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HomeMy WebLinkAbout00521C - LIDGARD AND ASSOCIATES INC APPRAISAL OF LAND AT SW CORNER NPC AND STEVENS RD CONSULTING SERVICES AGREEMENT Appraisal Update of 1.8 Acres of Vacant Land at the Southwest Corner of North Palm Canyon Drive and Stevens Road, Palm Springs, CA; Otherwise known as Riverside County Assessor's Parcel Numbers 505-182-004 & 010 THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made and entered into this 19 day of June, 2007, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public body, corporate and politic, ("Agency"), and Lidgard and Associates, Inc. a Real Estate Appraisal and Consultation Company ("Consultant")- RECITALS A. Agency requires the services of Lidgard and Associates for an Appraisal update of the 1.8 acre vacant land at the southwest corner of North Palm Canyon Drive and Stevens Road in Palm Springs, CA ("Project'). B. Consultant has submitted to Agency a proposal to provide Real Estate Appraisal and Consulting services to Agency pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to Agency for the Project and desires to provide such services. D. Agency desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the Agency as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Real Estate appraisal and consulting services to Agency as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. Revfscd:3102107 5076392 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. 1.3 Licenses and Permits. Consultant 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. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit "A," which total amount shall not exceed $4,850,00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to Agency in the form approved by Agency's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. Agency shall pay Consultant for all expenses stated thereon, which are approved by Agency consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by Agency, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the 2 Revised'3/02107 507639.2 enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Community Redevelopment Agency of the City of Palm Springs for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to Agency. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Mameure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two (2) months commencing on July 1, 2007, and ending on August 31, 2007, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Scott A. Lidgard, President. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement 3 Revised:3/02/07 507639.2 for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Director of Community and Economic Development, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of Agency. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 5.A Independent Contractor. Neither Agency nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of Agency and shall not be an employee of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role; however, Agency shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the Agency Director of Community and Economic Development, the Agency shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Scott A. Lidgard President 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein by reference. Q Revised:3102/07 507639.1 7. INDEMNIFICATION_ To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless Agency, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by Agency, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance under this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the Agency, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder. B. RECORDS AND REPORTS 8.1 Reports. Consultant 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. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly 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 reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer- 5 Revised,3102J07 5076A2 M 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by Agency and copies thereof shall be promptly furnished to Agency upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of Agency shall be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act of Consultant. 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. 9.3 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. 9.4 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 injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Term. Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the Agency. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to Agency. 6 Revised:3/02/07 507639.2 10, AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of Agency Officers and Employees_ No officer or employee of Agency shall be personally liable to the Consultant, or any successor-in- interest, in the event of any default or breach by Agency or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, 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 pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To Agency: Community Redevelopment Agency of the City of Palm Springs Attention: John S. Raymond, Director of Community and Economic Development 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Community Redevelopment Agency of the City of Palm Springs Attention: Assistant Secretary 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Lidgard and Associates, Inc. 2808 East Katella Ave., Suite 107 Orange, California 92867-2546 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. So7639 a 7 Revised 3107107 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 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 valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority, The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] $ Revised:1/02107 507639.2 i IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "AGENCY" COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic Date: 27 tJohn . Ray nd r of munity and Economic pment r�1PF� 09�L� BY IDEFAP iMEM-6 HE400 ATTEST By. es Thompson, ssistant Secretary j5>0 j,5;l z ce-7 " "CONSULTANT" I Lidgard and Associates Date: `1 n g _ ScottA`tldgard, CIM Pr ident Date: (0 2-71 D-1 Sarah A. Petty Office Administrator g Revised:3102107 � 5076392 " I EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 10 Revised:3/02107 507639.2 Elf TRANSMITTED VIA EMAIL May 25, 2007 Ms. Diana Shay Redevelopment Coordinator City of Palm Springs 3200 East Taquitz Canyon Road \ Palm Springs, Ca 92263 \\ Subject: Real Estate Appraisal Services 1` Two Vacant Land Parcels APNs: 505-182-004, 010 Palm Springs, California LongBe�ohOffice. 3353 Linden Avenue Dear Ms. Shay: Suite200 %\ Long Boachi CA I appreciate the opportunity of submitting this proposal for professional 90807-45T real estate appraisal services pertaining to the above-referenced properties. OranThe scope of our services will include (1) a field inspection of each 2806ge Kauna',AVece: 230$E lCate!laFAvenue subject property, (2) a review of proposed development plans Suite 107 submitted by the adjacent property owner, (3) a review of public Prange, CA records, (4) the research and collection of comparable market data in 92867-5246 the immediate and general subject market area, (5) a valuation employing the Sales Comparison Approach based on an analysis of the comparable market data, and (6) preparation of the formal narrative telephone- appraisal report in summation of the activities outlined above. (562)988-2925 (714)633-84�1 It is understood that the subject parent property consists of two ' individual vacant land parcels vested with the City of Palm Springs and Facsrmrle the Palm Springs Redevelopment Agency, respectively. The valuation (714)633-8449 study will set forth the fee simple market value based on its highest and best use as assemblage to the adjacent ownership. The study will include an allocation of value between the two individually assessed parcels The properties will be appraised as of a current date. The appraisal report will comply with reporting requirements set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), under Standard Rule 2-2(b) for a summary appraisal report, and will incorporate, by reference, the data and valuation analysis contained in our office file/database. The report will be suitable for sale negotlatio purposes. LI17r=Aa AND ASSOCUTES Real Estate Apprwsal and Consultation zrrcaxroRnxsn _w Ms. Diana Shay Redevelopment Coordinator City of Palm Springs May 25, 2007 Page 2 Based on the amount of time estimated to complete the appraisal studi and formal narrative appraisal report, the fee for our services will be in the total amount of $4,850, payable upon delivery of the appraisal report. The summery appraisal report can be delivered, in triplicate, within approximately six week following receipt of your authorization to proceed. Please do not hesitate to contact me In the event you have any questions regarding this proposal. Very truly yours, LIDGARD AND ASSOCIATES, INC Scott A. Lidgard, MAI, CCIM Certified General Beal Estate Appraiser California Certification No. AG 004014 Renewal Date: March 13, 2008 I SALkb 1 LTDGAR.D AND ASSOCIATES Real EstateAppr ZalardCo=uftation rrrcar;PORATED EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) Revised:3102/07 $07639.2 Dace(mm/dd/yy) .ACOI?O" C'ERTI'FIC'ATE QF'HAB,UT.Y',INS.URAN,CE.` 5/30/2007 Produccr Jennifer Formaneck THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RICI ITS UPON THE CERTIFICATE HOLDER. Wood Gutmann &Bogart Insurance Brokers TI.115 CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE 15901 Red Hill Ave., Suite 100 COVERAGE AFrORDED BY THE POLICIES BELOW. Tustin CA 92780 _—INSURERS A RIDING CO I-RAGE 714 505.7000 INSURER CNA www.wgbib.com A License No. 0679263 INSURER Insured ING09ER Lidgard&Associates, Inc. INSURER 2808 E. Katella Ave.#107 INSURER Orange CA 92867 E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED PTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD•INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY MSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER OATF DATL OMITS MM/DD/YY MM/Dn y GC COMMERCIAL LIABILITY FIRE DAMAGE ERCE s A COMMERCIAL GENERAL LIAR 2077135975 3/4/2007 3/4/2006 FIRE DAMAGE(An ono Rnq S _ CLAIMS MADE OCCUR MED EXP(Any one ymon) S 10 DOD PyR50NAL 6 ADV INJURY s 1 DDO GENERAL AGGREGATE $ 2 O _ DDD L EN AGG LIMIT ri PUES PE— PRODUCTS-COMP/OP AGG 2 0Q0 D00 POLICY ROJECT M LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A ANY AUTO 2077135989 3/4/2007 3/4/2008 s 1,000000 ALL OWNED AUTOS BODILY INJURY SCHEOULED AUTOS (Prr wmn) 5 HIRED AUTOS BODILY INJURY NON.OWNED AUTOS IPcredcldcno S Comp Ded 500 PROPERTY DAMAGE CGII Ded 1000 (Per...ldego S GARAGE LIABILITY AUTO ONLY.EA ACCIDENT S ANY AUTO OTHER TKAN EA ACC$ AUTO ONLY. AGGS EXCESS LIABILITY EACH OCCURRENCE S OCCUR M CLAIMS MADE AGGREGATE S F DEDUCTIBLE RETENTION S S A EMPLOY11R5'UABIUTY N& 2077136009 3/4/2007 3/4/2008 EACH ACCIDENTRY rHER EL EACH ACCIDENT S 1 OQQ DDD EL DISEASE-EA EMPLOYEE s 1 9Q O EL DISEASE•POLICY 4IM11 Is 1 D DDD A Uusiness Income 207 5975 3/4 20 7 T41208 Inc w Extra Exp- ALS-12Months uk5CRIP I O F OPERA NS LOCA I N VEHIC ]L% LUS N ADDED B NDORSEM i PECIAL PR VISIONS Certificate holder is named as additional insured, endorsement to follow from Carrier. CIERTIpICATE,HOWERR CANCIELLATMNI' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL 0100M'Xjl MAIL City of Palm Springs Community 30* " OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Redevelopment Agency LEFT, Attn;Kurt Watts Ktf1c ( Xt41(�V �MI4MXXrPf )kV2CMx 3300 E.Taquitz Canyon Rd. 10 Days ter Non-Payment of Premium Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE c Peter Barsky ACORD 25-S(7/97) '�';,, _ . .,I „^. /'•� �v,• Y._ .9".' ©,ACORO CORPORA -. TION 199a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing in5uror(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) created at www,e GertsONLINE.com 2077135975 Lidgard R Associates, Inc 5/3 012 0 0 7 SB-146935-A CNA (Ed. 01106) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL. INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: City of Palm Springs Community Redevelopment Agency Attn: Kurt Watts 3300 E.Taquitz Canyon Rd. Palm Springs CA 92262 (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. Paragraph C. WHO IS AN INSURED is amended to 3. The coverage provided to the additional insured include as an insured any person or organization, by this endorsement and paragraph F.9. of the including any person or organization shown in the definition of"insured contract" under Liability and schedule above, (called additional insured)whom you Medical Expenses Definitions do not apply to are required to add as an additional insured on this "bodily injury" or"property damage' arising out of policy under a written contract or written agreement; the "products-completed operations hazard" but the written contract or written agreement must be: unless required by the written contract or written 1. Currently in effect or becoming effective during the agreement. a term of this policy;and 4. The insurance provided to the additional insured 2. Executed prior to the "bodily Injury," "property does not apply t "bodily injury," "property damage,"or"personal and advertising injury." damage," "personal and advertising injury" or x arising butt of an architects, engineer's, or s B. The insurance provided to the additional insured is surveyor's rendering of or failure to render any limited as follows: professional services including: 1. Thal person or organization is an additional a. The preparing, approving, or failing to prepare insured solely for liability due to your negligence or approve maps, shop drawings, opinions, specifically resulting from your work for the reports, surveys, field orders, change orders additional insured which is the subject of the or drawings and specifications;and written contract or written agreement. No b, Supervisory,or inspection activities performed coverage applies to liability resulting from the sole as part of any related architectural or negligence of the additional insured. engineering activities. 2. The Limits of Insurance applicable to the C. As respects the coverage provided under this additional insured are those specified in the endorsement, BUSINESSOWNERS LIABILITY written contract or written agreement or in the COVERAGE FORM is amended as follows: Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not 1. The following is added to E.2. Duties In The Event in addition to, the Limits of Insurance shown in the of Occurrence, Offense, Claim or Suit — Declarations. SB-146935-A Page 1 of 2 (Ed. 01/06) Se-146935-A (Ed. 01/06) e. An additional insured under this endorsement until we receive written notice of a claim or will as soon as practicable: suit from the additional insured. (1) Give written notice of an occurrence or on 2. The following is added to Paragraph H. of the offense to us which may result in a claim BUSINESSOWNERS COMMON POLICY or suit under this insurance; CONDITIONS: (2) Tender the defense and indemnity of any H. Other Insurance claim or suit to any other insurer which also has insurance for a lass we cover 4. This insurance is excess over any other under this Coverage Part;and insurance naming the additional insured as an insured whether primary, excess, (3) Agree to make available any other contingent or on any other basis unless a insurance which the additional insured written contract or written agreement has for a loss we cover under this specifically requires that this insurance be Coverage Part. either primary or primary and f. We have no duty to defend or indemnify an noncontributing. additional insured under this endorsement SB-146935-A Page 2 of 2 (Ed, 01106) Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the Agency, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to Agency of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the Agency, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by Agency prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify Agency, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate; and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the Agency's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects Agency and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by Agency and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against Agency, its elected officials, officers, employees, agents, and volunteers. 2 RCviSod:3102107 5076392 B. Errors and Omissions Coverage. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to Agency of the purchase of the required tail insurance or continuation of the professional liability policy. C. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the Agency. D. Verification of Coverage. Consultant shall furnish Agency with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the Agency before work commences. Agency reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the Community Redevelopment Agency of the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The Community Redevelopment Agency of the City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the Agency'"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have..." ("as respects City of Palm Springs Contract No. " or"for any and all work performed with the Agency" may be included in this statement)_ 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 13 Revised:3/02/07 507639.2 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Community Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. E. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the Agency prior to commencing any work or services under this Agreement. At the option of the Agency, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its elected officials, officers, employees, agents, and volunteers, or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 14 Revised:3/02/07 5076392