HomeMy WebLinkAbout9/6/2006 - STAFF REPORTS - 2.T. O� 4ALM Sep
C�[/FOVN` City Council Staff Report
DATE: September 6, 2006 CONSENT AGENDA
SUBJECT: APPROVING A CONTRACT AGREEMENT WITH MSA
CONSULTING, INC. FOR "FOCUSED ENTITLEMENT AND
PLANNING SERVICES" FOR THE PALM SPRINGS COUNTRY
CLUB — NORTH AND SOUTH VILLAGES, A SINGLE-FAMILY
RESIDENTIAL DEVELOPMENT AND GOLF COMMUNITY,
KNOWN AS NORTH AND SOUTH VILLAGES. NORTH VILLAGE
IS LOCATED ON APPROXIMATELY 35 ACRES AND LIES
EASTERLY OF NORTH SUNRISE WAY AND NORTHERLY OF
JOYCE DRIVE AND SOUTH VILLAGE IS LOCATED ON 120+
ACRES LYING NORTHEASTERLY OF NORTH FARRELL DRIVE
AND NORTHERLY OF VERONA ROAD IN THE CITY OF PALM
SPRINGS, CALIFORNIA.
FROM: David H. Ready, City Manager
BY: Thomas J. Wilson, Assistant City Manager— Development Services
SUMMARY
Staff is requesting that the Council approve a contract agreement with MSA
Consulting, Inc. to provide to the City's Planning Department Focused Entitlement
and Planning Services for the Palm Springs Country Club—North &South Villages, a
proposed single-family residential development and golf community, known as North
and South Villages. North Village is located on approximately 35 acres and lies
easterly of North Sunrise Way and northerly of Joyce Drive. South Village is located
on 120+ acres lying northeasterly of North Farrell Drive and northerly of Verona Road
in the City of Palm Springs, California. The services of MSA Consulting, Inc. will not
exceed $67,000.00, and will be paid to the City by Burnett Development Corporation.
RECOMMENDATION:
1) Adopt Minute Order No. approving an agreement with MSA
Consulting, Inc. for Focused Entitlement and Planning Services for
ITEM NO. Z 0 or6
"Palm Springs Country Club—North &South Villages",which project will
not exceed $67,000.00.
2) Authorize the City Manager to execute all necessary documents in a
form acceptable to the City Attorney.
STAFF ANALYSIS:
Palm Springs County Club— North & South Villages has filed an application with the
City for a proposed single-family development and golf community, known as North
and South Villages. North Village is located on approximately 35 acres and lies
easterly of North Sunrise Way and northerly of Joyce Drive. South Village is located
on 120+acres lying northeasterly of North Farrell Drive and northerly of Verona Road
in the City of Palm Springs, California. The services of MSA Consulting, Inc. will not
exceed $67,000.00, and will be paid to the City by Burnett Development Corporation.
The City has received a proposal from MSA Consulting, Inc. (copy attached) to
provide these services for Palm Springs Country Club — North & South Villages,
Project 5.1119-PD-330.
Staff is recommending that MSA Consulting, Inc. be retained to provide for the City's
Planning Departmentthe Focused Entitlement and Planning Servicesforthis project.
FISCAL IMPACT: Financ�`Uir c "eview:
a
There is no fiscal impact to the City as the applicant has agreed to reimburse the City
for all costs involved in this project_
Thomas J. W' son, Assistant City Manager—
Developmen Services
David H. Ready, City�r
Attachments:
1. Minute Order
2. MSA Consulting, Inc. Contract Proposal
Page 2 of 2
' MINUTE ORDER NO.
APPROVING A CONTRACT AGREEMENT WITH MSA
CONSULTING, INC. FOR "FOCUSED ENTITLEMENT
AND PLANNING SERVICES" FOR THE PALM SPRINGS
COUNTRY CLUB — NORTH AND SOUTH VILLAGES, A
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT AND
GOLF COMMUNITY, KNOWN AS NORTH AND SOUTH
VILLAGES. NORTH VILLAGE IS LOCATED ON
APPROXIMATELY 35 ACRES AND LIES EASTERLY OF
NORTH SUNRISE WAY AND NORTHERLY OF JOYCE
DRIVE. SOUTH VILLAGE IS LOCATED ON 120+ ACRES
LYING NORTHEASTERLY OF NORTH FARRELL DRIVE
AND NORTHERLY OF VERONA ROAD IN THE CITY OF
PALM SPRINGS, CALIFORNIA.
I HEREBY CERTIFY that this Minute Order, approving a contract
agreement with MSA Consulting, Inc. for Focused Entitlement and
Planning Services for the Palm Springs Country Club — North & South
Villages, Project 5.1119-PD-330, not to exceed $67,000.00, was
adopted by the City Council of the City of Palm Springs, California, in a
meeting which was held on the day of September, 2006.
JAMES THOMPSON
City Clerk
CITY OF (PALM SPRINGS
CONTRACT SERVICES AGREEMENT
FOR: "Focused Entitlement Services" for
PALM SPRINGS COUNTRY CLUB — NORTH & SOUTH VILLAGES
Project No. 5.11 19-PD-330
THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made
and entered into this 12006, by and between the CITY
OF PALM SPRINGS, a municipal corporation, (herein referred to as"City")and MSA
CONSULTING, INC. (herein referred to as "Contractor"). (The term Contractor
includes professionals performing in a consulting capacity.) The parties hereto agree
as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions
of this Agreement,the Contractor shall provide those services specified in the"Scope
of Services"attached hereto as Exhibit"A" and incorporated herein by this reference,
which services may be referred to herein as the"services" or"work" hereunder. As a
material inducement to the City entering into this Agreement, Contractor represents
and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein
and, in light of such status and experience, Contractor covenants that it shall follow
the highest professional standards in performing the work and services required
hereunder and that all materials will be of good quality, fit for the purpose intended.
For purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized by one or more first-class firms
performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the
Contractor's proposal or bid which shall be incorporated herein by this reference as
though fully set forth herein. In the event of any inconsistency between the terms of
such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and
regulations of the City and any Federal, State or local governmental agency having
jurisdiction in effect at the time service is rendered.
1.4 Licenses Permits Fees and Assessments. Contractor shall
obtain at its sole cost and expense such licenses, permits and approvals as may be
required by law for the performance of the services required by this Agreement.
Contractor shall have the sole obligation to pay for any fees, assessments, and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from
or are necessary for the Contractor's performance of the services 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.
5.1119 PSCC—MSA Consulting, Inc. Contract Page 1 of 21
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 orwill investigate the site
and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or
unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform the City of such fact and shall not
proceed except at Contractor's risk until written instructions are received from the
Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods
during the life of the Agreement to furnish continuous protection to the work, and the
equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages,
to persons or property, until acceptance of the work by City, except such losses or
damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use
reasonable care and diligence to perform their respective obligations under this
Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be
responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during
the performance of the services, without invalidating this Agreement, to order extra
work beyond that specified in the Scope of Services or make changes by altering,
adding to or deducting from said work. No such extra work may be undertaken
unless a written order is first given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to ten percent (10%) of the
Contract Sum may be approved by the Contract Officer as may be needed to perform
any extra work. 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, regardless of whether the time or
materials required to complete any work or service identified in the Scope of Work
exceeds any time or material amounts or estimates provided therein..
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.
5.1119 PSCC—MSA Consulting, Inc. Contract Page 2 of 21
1.10 Responsible to City. Contractor acknowledges and agrees that
the work and services the Contractor will produce for the City, including any initial
study, screen check draft environmental impact report, draft environmental impact
report, and final environmental impact report, will be prepared in strict and full
compliance with the California Environmental Quality Act and the Environmental
Quality Act Guidelines(collectively,the "Law")- Contractor further acknowledges and
agrees that, consistent with the requirements of the Law, all documents that
Contractor prepares must reflect the independent judgment of the City. All work
performed and all work product produced shall be subject to review, revision, and
approval of the Contract Officer and the final environmental impact report, including
the draft environmental impact report, comments thereto, and all related responses to
comments, will be subject to approval by the City Council. In addition, Contractor
shall not meet with or discuss the work, services, or the contents of any work product
with the applicant or a representative of the applicant without the express approval of
the Contract Officer nor shall the Contractor take direction from the applicant or the
applicant's representative.
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 SIXTY-SEVEN
THOUSAND AND NO/100 DOLLARS ($67 000.00) 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
Contractors rates as specified in the Schedule of Compensation, but not exceeding
the Contract Sum or(iv) such other methods a's 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 forattending
said meetings. Contractor hereby acknowledges that it accepts the risk that the
services to be provided pursuant to the Scope of Services may be more costly ortime
consuming than Contractor anticipates, that Contractor shall not be entitled to
additional compensation therefore, and the provisions of Section 1.8 shall not be
applicable for such services.
THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS
SECTION 2.1 IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM
OBLIGATION IS REACHED BEFORE THE CONTRACTOR'S SERVICES UNDER
THIS AGREEMENT ARE COMPLETED, CONTRACTOR WILL NEVERTHELESS
COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR
FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT.
5.1119 PSCC—MSA Consulting, Inc. Contract Page 3 of 21
2.2 Method of Payment. Unless some other method of payment is
specified in the Schedule of Compensation, in any month in which Contractor wishes
to receive payment, no later than the first(1 st)working day of such month, Contractor
shall submit to the City in the form approved by the City's Director of Finance, an
invoice for services rendered with all supporting documents for any reimbursables
prior to the date of the invoice. Except as provided in Section 7.3, City shall pay
Contractor for all expenses stated thereon which are approved by City pursuant to
this Agreement no later than the last working day of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement.
3.2 Schedule of Performance. Contractor shall commence the
services pursuant to this Agreement upon receipt of a written notice to proceed and
shall perform all services within the time period(s) established in the "Entitlement
Processing - 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 April 1, 2007.
3.3 Force Maieure. The time period(s) specified in the Schedule of
Performance for performance of the services rendered pursuant to this Agreement
shall be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Contractor, including, but not
restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the
City, if the Contractor shall within ten (10) days of the commencement of such delay
notify the Contract Officer in writing of the causes of the delay. The Contract Officer
shall ascertain the facts and the extent of delay, and extend the time for performing
the services for the period of the enforced delay when and if in the judgment of the
Contract Officer such delay is justified. The Contract Officers 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 Entitlement Processing - Schedule of
Performance (Exhibit "D").
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
5.1119 PSCC—MSA Consulting, Inc. Contract Page 4 of 21
Contractor authorized to act in its behalf with respect to the work specified herein and
make all decisions in connection therewith:
(Mrs_) Frances Chung, Project Manager
MSA Consulting, Inc.,
Phone: 760-320-9811
Fax: 760-323-7893
FChung@MSAConsultinglnc.com
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 Assi nment. 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 orgroup
of persons acting in concert of more than twenty five percent (25%) of the present
ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without
the express consent of City.
The City's policy is to encourage the awarding of subcontracts to persons or
entities with offices located within the jurisdictional boundaries of the City of Palm
Springs and, if none are available, to persons or entities with offices located in the
Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good
faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors
are qualified to perform the work required. In requesting for the City to consent to a
5.1119 PSCC—MSA Consulting, Inc. Contract Page 5 of 21
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 orthat
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
provided in Section 1.10 or otherwise set forth in this Agreement. 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 anyway 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) Commercial General Liability Insurance. A policy of
commercial general liability insurance written on a per occurrence basis with a
combined single limit of a least$1,000,000 bodily injury and property damage
including coverages for contractual liability, personal injury, independent
contractors, broad form property damage, products and completed operations.
The Commercial General Liability Policy shall name the City of Palm Springs
as an additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language. The Commercial
General Liability Insurance shall name the City, its officers, employees and
agents as additional insured.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory
requirements of the State of California and which includes $1,000,000
employer's liability-
(c) Business Automobile Insurance. A policy of business
automobile liability insurance written on a per occurrence basis with a single
limit liability in the amount of $1,000,000 bodily injury and property damage,
5.1119 PSCC—MSA consulting, Inc. Contract Page 6 of 21
Said policy shall include coverage for owned, non-owned, leased, and hired
cars.
(d) Additional Insurance. Additional limits and coverages,which
may include professional liability insurance, will be specified in Exhibit "6".
All of the above policies of insurance shall be primary insurance. (Reference
Section 5.4 regarding sufficiency.) 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. In the event any of said policies of insurance are canceled,
the Contractor shall, prior to the cancellation date, submit new evidence of insurance
in conformance with this Section 5.1 to the Contract Officer. No work or services
under this Agreement shall commence until the Contractor has provided the Citywith
Certificates of Insurance, endorsements or appropriate insurance binders evidencing
the above insurance coverages and said Certificates of Insurance, endorsements, or
binders are approved by the City.
The contractor agrees that the provisions of this Section 5.1 shall not be
construed as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages to any persons or property resulting from the
Contractor's activities or the activities of any person or person 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 polices of
insurance that the Contractor is required to maintain pursuant to this Section.
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, 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 anyjudgment 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;
5.1119 PSCC—MSA Consulting, Inc.Contract Page 7 of 21
(c) In the event the City, its officers, agents or employees is
made a party to any action or proceeding filed or prosecuted against Contractor for
such damages or other claims arising out of or in connection with the negligent
performance of or failure to perform the work, operation or activities of Contractor
hereunder, Contractor agrees to pay to the City, its officers, agents or employees,
any and all costs and expenses incurred by the City, its officers, agents or employees
in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
5.3 Performance Bond. Concurrently with execution of this
Agreement, Contractor shall deliver to City a performance bond in the sum of the
amount of this Agreement, in the form provided by the City Clerk, which secures the
faithful performance of this Agreement, unless such requirement is waived by the
Contract Officer. The bond shall contain the original notarized signature of an
authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force
during the entire term of the Agreement and shall be null and void only if the
Contractor promptly and faithfully performs all terms and conditions of this
Agreement. (Performance Bond requirement waived — see EXHIBIT "B")
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 "B" or better in the most recent edition of Best Rating
Guide, The Key Rating Guide or in the Federal Register, unless such requirements
are waived by the City Manager or designee of the City ("City Manager") due to
unique circumstances. In the event the City 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 City Manager or designee;
provided that the Contractor shall have the right to appeal a determination of
increased coverage by the City Manager to the City Council of City within ten (10)
days of receipt of notice from the City Manager.
6.0 REPORTS AND RECORDS
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.
5,1119 PSCC—MSA Consulting, Inc. Contract Page 8 of 21
62 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
matterarising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Riverside, State of California, or any other appropriate court in
such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its contentions
by submitting a claim therefor. The injured party shall continue performing its
obligations hereunder so long as the injuring party commences to cure such default
within ten (10) days of service of such notice and completes the cure of such default
within forty-five(45)days after service of the notice, or such longer period as may be
permitted by the injured party; provided that if the default is an immediate danger to
the health, safety and general welfare, such immediate action may be necessary.
5.1119 PSCC—MSA Consulting, Inc Contract Page 9 of 21
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the
dispute is not cured, provided that nothing herein shall limit City's or the Contractor's
right to terminate this Agreement without cause pursuant to Section 7.8.
7.3 Retention 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 appearto be the basis for a claim of lien, City maywithhold 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 orto
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 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 (waived —see
Exhibit"B") 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.
5.1119 PSCC—MSA Consulting, Inc. Contract Page 10 of 21
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 orwithout cause, upon thirty(30)days'written notice
to Contractor, except that where termination is due to the fault of the Contractor, the
period of notice may be such shorter time as may be determined by the Contract
Officer. In addition, the Contractor reserves the right to terminate this Agreement at
any time upon, with or without cause, upon sixty (60) days' written notice to City,
except that where termination is due to the fault of the City, the period of notice may
be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such
as may be specifically approved by the Contract Officer. Except where the
Contractor has initiated termination, the Contractor shall be entitled to compensation
for all services rendered prior to the effective date of the notice of termination and for
any services authorized by the Contract Officer thereafter in accordance with the
Schedule of Compensation or such as may be approved by the Contract Officer,
except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable
value of the work product actually produced hereunder. In the event of termination
without cause pursuant to this Section, the terminating party need not provide the
non-terminating party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor_ If termination is due to the
failure of the Contractor to fulfill its obligations under this Agreement, City may, after
compliance with the provisions of Section 7.2, take over the work and prosecute the
same to completion by contract or otherwise, and the Contractor shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds
- the compensation herein stipulated (provided that the City shall use reasonable
efforts to mitigate such damages), and City may withhold any payments to the
Contractor for the purpose of set-off or partial payment of the amounts owed the City
as previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way connected
with this Agreement, the prevailing party in such action or proceeding, in addition to
any other relief which may be granted, whether legal or equitable, shall be entitled to
reasonable attorney's fees. Attorney's fees shall include attorney's fees on any
appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and
all other necessary costs the court allows which are incurred in such litigation. All
such fees shall be deemed to have accrued on commencement of such action and
shall be enforceable whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or
employee of the City shall be personally liable to the Contractor, or any successor in
5.1119 PSCC—MSA Consulting, Inc. Contract Page 11 of 21
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, orfor breach of any obligation
of the terms of this Agreement.
8.2 Conflict of Interest. No officer or employee of the City shall have
any financial interest, direct or indirect, in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects his
financial interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute or
regulation. The Contractor warrants that it has not paid or given and will not pay or
give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through
them, that there shall be no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion, sex, marital status,
national origin, or ancestry in the performance of this Agreement. Contractor shall
take affirmative action to insure that applicants are employed and that employees are
treated during employment without regard to their race, color, creed, religion, sex,
marital status, national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, document, consent,
approval, or communication either party desires or is required to give to the other
party or any other person shall be in writing and either served personally or sent by
prepaid, first-class mail, in the case of the City, to the City Manager and to the
attention of the Planning Services Director, CITY OF PALM SPRINGS, P.Q. Box
2743, Palm Springs, California 92263, and in the case of the Contractor, to the
person at the address designated on the execution page of this Agreement. Either
party may change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
9.3 Integration; Amendment. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement
supersedes and cancels any and all previous negotiations, arrangements,
agreements and understandings, if any, between the parties, and none shall be used
to interpret this Agreement. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by a valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the
remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement
5.1119 PSCC—MSA Consulting, Inc. Contract Page 12 of 21
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 Authoritv. The persons executing this Agreement on
behalf of the parties hereto warrant that(i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver this Agreement on behalf of said
party, (iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement
as of the date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
By: By.
City Clerk David H. Ready
City Manager
APPROVED AS TO FORM
By:
City Attorney
5.1119 PSCC—MSA Consulting, Inc. Contract Page 13 of 21
CONTRACTOR: MSA CONSULTING, INC. Check One:
34200 Bob Hope Drive _Individual_Partnership_Corporation
Rancho Mirage, CA 92270
Corporations require two notarized signatures, one from A and one from B: A. Chairman of
Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer).
By: _ By:
Signature (notarized) Signature (notarized)
Name: Name:
Title: Title:
Address: Address:
State of California } State of California }
County of Riverside}ss County of Riverside)ss
On before me, On before me
personally personally
appeared appeared
personally known to me (or proved to me on the personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within whose name(s) is/are subscribed to the within
instrument and acknowledged to me that instrument and acknowledged to me that
he/she/they executed the same in his/her/their he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s),or the signature(s)on the instrument the person(s),or the
entity upon behalf of which the person(s) acted, entity upon behalf of which the person(s) acted,
executed the instrument. executed the instrument.
WITNESS my hand and official seal WITNESS my hand and official seal.
Notary Notary
Signature: Signature:
Notary Seal: Notary Seal:
t
I
I
5.1119 PSCC—MSA Consulting, Inc.Contract Page 14 of 21
EXHIBIT "A"
SCOPE OF SERVICES
PRELIMINARY SERVICES:
Contractor agrees to perform the following Scope of Services forthe City of Palm Springs,
(hereinafter referred to as the "City") for the development Palm Springs Country Club
(hereinafter referred to as "Client") — a single-family development and golf community,
known as North and South Village. North Village is located on 35+ acres lying easterly of
North Sunrise Way and northerly of Joyce Drive and South Village is located on 120+
acres lying northeasterly of North Farrell Drive and northerly of Verona Road in the City of
Palm Springs, California, hereinafter referred to as "Project":
Environmental Processing
1. Initial Study
a) Prepare an Initial Study(IS) in accordance with the California Environmental Quality
Act (CEQA).
b) Assist the City in the preparation of noticing and circulation of the IS.
c) Assist the City in the development of the project description, location map and list of
potential environmental impacts associated with the project.
2_ Public Review and Comments Responses
a) Coordinate with other City Departments and sub-Contractors to prepare written
responses to comments received during the public review period
b) Submit written response to City for review and comment.
3. Miti ation Monitoring and Reporting Program (MMRP)
a) Prepare a Mitigation Monitoring and Reporting Program to ensure the
implementation of mitigation measures identified to mitigate any potential adverse
environmental effects of the project.
b) Prepare a digital file of the MMRP for the City's website posting.
c) Provide documentation copies for distribution and public information requirements_
d) Upon adoption of a Negative Declaration, prepare and file a Notice of Determination
(NOD).
4. Public Meetin s and Public Hearings
a) Meet with City staff to determine scope of special studies required.
b) Attend up to 2 neighborhood meetings.
c) Attend public meetings with the Planning Commission (up to 2) as required for the
presentation and adoption of the Negative Declaration and the Project_
5.1119 PSCC—MSA Consulting, Inc. Contract Page 15 of 21
d) Attend public meetings with the City Council (up to 2) as required for the
presentation and adoption of the Negative Declaration and Project adoption.
Staff Report Preparation and Assistance:
1. Staff Reports
a) Assist City with preparation of a draft staff report, findings and resolution for the
project for the Planning Commission.
b) Review draft staff report with Planning staff and other City Departments and
incorporate changes as necessary.
c) Assist City with preparation of a draft staff report, findings and resolutions for the
project for the City Council incorporating any modifications made by the Planning
Commission action.
d) Attend public meetings with the Planning Commission (up to 2) as required for the
presentation and adoption of the Negative Declaration and the Project.
e) Attend public meetings with the City Council (up to 2) as required for the
presentation and adoption of the Negative Declaration and Project adoption.
Exclusions
Consulting services relating to any of the following tasks may be completed by Contractor if
negotiated under a separate contract for an additional fee; are presently specifically
excluded from the Agreement:
1. Filing and posting fees
2. Meeting room rentals and set up costs_
3. Publication and noticing fees
Client Responsibilities
1. Client shall provide access to the site.
2. Client shall provide Preliminary Title Report and support documents as required_
3. Client will require any construction contractors to indemnify Contractorfrom any and
all losses, damages, claims, expenses, including attorneys fees, and costs arising
out of the contractor's work, except only losses, damages, claims, expenses
including attorneys fees, and costs which are caused by the sole negligence or
willful misconduct of Contractor in performing its services under this Agreement.
Client will require that the construction contractors add Contractor as an additional
insured in the comprehensive general liability, auto liability, worker's compensation
and builder risk insurance coverages required by Client.
5.1119 PSGC—MSA Consulting, Inc. Contract Page 16 of 21
EXHIBIT "B"
SPECIAL REQUIREMENTS
City hereby waives Section 5.3 as a requirement of this Agreement.
City hereby waives Section 7.7 as a requirement of this Agreement.
5.1119 PSCC—MSA Consulting, Inc.Contract Page 17 of 21
EXHIBIT "C"
SCHEDULE OF COMPENSATION
City agrees to compensate Contractor for such services as shown below.
Contractor shall complete the work outlined above in accordance with the fees schedule
identified below and shall provide and progress report and invoice City on a monthly basis
on the percentage of completion.
TASKS DESCRIPTION F E E S
Environmental Processing
1 — 4 Initial Study/NOD/Meetings...............................................____....$17,500
Staff Report Preparation and Assistance
1 Staff Report, Resolutions/Meetings ..................-----------------...........$46,500
Reimbursables
Reproduction costs, title company charges, special mailing charges,
application, and filing or permit fees, etc. '............................................... $3,000
Total—All Tasks................................................................................... $67,000
The proposed fee would include all labor, materials and incidental expenses such as
• vehicle mileage, postage, toll calls, CADD computer time, and survey materials. ' Not
included are reproduction costs, title company charges, special mailing charges,
application, and filing or permit fees. Non-contract services, if requested, would be
charged hourly and include meetings, special data transfers or construction support
• services. Supporting documents for all reimbursables shall be submitted with each invoice
that contains charges for such expenses.
Scheduling for the work will commence upon receipt of a signed copy of this Contract
Agreement and a deposit in the amount of $10,000, which will serve to acknowledge
approval of the terms contained herein. Progress billings will be forwarded to the City on a
monthly basis. These billings will include the fees earned for the billing period plus all
direct costs advanced by Contractor.
5.1119 PSCC—MSA Consulting, Inc. Contract Page 18 or21
EXHIBIT "€ " fm,i}
ENTITLEMENT PROCESS - SCHEDULE OF PERFORMANCE
CITY OF PALM SPRINGS
Palm Springs Country Club
ENTITLEMENT PROCESSING-PRELIMINARY SCHEDULE
August 21,2006
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—a Cily Rave.of Cornracl 35 days Wed 3+ffi06 Tua 4.r11+176
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13 Send Letter or Compleleness!Inecrnplelen ess 1 day Tue 9112N6 Tug 4!I?rll6
n Receive rev'sad Malenals from Apphcanl(il necessary) 30 days Thu 10.92106 Fri 11110.'06
12 Cdy Inlllales SB 16 Have,Process 91 day. Tue 9l12l06 Man 12711106
13 1 AR&rd nevalopmenl Revla'A'Ccm mltiee I day Tus 9112.r0I3 Tue R'1006
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V Prepare Initial Study n Nat ce or Intent to Adapt a Negalrve CeclaraSloe 38 days Man IM)36 Wad f 129+06
13 Cry Review&ln.9al Study and Notice or Intent 7 days Wad$1+2W86 Tue 7215+06
1e ReighborThood!leanng 1 day Thu 1114,106 Thu 1211 M96
s Rmssed NOl Based on Ciy Cam moms 7 days '7fad 1 VU06 Tue 12l12T16
sl NOF Re'naw Penad(66 days] 47 days Thu 72+1 u06 M.0 L'2R•g7
z` Neighborhood Meallno pl fs'esded) 1 day :don 12)11AC3 Mon 1S'11!O6
23 Prepare Wilpalloi Mon 1m.ng Program rMhIRP] 6 days Fn 1R'I SCd Fir122Sll6
C Prepare Starr ReNa 14 days Wed 1017437 Tue 1+SA'll7
u 24y Remaw d Negalrra Declarallon,"MRP and Slav Report 7 day
s Thu 211107 7
FnallraLA7n or Stall Repoli and Cantlillons of Approval S days Thu 21&107 Tug Tua 2+1 V3J07
av Plarn:ng Commission Hearing 1 day Wed 2114;07 Wed 21 Lb7
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5.1119-PS CC-1Y15A Consulting, Inc. Contract
Page 19 of 21
EXHIBIT F'D" [page 2}
ENTITLEMENT PROCESS - SCHEDULE OF PERFORMANCE
CITY OF PALM SPRINGS
Palm SPrings Country Club
ENTI TLEMENT PROCESSING-PRELIMINARY SCHEDULE
August 21,2006
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5.1119—PSCC—rom Consulting, Inc. ConUact Page 20 of 21
EXHIBIT "E"
MSA Insurance Certifications follOW —(7 pages)
5.1119 PSCC—MSA Consulting, Inc. Contract Page 21 of 21
ACORa� CERTIFICATE OF LIABILITY INSURANCE DATE
o6/oa/ADCs
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
WEINGARTEIQ & HOUGH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
O. BOX I866 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PALM SPRINGS CA 92263— INSURERS AFFORDING COVERAGE
INSURED INSURERA SAFECO INSURANCE COMPANY
MSA CONSULTING, INC. INSURER B:
INSVRERC:
34200 BOB HOPE DR INSURER
RANCHO MIRAGE CA 92270- INSURERS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A90VE 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.
YHE 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
INSft TYPE OF INSURANCE POLICYEFFECTIVE POLICY EXPIRATION
LTR p➢uCV NUMBER LIMITS
DATE MM/DD DATE IMWODPM
A GENERALLIABRJTY 01-CE-777447-71
05/16/2006 05/16/2007 EACH OCCURRENCE $ 1,000,000
X COMMERCMLGENFJiALLIABILITY FIRE DAMAGE(Any pne Ore) 3 200,000
i
CLAIMSMADE X OCCUR / / / / MED EXP(MY wt mon) S 5,000
CONTRACT LIAB.INC PERSONAL d AOV INJURY S 1,000,000
X COMPL- OPS., BFPO 2'060,000
1 / I / / GENERAL AGGREGA7B S
1 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP AGG 3 2,000,000
1 X POLICY JECT LOC / / / /
A AUTOMOBILE LIABILITY 01 CH 063689-10 05/16/2000 05/16/2007
X ANY AUTO COMBINED SINGLE uM1T
(Eaacciarnn s 1,000,000
ALL OWNED AUTOS BODILY IWURY
SCHEDULED AUTOS / / (Pw p�=) $
X HIRED AUTOS / / / / BODILY INJURY
NON-OWNED AUTOS (Par amden0 s
X COMPRLHENSIVE $500 DEDUCTIBLES / / / /
X COLLISTON PROPERTY AGE
(Peramdplvil)q 3
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT 3
ANYAUTO / / / / OTHER THAN EA ACC s
AUTO ONLY: AGG 3
A EXCESS LIABILITY rol-IU-21112-95-71 05/16/2006 05/16/2007 EACH OCCURRENCE S 5,000,000
OCCUR ❑CWNIS MADE AGGREGATE 5 5,000,000
DEDUCTIBLE XRETENTION s10,000 3
EMPO RS LIAWC
BILITY ONAND / / / / TO Y UNITS FR
E.L.EACH ACCIOENT 5
E.L DISEASE-EA EMPLOYEE3
E.L.DISEASE-POLICY LIMIT I s
OTHER
DCSCRIPDON OF OPERADONSAACADONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTMPECIAL PROVISIONS
ALL OPERATIONS OF THE NAMED INSO M FOR THE CERTIFICATE HOLDER. THE CITY OF PALLS SPRINGS, ITS OFFICERS, EMPLOYERS AND
AGENTS, AND THEIR RESPECTIVE INSURERS ARE ADDITIONAL INSURED. COVERAGE IS PRIMARY PER FOP24 CG 76 60- WAIVER OS
SUBROGATION IS INCLODED PER FORM CO 24 04- 10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMI➢N•
CERTIFICATE HOLDER X I ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT
THE CITY OF PALM SPRINGS FAILURE TO DO$0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IQND UPON THE
ATTN: LORETTA MOFFETT INSURER ITS AGENTS OR REPRESS AVEs.
3200 E. TAH UITZ CANYON WAY 'p -Q AUTHORIZED REPRESENTATIVE r N `" }
PALM SPRINGS CA 92262—
\1CORD 25-S(7197) ®A7bRD CORPORATION 1988
A -INS CSC " n1 ELECTRONIC LASER FORMS,INC.•(800)327-0545 PaW 1 02
COMMERCIAL GENERAL LIABILITY
CG 86 74 10 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CONTRACTORS LIABILITY PLUS ENDORSEMENT
This endorsement modifies insurance under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE,
Name of Person Or Organization: THE CITY OF PALM SPRINGS,ITS OEFTCERS,EMPLOYERS AND
' AGENTS,AND TBED2 RESPECTIVE INSURERS
�I
(1) The amount we will pay for damages is
DUTY TO DEFEND limited as described in SECTION III-
LIMITS OF INSURANCE; and
Paragraph a.of SECTION I—COVERAGE A and
COVERAGE B is replaced by the following: (2) Our right and duty to defend ends when we
have used up the applicable limit of
a. We will pay those sums that the insured becomes insurance in the payment of judgments of
legally obligated to pay as damages because of settlements under COVERAGES A or.B or
"bodily injury", "property damage" or "personal medical expenses under COVERAGE C.
injury and advertising injury" to which this
insurance applies. We will have the right and No other obligation or liability to pay stuns or perform
duty to defend the insured against any "suit" acts or services is covered unless explicitly provided for
seeking those damages. Our duty to defend under SUPPLEMENTARY PAYMENTS
begins once you notify us of a"suit"as described COVERAGES A AND B.
in SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS, 2.b. EMPLOYERS LIABLITY
I3owever, we will have no duty to defend the
insured against any "suit" seeking damages for The last paragraph exclusion e. of SECTION I. —
"bodily injury", "property damage", or `personal COVERAGE A is replaced by the following:
injury or advertising injury" to which this
insurance does not apply. We may, at our This exclusion does not apply to liability assumed by
discretion, investigate any"occurrence"and settle the insured under an "insured contract" except for that
any claim or"suit"that may result.But: pan of a contract or agreement that indemnifies any
person or organisation for their sole liability.
WRONGFUL EVICTION
The following exclusion is added to SECTION 1 —
COVFRAGE B: (3) The maintenance, operation or use by you of
The wrongful eviction from, wrongful entry into, or equipment leased to you by such person or
invasion of the right of private occupancy of a room, organization, subject to the following
dwelling or premises arisingout of any,
,
additional provisions:
I
(1) `property damage"to the room dwelling (a) This insurance does not apply to any
t or premises;or "occurrence" which takes place after the
equipment lease expires;
(2) "bodily injury" sustained through
' occupancy of a room dwelling or (b) This issuance does not apply to "bodily
Premises-
injury" or `property damage" arising out
ADDITIONAL INSURED- BY WRITTEN CON-
of the sole negligence of such person or
organization:
TRACT, AGREEMENT OR PERMIT, OR
SCHEDULE (4) Permits issued by any state or political
subdivision with respect to operations
The following paragraph is added to SECTION 11-WHO performed by you or on your behalf, subject to
IS AN INSURED: the following additional provision:
5. Any person or organization shown in the Schedule This insurance does not apply to "bodily
or for whom you are required by written contract, injury," "property damage," "personal and
agreement or permit to provide insurance is an advertising injury' arising out of operations
insured, subject to the following additional performed for the state or municipality;
provisions:
a. The contract, agreement or permit must be in e. The insurance with respect to any architect,
effect during the policy period shown in the engineer, or surveyor added as an insured by
Declarations, and must have been executed this endorsement does not apply to `bodily
prior to the`bodily injury,""property damage," injury," "property damage," `personal and
"personal and advertising injury." advertising injury" arising out of the failure to
render any professional services by or for you,
b. The person or organization added as an insured including:
by this endorsement is an insured only to the
extent you are held liable due to: (1) The preparing, approving, or failing to prepare
or approve maps, drawings,_opinions, reports,
(1) The ownership, maintenance or use of that surveys, change orders, designs or
Part of premises you own, rent, lease or specifications;and
occupy, subject to the following additional
provisions: 2
( ) Supervisory, inspection or engineering
services.
(a) This insurance does not apply to any
"occurrence" which takes place after d. This insurance does not apply to `bodily
you cease to be a tenant in any injury" or "property damage" included within
Premises leased to or rented to you; the"products-completed operations bazard."
(b) This insurance does not apply to any e. A person's or organization's status as an
structural alterations, new con- insured under this endorsement ends when
stmction or demolition operations your operations for that insured are completed.
performed by or on behalf of the
petson or organization added as an f. No coverage will be provided if, in the
insured; absence of this endorsement, no liability
would be imposed by law on you. Coverage
(2) Your ongoing operations for that insured, shall be limited to the extent of your
whether the work is performed by you or negligence or fault according to the applicable
for you; principles of comparative fault.
g. The defense of amy claim or "suit" must be
tendered as soon as practicable to all other
insurers which potentially provide insurance for
such claim or"suit".
11, The insurance provided will not exceed the
lesser of:
(1) The coverage and/or limits of this policy,
or
(2) The coverage and/or limits required by said
contract,agreement or permit.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAPXFULL'Y
CC 76 80 10 02
ADDITIONAL INSURED PRIMARY
COVERAGE
COMWRCIAL GENERAL LIABILITY
This insurance modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: THE CITY OF PALM SPRINGS,ITS OFFICERS,EMPLOYERS
AND AGENTS,AND THEIR RESPECTIVE INSURERS
(If no entry appears above, information required to
complete this endorsement will be shown in the The insurance provided will not exceed the lessor
Declarations as applicable to this endorsement). of:
a, the coverage and/or limits of this policy, or
(Section 11)WHO IS AN INSUPWI) is amended to b. the coverage and/or limits required by the
include as an insured the person or organization shown contract,agreement, or permit
' in the Schedule subject to the following provisions.
With respect to the insurance afforded the
' 1. The additional interest is an insured but only additional insured,paragraph 4. SECTION IV
for liability directly resulting from: COMMERCIAL GENERAL LIABILITY
CONDITIONS is deleted and replaced by the
a.your ongoing operations for the additional following.
insured whether the work is performed by
you or for you,or 4. Other Insurance
a. This insurance is primary and
b The general supervision Of your ongoing noncontributory,and our obligations are not
operations by the additional insured. affected by any other insurance where the
additional insured is the Named Insured,
2. This insurance does not apply to: whether primary,excess, contingent, or on any
other basis; however,the defense of any claim
a. "Bodily injury"or`property damage" or"suit"must be tendered as soon as
arising out of any act or omission of,or for practicable to all other insurers which
defects in design furnished by or for,the potentially provide insurance fox such claim or
additional insured or "suit".
b. This additional provision applies only to
b. `Bodily injury"or"property damage" the additional insured shown in the Schedule
included within the`products-completed and the coverage provided by tlrisendorsement.
operations hazard.
A persons or organizations status as an
insured under this endorsement ends when
your operations for that insured are completed.
No coverage will be provided if, in the absence of this
endorsement,no liability would be imposed by law on
You. Coverage shall be limited to the extent of your
negligence or fault according to the applicable
principals of comparative fault.
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
COMMERCIAL LIABILITY CATASTROPHE COVERAGE PART
SCHEDULE
Name of Person or Organization. THE CITY OF PALM SPRINGS, ITS OFFICERS,
' EMPLOYERS AND AGENTS, AND THEIR RESPECTIVE INSURERS
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement)
THE TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
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-
i
CG 24 04 10 93 Copyright, Insurance Services Office, Inc. 1992
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** TOTAL PAGE.01 **