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HomeMy WebLinkAbout05227 - TERRA NOVA FOCUSED ENTITLEMENT EAGLE CANYON PROJECT CANCELLED SEE A5227 Terra Nova A5227 Cancelled -- See A5240 FAIR - - - - ry re MEMORANDUM �r41 Fo y t�"- TO: Loretta Moffett Development Services FROM: Kathie Hart, CMC 01 Chief Deputy City Clerk DATE: April 5, 2006 SUBJECT: Terra Nova —Cancellation of A5227 (Focused Entitlement— Eagle Canyon Project) Attached is a duplicate original of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment A.CoppLMSA� City ®f Pahn Springs c~i m Thomas J. Wilson *'; * Assistant City Manager tp , Department of Development Services <' Q 3200 East Tahquitz Canyon Way m Palm Springs,CA 92262 gt(FO Tel:760-323-8248 -Fax:760-322-8360-E-mail: TomW@ci.palm-springs.ca.us RE: CONTRACT SERVICES AGREEMENT FOR FOCUSED ENTITLEMENT AND PLANNING SERVICES FOR THE NEXUS-DEVELOPMENT- EAGLE CANYON PROJECT 5.1070-PD-317/TTM 33047— PHASE I IT IS HEREBY UNDERSTOOD AND AGREED by and between the City of Palm Springs and Terra Nova Planning & Research, Inc. that the Phase I, Contract Services Agreement between the above parties dated February 14, 2006, in the amount of $24,580.00 is hereby cancelled and replaced with Agreement No. A5240, Minute Order 7824, that combines Phase I and Phase II of the Nexus Development - Eagle Canyon Project 5.1070-PD-317 / TTM 33047 for a total of $66,870.00 as approved by the City Council at their March 1, 2006 meeting. DATED this ��� day of reh, 2006 in the City of Palm Springs, California. TERRA NOVA PLAN NG & RESEARCH, INC. CITY OF PALM SPRINGS Eiy liG17P- � E3y� J Nicole S uviat M4�'O'qx1j: Thomas J. Wil n ' Vice President & Projec nager Assists t City anager B �1 /`��6 r"�✓fin—,f Y Y - Cohn D. Cristy DouLlas C. Holland , resident CitjAttorney ATTEST: BYE �/Ces Thompson David H. Ready �� i�y Clerk City Manager 0MGMAL SID AN'UIOR AGREFMEIII-11 Post Office Box 2743 Palm Springs, CA 92263-2743 - 'Web: wavw.ei.p3airn-spdng,.ea.ans SAt1,1 S W MEMO ANDUM x �^+ikiF4 TO: Loretta Moffett Development Servicgs FROM: Kathie Hart, CM Chief Deputy Cy Clerk r DATE: February 5,t" 006 13UBJECT: Terra N "a —A5227 (Eagle 7anyonl Project) Attached is a duplicat "original of the above referenced agreement for your files and distribution. We have kept the or' inal copy for our records. Please feel free t contact our office if there are any concerns. /kdh Attachment �y \C CITY OF PALM SPRINGS r'� CONTRACT SERVICES AGREEM FOR FOCUSED ENTITLEMENT SERVICES (EAGLE CANYON PROJECT— 5.1070-PV317 / TTM 33047) %y THIS CONTRACT SERVICES AGREEMEINT (herein "Agreement"), is made and entered into this 1 2Do b /`by and between the CITY OF PALM SPRINGS, a municipal c rporation, (hereinu'City") and TERRA NOVA PLANNING & RESEARCH INC. (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The-`parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Serv,Les. In compliance with all terms and conditions of this Agreement, the Contractor shall p bvide 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 thy'"services"or"work" hereunder. As a material inducement to the City entering into thf"s Agreement, Contractor represents and warrants that Contractor is a provider of fi Yi class work and services and Contractor is experienced in performing the work and s rvices contemplated Ngein and, in light of such status and experience, Contractor covenants that it shall follow t fig est professional standards in performing the work and rvices required here deUran� at all materials will be of good quality, fit for the purpos Intended. Forp osreement,.the phrase "highest professional standards" shall mean those tan s of practice recognized by one or more first-class firms perfor ing similar work un filar circumstances. 1.2 dontractor's Prop s I. The Scope of Service shall inch e�the Contractor's propos 'I or bid which sh I b corporated herein by this referenc s hough fully set forth herei In the event of an onsistency between the terms of posal and this Agreeme , the terms of tl�a,4Jreement shall govern. 1.3 Com liance •i�t�Law. All services re e d her n r shall be provided in acco dance w h all di nces, resolutions, st to ule gulations of the: City and an Federal, to o al governmental a ing ju iction in effect at the time servic, is rendered. .4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost nd expense such licenses, permits and approvals as may be required by law for the pert mance of the services required by this Agreement. Contractor shall have the sole obliga on to pay for any fees, assessments, and taxes, plus applicable penalties and interest, w ich may be imposed by law and arise from or are necessary for the Contractor's performa ce of the services required by this Agreement, and shall indemnify, defend and hold har less City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 5.1070 Eagle Canyon—Terra Nova Contract ° ����'�� �J�ua t � 1 of 18 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to 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 5.1070 Eagle Canyon—Terra Nova Contract 2 of 18 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. 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 Contractortake 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 TWENTY-FOUR THOUSAND FIVE HUNDRED EIGHTY AND NO/DOLLARS ($24,580.00)(herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i)a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates, 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 UNDERTHIS SECTION 2.'I IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM OBLIGATION IS RE-ACHED BEFORE THE CONTRACTOR'S SERVICES UNDER THIS AGREEMENT ARE COMPLETED, CONTRACTOR WILL NEVERTHELESS COMPLETE THE 5.1070 Eagle Canyon—Terra Nova Contract 3 of 18 SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT. 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 prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "A", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)yearfrom the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "A"). 5.1070 Eagle Canyon—Terra Nova Contract 4 of 18 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are; hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Nicole Sauviat Criste, Principal Terra Nova Planning & Research, Inc. 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 tends of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award 5.1070 Eagle Canyon—Terra Nova Contract 5 of 18 subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as 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 oragents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole Cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) 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 5.1070 Eagle Canyon—Terra Nova Contract 6 of 18 liability in the amount of$1,000,000 bodily injury and property damage, 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 "B". 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 City with 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 5.1070 Eagle Canyon—Terra Nova Contract 7 of 18 activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of orfailure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, 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 5.1070 Eagle Canyon—Terra Nova Contract 8 of 18 or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify Cityfor 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 priorwritten approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so 5.1070 Eagle Canyon—Terra Nova Contract 9 of 1$ long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention 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 orfailing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the: Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a niondefaulting 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 5.1070 Eagle Canyon—Terra Nova Contract 10 of 18 be liable for and shall pay to the City the sum of ($ ) 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 "A"). The City may withhold from any monies payable on account of services performed bythe Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60)days'written notice to City, except that where termination is due to the fault of the City, the: period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all 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 darnages), 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. 5.1070 Eagle Canyon—Terra Nova Contract 11 of 18 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the: City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officeror 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.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and 5.1070 Eagle Canyon—Terra Nova Contract 12 of 18 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 compejbntjurisdiction, such invalidity or unenforceability shall not affect any of the remaining p ases, sentences, clauses, paragraphs, or sections of this Agreement which are ereby declared as severable and shall be interpreted to carry out the intent of the p ies hereunder unless the invalid provision is so material that its invalidity deprives eith party of the b benefit of their bargain or renders this Agreement meaninglessZuting 10 9.5 Corporate Authority. The pers/ndtothe this en n behalf of the parties hereto warrant t t (i) such party is danized and exi ng, (ii)they are duly authorized to execute and er this Agreen behalf f party, (iii) by so executing this Agreement, s h y is formally bg ovis f this Agreement, and (iv) the entering in th greement doeq not violate ision of any other Agreement to which s J, p is bound. IN WITNESS WHERE he parties have,4uted and t red into this Agreement as of the date first written bo e. ` CITY OF PAL SPRINGS A TTEST: 1"� `,VVV�� a municipal corporation BvyTM: BY: C't lerkCity Manager ate'i APPROVED BY CITY MANAGER APPROVED AS `i � t By: City Attorngy 5.1070 Eagle Canyon—Terra Nova Contract 13 of 18 CONTRACTOR: Terra Nova Planning & Research, Inc. Check One: 400 South Farrell, Suite B-205 _IndividiAl_Partnership_Corporation Palm Springs, CA 92262 Corporations require two notarized signatures, one from A and/one from B: A. Chairman of Board, President, or any Vice President: and B. Secretary, Ass i6tant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By: By: Signatu tarized) SigKa7ur6jnotari ed) Name j6pkrl / ).4 1'sTG1 �J Name: e10 _ Title: fCSI`d[r17 �E%' Title: 1/1 C/% F���yp Address: 46,9 4. F✓r�// /;�,�y S 6-Z06 Address: Lil1(l"' hL State of �,LC�t�YY��w✓ St to o�j �t tDYYIIGC County of 'R 1 ss of K s;l-de— ss r� On beGe.m W a a re r'Ti 2 ,GDS b fo , On DCLE be'iy as ,a DD S before me CA fIe,R7J e Cc e o ally lr-, personally appeared S h b. Cr - e appeared D I Ca - Cr S�e ,perseRafly-kne to hie (or prove to me on personaiiq knowlrt e r proved to me on the basis of sasfactory evidence) mote the the basis of s isf evidence) to be the per'son(s-)who a name(&}is/are u ibed to person(&)who m ) is/are subscribed to the within ins um nd ackn ed to me the within of a acknowledged to me that he/ a ecute same in that -hefshe/they executed the same irbN his/krer/thet authorize capac , and that krts/her/their authorized capacity(-ies), and tha f o id by his/Hier- rsignature n th instrument by kris/her/their signature(s-) on the instrumen 0 the pers n'(sj; or the entity upon behalf of the person(s} or the entity upon behalf of a which t e erson acted, executed the which the w — ~ Zrv3 0 a p (sj person(&) acted, executed the o O o 2 . instrum nt. instrument. a = � o 9 'O d ' E2i� WITNESS my hand and official seal. WITNESS my hand and official seal. O 'EE o'er E U U 1/�, �n I a / � • / 2 Notary f` Notary ' Signature: Signature: m , `�Lo I VNN Notary Seal: Notary Seal: CARRIE ROVNEY Commission# 1348457 5 1070 Eagle Canyon-Terra Nova Contract z Notary Public-California 14 of 18 `ay Riverside County My Comm.Expires Mar 26,2006 EXHIBIT "A" SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE Consultant agrees to perform the following Scope of Services for "Eagle Canyon", the proposed developer of 75 single-family units and 230 townhomes on 80 acres within the Planned Development District near Indian Canyon west of the Canyon access from South Palm Canyon Drive between Murray, Canyon Drive and Bogert Trail (Case No. 5.1070-PD- 317 / TTM 33047) in the City of Palm Springs hereinafter referred to as "Project": PRELIMINARY SERVICES: Staff Meeting — Review application, give first cut comments (Ifirst Friday following re-submittal; PS, inc. Planning, Engineering, Building, Fire; TN) Preliminary Environmental Review (Review of issues with City staff, determination of level of review required; PS Planning and Engineering, TN) Completeness Determination Intra-Agency Application Circulated Completeness Letter Prepare Environmental Document (TBD) Schedule Architectural Advisory Committee Prepare AAC Staff Report AAC Meeting Public Review of Environmental Documents Schedule Planning Commission Hearing Property Owners' Notification/Public Hearing Notice Prepare Planning Commission Staff Report Schedule City Council Hearing Planning Commission Hearing 5.1070 Eagle Canyon—Terra Nova Contract 15 of 18 Property Owners' Notification/Public Hearing Notice Prepare City Council Staff Report City Council Hearing Prepare and Post Notice of Determination (within 5 days of CC hearing; TN) CEQA Appeal Period (30 days from posting of NOD) 5.1070 Eagle Canyon—Terra Nova Contract 16 of 18 EXHIBIT "B" SPECIAL REQUIREMENTS City hereby waives Section 5.3 as a requirement in this Agreement. City hereby waives Section 7.7 as a requirement in this Agreement. 5 1070 Eagle Canyon—Terra Nova Contract 17 of 18 EXHIBIT "C SCHEDULE OF COMPENSATION Consultant shall complete the work outlined above in accordance with the fees schedule identified below and shall invoice Client on a monthly basis on the percentage of completion. Client agrees to compensate Consultant for such services as shown below. Based on our history with this project, and the level of review and analysis to prepare for Planning Commission and City Council hearings,the following reflects our estimates forthe project, without the environmental component. TASKS DESCRIPTION F E E S Preliminary Focused Entitlement Budget Eagle Canyon Project Budget Item Amount Consultation/Meetings/Coordination (City, Applicant, internal) (50 hrs.) $ 5,500.00 Data Collection, Application Review & Analysis (36 hrs.) $ 3,960.00 CEQA Documentation and Drafting $ Pending Preparation & Transmittal of Initial Study NOI, NOD, Public Notices, etc. * $ Pending AAC, HPC, PC & CC Staff Reports (36 hrs.) $ 3,960.00 Attendance and presentation at public hearings (16 hours) $ 1,760.00 Administrative Support (40 hrs.) $ 1,600.00 Subtotal $ 16,780.00 Special Tasks *Includes Terra Nova staff hours and subcontract management, analysis, and documentation. Special Studies, if required $ Pending Air Quality Impact Analysis $ 3,800.00 Subtotal $ 3,800.00 Relmbursables: (copies of receipts to be included with invoices) CAD Drafting and Misc. Exhibit Preparation $ 1,000.00 Miscellaneous Printing2 $ 1,000.00 Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 2,000.00 Subtotal $ 4,000.00 Total $ 24,580.00 5.1070 Eagle Canyon—Terra Nova Contract 18 of 18 Best's Rating Center- Search Results Page 1 Page 1 of 1 i M r a• View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One �'Search Results Page 1 of 1 1 Rated and non-Rated companies found,results sorted by Company Name Criteria Used:Company Name: Company names starting with state farm general insurance To refine your search, please use our Advanced Search or view our Online Hein for more information. MEersn ,:ma "YR P stoic fans general insurance View results starting with: ABC D E F G H I J K L M N O P Q R S T U V W X Y Z j Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ t Outlook/ �^ AMB# Company Name Rating Implication Long-Term Implication Short-Term Domicile 02473 State Farm General Insurance B++ Stable US:Illinois Company (Properly/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0111 71200 6 04:50 PM E.S.T. Financial Strength Ratings(FSR)are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health-A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Bests Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,indudin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Securit_I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company,Inc.All rights reserved. ff - 8 a _OIdWIQR,NOW Jersey, . o`o �Al�uv littp://www3.anibest.com/ratings/RatingsSearch.asp?AltSrc=9 01/17/06 JAN-10-2006 TUE 10:06 AM FAX NO, . P. 02 /� POLICYNOLMR COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION IN SUFi AN CE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-01-2000 GROUP: POLICY NUMBER: 1097491-2005 _ CERTIFICATE ID; 22 CERTIFICATE EXPIRES: 09^01-2008 - 09-01-2005/09-01-200e CITY OF PALM SPRINGS SK U08:ATTN: BRUCE dOHNSON 3200 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 This is to certify that we have issued a valid Workers Compensation insurance policy in a form approved by The California Insurance Commissioner to the employer named below for the policy period indicated. 1 This Polley is not subject to cancellation by the Find except upon 30 days advanoa written notice to the employer- i We will also give you S0 days advance notice shculd this policy be cancelled prior to its normal expiration- This certificate of insurance is not an Insurance pnilcy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which IT may pertatn, the insurance afforded by the policy described herein is suaject to all the terms, exclusions, and conditions, of such policy, i AUTHORIZED REPRESENTATIVE PRESIDENT i EMPLOYER'S LIABILITY LIMIT INCLUDING DE12ENSE COSTS: $1,000.000 PER OCCURRENCE. ENOOMMMENT NO015 ENTITLED ADDITIONAL INSURED EMPLOYCR EFFECTIVE 2003-09-01 IS ATTACHED TO AND FORMS A PART OF THIS. POLICY, NAME OF ADDITIONAL INSURED: CITY 13P PALM SPRINGS ENDORSEMENT A1SOO - JOHN D. CRISTE,F"RES,SEC„ TREASURER ^ EXCLUDED- ENDORSEMENT X1800 - NICOLE S. CRISTE'_ VICE PRESIDENT - EXCLUDED. ENDORSEMENT N2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2001 IS ATTACHED TO ANP FORMS A PART OF THIS': POLICY. I EMPLOYER i TERRA NOVA PLANNtW & RESEARCH,1NC. DBA:TERRA NOVA PLANNING & RESEARCH INC. 400 S FARRELL DR STE 0205 PALM SPRINGS CA 92262 M0410 . IIREV.2-051 PRINTED : Ofl^17-2005 it Jan 31 06 05: 31p George Stettler 7607709202 p- 2 -�tr r"i; CERTIFICATE OF INSURANCE _ I ;'• This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois E� Q STATE FARM GENERAL INSURANCE COMPANY JJpporningtonj Illirtip r 1 STATE FARM FIRE AND CASUALTY COMPANY,S dd 'r--d h, tntaiiu ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven, Florida. ❑ STATE FARM LLOYDS, Dallas,Texas insures the following policyholder for the coverages indicated below: CITY (:%LjtRV, Policyholder TERRA NOVA PLANNING AND RESEARCH, INC. - Address of policyholder 400 S FARRELL ➢RIVE, SUITE B-205, PALM SPRINGS, CA 92262 Location of operations SAME Description of operations The policies listed below have been issued to the policyholder for the policy periods shown, The insurance described in these policies Is subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims POLICY PERIOD LIMITS OF LIABILITY - POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 90-63-8'197-9 Comprehensive 09/15/05 09/15/06 BODILY INJURYAND Business Liability 09/15/05 09/15/06 PROPERTY DAMAGE --- .'•------------------- '---------'-•------------- "------- This insurance indudes: [] Products-Completed Operations ❑Contractual Liability Each Occurrence $ 1,000,000 ❑Personal Injury ❑Advertising Injury General Aggregate $2,000,000 ❑ Products-Completed $ ❑ Operations Aggregate EXCESS LIABILITY POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE Effective Date Expiration Data (Combined Single Limit) ❑Umbrella Each Occurrence $ ❑Other Aggregate $ POLICY PERIOD Part I-Workers Compensation - Statutory Effective Date ; Expiration Data Workers'Compensation Part It-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) V85 4787-A13-55H AUTOMOBILE 01/13l06 Ol/13/07 $ 1,000,000.00 CSL THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,E)KTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder If any of the described policies are canceled before their expiration dale, State Farm will try to mail a written notice to the certificate holder 30 days before ADDITIONAL INSURE➢; cancellation.if however,we fail to mail such notice, CITY OF PALM SPRINGS no obligation or liability will be imposed on State 3200 E TAHQUITS CANYON WAY Farm or Its agents or representatives. PALM SPRINGS, CA 92262 Signature of Authorized Representative AGENT/OWNER 01/28/06 Title Date GEORGE STE'TTLER Agent Name Telephone Number 760-770-0700 Agent's Code Stamp Agent Cade 55-8863 AFO Code F422 558-994 s.G Rev,1 1 413-2 9 9 4 Pdnled in U S A. p A Palm Springs — , ity o j. y►> Thomas J.Wilson y" .Assistant City Manager *: * Department of Development Services C,q�, N�Q 3200 East Tahquitz Canyon Way • Palm Springs,CA 92262 Tel:760-323-8248•Fac:760-322-8360•E-mail: TomWnc.aaLn-sP uig xa.us December 16, 2005 Mr. Rich Meaney Nexus Development 1 Mac Arthur Place, Suite 300 Santa Ana, CA 92707 RE: Eagle Canyon Project, Case 5.1070-PD-317 /TTM 33047 Newport Federal —SPC Investors General Partnership Professional Services Contract—Terra Nova Planning & Research Dear Mr. Meaney: The City has entered into a contract with Terra Nova Planning & Research, Inc, for Focused Entitlement Services on the above project. In order to proceed with the work on this project, by signature below, please formalize the commitment to fund the engagement of Terra Nova for the contract amount of $24,580.00 for professional services plus the City's Planning Administrative fees of$3,072.50—a total of$27,652.50. We would appreciate receiving immediate payment of $27,652.50 so these project services can move forward. Please reference Project Eagle Canyon — 5,1070, on your check made payable to the City of Palm Springs, and mail to my attention at the address shown below. Thank you for your immediate assistance -- we look forward to working with everyone for a successful completion of this important project. Please let me know if you have questions. Sincerely, Thomas J. Wilson LW Itlm 51070 Eaglo Canyon Tetra Nova 01 By signature we agree to fund the total of $27,652.50 for Focused Entitlement Services and the City Planning Administrative fees related to the above project. It is understood that additional fees, such as City Attorney legal fees or other related fees incurred by the City in behalf of Eagle Canyon Project 5.1070-PD-317 will be paid upon request. 8y LOS thorize gnature for Eagle Canyon I bate Post Office Box 2743 0 Palm Springs, CA 92263-2743 • Web: www.ci.palm-springs.ca.us Prrrivr:n IIFr 9. R 7m6 Page 1 of 2 Kathie Haut From: Troy Butzlaff Sent: February 14, 2006 12:10 PM To: Kathie Hart Subject: RE:: Insurance -Terra Nova A5227 Yes. I had indicated that this was acceptable to Loretta in Tom Wilson's office about a week ago. Obviously, this information never made it to you. Troy 4X Y Troy L. Butzlaff Assistant City Manager rSfr�Ltw'w City of Palm Springs 3200 E. Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 274:3 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD. (760) 864-9527 www.ci.palm-:aprings.ca.usTroyB ci. alm-springs.ca_us From: Kathie Hart Sent: Tuesday, February 14, 2006 12:03 PM To: Troy Butzlaff Cc: Jay Thompson Subject: Insurance -Terra Nova A5227 Good Morning Troy In reviewing the agreement w/ Terra Nova for consulting services for the "Eagle Canyon" project, it has come to my attention there is a deficiency. Page 8, Section 5.4 states "Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated 'A' or better in the most recent edition of Best Rating Guide, ..." The Best Rating is B++. You authorized the execution of the agreement with Terra Nova on the Rae[ project. Will the insurance rating on this agreement be acceptable? Please provide direction on how to proceed. Thx! 02/14/06 Company ta ei T eFra MJ3a Planning & .i,e .2crCh Company Contact: Nicole Ciiste, Vflce President Summary of Services: Focused entitlement Planning services �n (Scope of Services spelled out in Exhibit `;A") Co �trac @ i Price: .„24,580.00 Funding Source: Rich idlaaney, Nexus Development Commitment Letter Agreement attached. Contract Term: Until cosy plei..ion or 180 days Lead Department: Planning Services Coniract.Administrator: Edward Robertson, Principal Planner c Cran$9"a lid; A�amUraaaak. Council/Cornmunity redevelopment > ' Agency,Approval Date: Minute Order/ Resolution Number. Agreement No: a;) Exhibits: A-Scope of Services E, Schedule of Performance, B-Special requirements, C-Schadule of Compensation, Signatures: John D. Crisfie, President, and Mcole Sauviat Criste, VP (both notarized) Insurance: Cer¢ificatn of Liability- Workers K`? Employers Comp and Professional Liability Bonds: Ll/A Contract prepared by: Assistant City Maariager-Torn Wilson �f • Submitted on: By: e�'