc. 51350 Deesert Club Dr Ste 3 POLICY NUMBER La Quinta CA 92253 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER:City of Catherdral City Attn: City Manager ADDRESS:68-700 Avenida Lalo Guerrero Cathedral City CA 92234 RE: New Contract for City of Cathedral City The City of Catherdral City and its respective elected and appointed officers, officials , and employees and volunteers are named as Additional Insured's under the General Liability and Automobile Liability policy if required by written contract with the Named Insured but only for coverages and limits provided by the policy and the additional insured endorsement. Waiver of Subrogation applies to General Liability and Automobile Liability. *10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days All Others. ) 2 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 39897830 1 17-18 GL AL EX 1 (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 2 of 10 3 POLICY NUMBER:LA17CGL205290IC COMMERCIAL GENERAL LIABILITY Demo Unlimited, Inc. CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations As required by written contract. If required by your agreement with such Additional Insured. Additional Insureds shown in a written contract,or written agreement that includes primary and non- contributory wording where required. If anyone, other than the Additional Insured, provides similar insurance for the Additional Insured, then this insurance will apply as outlined in SECTION IV — COMMERICAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, subparagraph c. Method of Sharing. The inclusion of one or more Insured(s) under the terms of this endorsement does not increase our limits of liability. All other terms and conditions remain unchanged. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 2. The acts or omissions of those acting on your include as an additional insured the person(s) or behalf; organization(s) shown in the Schedule, but only in the performance of your ongoing operations for with respect to liability for"bodily injury", "property the additional insured(s) at the location(s) damage" or "personal and advertising injury" designated above. caused,in whole or in part, by: 1. Your acts or omissions;or However: CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 39897830 1 17-18 GL AL EX 1 (WH) Gabriela Covarrubiaa 1 1/16/2018 B.57:41 AM (PST) 1 Page 3 of 10 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted by Insurance shown in the Declarations; law; and 2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the This endorsement shall not increase the insurance afforded to such additional insured applicable Limits of Insurance shown in the will not be broader than that which you are Declarations. required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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 a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 39897830 1 17-18 GL AL EX 1 (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 4 of 10 POLICY NUMBER:LAI7CGL205290IC COMMERCIAL GENERAL LIABILITY Demo Unlimited, Inc. CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Whereas Required by Written Contract Information required to complete the Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. fi CG 24 04 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 1 0 39897830 i 17-18 GL AL EX 1 (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 5 of 10 I I Demo Unlimited,Inc. POLICY NUMBER:wpP1405448 02 COMMERCIAL AUTO CA990187 0715 1 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION I ENDORSEMENT _ 4 This endorsement modifies insurance provided by the following: 1 BUSINESS AUTO COVERAGE FORM $ With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply 1 unless modified by the endorsement. XA. Newly Acquired or Formed e. An "employee"of yours is an"insured" Organizations, Employee Hired Car while operating an"auto" hired or rented , Liability and Blanket Additional Insured under a contract or agreement in that k Status for Certain Entities. "employee's" name,with your Item 1.Who is an Insured of Paragraph A. permission, while performing duties ; Coverage under SECTION ll—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are F amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional } form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by 1 over which you maintain ownership of a such agreement. majority interest(greater than 50%), will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4)of a. Supplementary Payments (1) coverage under this provision is of Item 2.Coverage Extensions of j afforded only until the 180th day Paragraph A.Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period,whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to"bodily incurred by the"insured"at our , injury", "property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to$1,000 per day ) that results from an"accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered I formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. i, other similar insurance available to Exclusions under SECTION II—COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: t available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury"results from the use of a covered "auto"you own or hire. Such coverage as This insurance does not apply if is afforded by this provision is excess over E coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. t. i s CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission 39897830 1 17-18 GL AL EX 1 (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 6 of 10 k. E> i 1 i I I D. Limited Automatic Towing Coverage G. "Personal Effects" Coverage Item 2.Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A. Coverage, under SECTION III - COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is i amended to add: I 2. Towing "Personal Effects"Coverage We will pay for towing and labor costs each time that a covered"auto" is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects"of the"insured"while in I the place of disablement of the covered a covered"auto" subject to a maximum "auto". limit of$2,500 per"loss", for that covered 6 "auto"caused by the same"accident". No a. The limit for towing and labor for deductible will apply to this coverage. I each disablement is$500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions, of I Paragraph A. Coverage, under SECTION E. Item 3. Glass Breakage—Hitting A Bird III. PHYSICAL DAMAGE COVERAGE, is iE Or Animal—Falling Objects or Missiles of amended to add: Paragraph A.Coverage under SECTION III I —PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting"downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage"loss"to a We will waive the Comprehensive covered"auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day,for a maximum of 30 days for the r your covered "auto", for glass repairs. We same physical damage"loss", subject to the following conditions: will repair at no cost to you, any glass that I can be repaired without replacement, provided the"loss"arises from a covered a. We will provide"downtime loss" beginning Comprehensive"loss"to your"auto". on the 5 day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense covered"auto"and you have given the Coverage repair facility your authorization to make Subpart a.Transportation Expenses of repairs; , Item 4.Coverage Extensions of Paragraph b. Coverage for"downtime loss"expenses k A.Coverage under SECTION III— will end when any of the following occur: 3 PHYSICAL DAMAGE COVERAGE is (1) You have a spare or reserve"auto" amended to read: available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary t transportation expense incurred by you (3) Repairs to your covered "auto" have , because of the total theft of a covered been completed by the repair facility "auto"of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum s Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered"auto" is returned to use or we pay for its"loss". , ( I CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 a Used with permission 39897830 I 17-18 GL AL EX I (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 7 of 10 1, { E } I 1 i 1 i I. Item 4.Coverage Extensions, of d. Contraband or property in the course Paragraph A.Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, ise. "Loss"caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered"auto" and a police report is reimbursement expenses incurred by you for filed. a rental of an"auto" because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto" up to a maximum of$100 per ) day,for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage"loss", subject to the SECTION III—PHYSICAL DAMAGE I following conditions: COVERAGE is amended to read: i a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown. The beginning 24 hours after the"loss"and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered"auto". If the"loss" is Paragraph C. Limit Of Insurance under I caused by theft, this number of days is SECTION III—PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered"auto"and return it to you or the number of days it takes for the claim to If a covered"auto" is owned or leased and be settled,whichever comes first. if we provide Physical Damage Coverage b. Our payment is limited to necessary and on it,we will pay, in the event of a covered e actual expenses incurred. total "loss", any unpaid amount due on the lease or loan for a covered"auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve"autos" Damage Coverage Section of the A available to you for your operations. policy; and d. If a"loss" results from the total theft of a b. Any: covered "auto"of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue F Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed III—PHYSICAL DAMAGE COVERAGE, is under a lease for excessive use, amended to add: abnormal wear and tear or high mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance, Health, effects"of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or I evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals; furs or fur previous loans or leases garments;jewelry; watches; precious f or semi-precious stones. c. Paintings, statuary and other works of ir art. F E CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission 39897830 I 17-18 GL AL EX 1 (WH) Gabriela Covarrobias I 1/16/2018 8:57:41 AM (PST) I Page 8 of 10 . M. Aggregate Deductible (3) An "executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III—PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager; or "autos" involved in the same"loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", X P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5.Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. N. Diminishing Deductible g Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III—PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will be reduced by the Against Others To Us percentage indicated below on the first "loss"reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 0% do nothing after an"accident"or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage"loss"during X Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5.Other Insurance of us,your deductible stated in the Paragraph B.General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder F of your policy period and your deductible a. This insurance is primary and reduction will revert back to 0%for each noncontributory, as respects any other such COVERAGE FORM if coverage is insurance, if required in a written renewed. contract with you. O. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical Damage Subsection a. of Item 2. Duties In the Event Subpart b. of Item 5..Other Insurance of of Accident, Claim,Suit or Loss of Paragraph B.General Conditions under Paragraph A. Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV--BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident", b. For Hired Auto Physical Damage claim, "suit"or'loss"to us or our Coverage, the following are deemed r. authorized representative only applies to be covered autos"you own: after the"accident", claim, "suit"or"loss" is (1) Any covered "auto"you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission 39897830 1 17-18 GL AL EX 1 (WH) Gabriela Covarrubias 1 1/16/2018 8:57:41 AM (PST) 1 Page 9 of 10 (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's"name,with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B.General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage >$ afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: t. "Personal effects" means personal property owned by the"insured". "Downtime loss" means actual loss of "business income"for the period of time that a covered"auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss"and 2. Is in the custody of a repair facility if not a total"loss". "Business Income"means: 1. Net Income (Net Profit or Loss before income taxes)that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the . coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission 39897830 1 17-18 GL AL EX 1 (WB) Gabriela Covarrubiaa 1 1/16/2018 8:57:41 AM (PST) 1 Page 10 of 10