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HomeMy WebLinkAbout04980 - GEORGE FARRIS 488 ENVIRONMENTAL SERVICES FOR CATEGORICAL EXCLUSION DOCUMENTS LAND EXCHANGE PROGRAM E. PALM CANYON SUNRISE WAY 488 Environmental Categorical Exclusion Documents COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF AGREEMENT# 4980 CM signed 10-21-041-04 CONTRACT SERVICES AGREEMENT THI,$ CONTRA T SERVICES AGREEMENT (herein "Agreement"), is made and entered into this J ,dkV ay of O� • 2004,byand between the COMMUNITY REDEVELOPMENT AGENCY OIF THE CITY OF PALM SPRINGS,a public body corporate and politic,(herein"Agency') and 488 ENVIRONMENTAL, a sole proprietorship, (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 Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services"or"work" hereunder. As a material inducement to the Agency entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fullyset forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City of Palm Springs and any Federal, State or local governmental agency having jurisdiction in effect atthe time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Agency against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against Agency hereunder. 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 Agency of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. H:\USERS\CURTISVV\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to fumish 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 Agency, except such losses or damages as may be caused by Agency'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 cant' out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. Agency shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra worts 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 or $25,000;whichever is less,or in the time to perform of up to one hundred eighty(180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Agency. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any,which are made a part hereof are set forth in the"Special Requirements"attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B" shall govem. 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 THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500.00) (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 and per diem 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 bythe Agency; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no H:\USERS\CURTISW\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC later than the first(1't)working day of such month, Contractor shall submit to the Agency in the form approved by the Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3,Agency shall pay Contractor for all expenses stated thereon which, are approved by Agency 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. Contractorshall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180)days cumulatively. 3.3 Force Majeure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to,acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Agency, if the Contractor shall within ten(10)days of the commencement of such delay notifythe 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 delaywhen and if in the judgment of the Contract Officer such delay is justified. The Contract Officers determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the Agencyfor any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement,this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit"D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: George R. Farris It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for Agency 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 Agency. H:\USERS\CURTISVV\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC 42 Contract Officer. The Contract Officer shall be such person as may be designated by the Agency Executive Director. 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 Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer_ The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aqainst Subcontracting or Assiqnment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the Agency 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 Agency. 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 Agency. Transfers restricted hereunder shall include the transferto 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 Agency. The Agency's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available,to persons or entities with offices located in the Coachella Valley("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the Agency to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the Agency 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 Agency 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 Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. Agency shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at anytime or in any manner represent that it or any of its agents or employees are agents or employees of Agency. Agency shall not in anyway or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall procure and maintain,at its sole cost and expense, in a form and content satisfactory to Agency, during the entire term of this Agreement including any extension thereof, the following policies of insurance: H:\USERS\CURTISW\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.00C (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at 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 Agency as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily 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'V. All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and contribution it may have against the Agency, 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 Agency 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 Agency. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in anywaythe extent to which the Contractor may be held responsible forthe 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 Agency,its officers,agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, and in connection therewith: H:\USERS\CURTISW\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC (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) Contractorwill promptly payanyjudgment rendered against the Agency, its officers,agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder;and Contractor agrees to save and hold the Agency,its officers,agents, and employees harmless therefrom; (c) In the event the Agency, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work,operation or activities of Contractor hereunder, Contractor agrees to pay to the Agency, its officers,agents or employees,any and all costs and expenses incurred by the Agency, 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 Agency a performance bond in the sum of the amount of this Agreement, in the form provided by the Agency, 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's Key Rating Guide or in the Federal Register, unless such requirements are waived by the Agency Executive Director or designee of the Agency Executive Director due to unique circumstances. In the event the Agency Executive Director determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the Agency, 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 Agency Executive Director or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Executive Director to the Agency within ten (10)days of receipt of notice from the Executive Director. 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 Agency is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services,the cost of the project being designed,Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. Ht\USERS\CURTISV,I\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC 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 Agency, 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 Agency 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 Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement.Contractor shall have no claim for further employment or additional compensation as a result of the exercise by Agency 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 Agency's sole risk and without liability to Contractor,and the Agency 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 Agency any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validityand 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 anyother appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten(10)days of service of such notice and completes the cure of such default within forty-five(45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health,safety and general welfare, such immediate action may be necessary. 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 Agency'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 Agencyto 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 Agency for any losses, costs, liabilities,or damages suffered by Agency,and(ii)all amounts forwhich Agency may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Mt\USERS\CURTISVJ\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC 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 fora claim of lien,Agency maywithhold from any payment due,without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of Agency to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect Agency as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting partyon 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 parfys consent or approval shall not be deemed to waive or render unnecessarythe other party's consent to orapproval 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 forthe same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default,to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the Agency the sum of ($ -None- ) as liquidated damages for each working day of delay in the performance of any service required hereunder,as specified in the Schedule of Performance(Exhibit "D"). The Agency may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The Agency 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, with or without cause, upon sixty (60) days written notice to Agency, except that where termination is due to the fault of the Agency, 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 as maybe 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 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 H:\USERS\CURTISVJ\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC Contractor to fulfill its obligations under this Agreement, Agency 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 Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts Owed the Agency as previously stated. 7.10 Attornevs' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in anyway connected with this Agreement,the prevailing party in such action or proceeding, in addition to any other relief which maybe granted,whether legal or equitable, shall be entitled to reasonable attorneys fees. Attorneys fees shall include attorneys fees on any appeal, and in addition a party entitled to attorneys fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Agency Officers and Employees. No officer or employee of the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the Agency 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 Agency shall have any financial interest,direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination, Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall he 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 Agency,to the Agency Executive Director and to the attention of the Contract Officer, COMMUNITY REDEVELOPMENT AGENCY OF PALM SPRINGS, P.O. Box 2743, Palm Springs,California 92263. In the case of the Contractor, it should be addressed 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 H:\USERS\CURTISW\CONTRACTS\CQNTRACT SERVICE AGREEMENT FARRIS NEPA.DOC 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 Inteciration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties,and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement,such party is formally bound to the provisions of this Agreement, and (iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. (Signatures on next page) H:\USERS\CURTISVACONTRACTS\CCNTRACT SERVICE AGREEMENT FARRIS NEPA.DOC IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS ATIS7 � a public body corporate and public By: /ILL_ /, ImIVv� `. .Ok� Assistant Secretary Executive Director APPROVED AS TO FORM: Agreement ovC unde S15,000 tIA V-, ,,A t+o't_rcde 7.espxtr) Reviewed and approved by By: _ Procurement&Contra ctin Agency Counsel Initials Date P.O. Number CONTRACTOR: Check one: _Individual Partnership _Cor ration Corporations require two notarized signatures: One signature mmst be from the Chairman of Board,President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer. or Chief Financial Officer). 488 ENVIRONMENTAL, a sole proprietorship j� A? �,©!,rl=D BY THE Ci'fY 1VEla'NAGER Printed Name: George R. Farris State of VV/��]�`1 1ll County of M'Kn, j f`s�s- n On 6 before me, c `��-�p��/� �1//�/�(Ij /1g�'�� , personally appeared �� b �Q- kC 1��./-as personally known to me(or pr ed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sho/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s).orthe entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Signature: X-k�, Notary Seal: / On EXHIBIT "A" SCOPE OF SERVICES Contractor shall, in keeping with his proposal dated October7,2004 attached hereto as ExhibitA-1 and under the terms of this Contract with the City's Redevelopment Agency ("Agency'), provide environmental review services necessary to prepare Categorical Exclusion (Cat Ex) documents associated with a land exchange program being pursued by the Agency and involving parcels of land located on East Palm Canyon Drive and the northwest corner of Sunrise Way and Tahquitz Canyon Way in the City of Palm Springs. Contractor shall: 1) Obtain the required Biological,Cultural Resources,and Phase 1 Surveys required for the processing of the Categorical Exclusion. 2) Prepare the Categorical Exclusion for submittal to the appropriate governing bodies. 3) Provide project management services, including attendance at meetings with Agency and Bureau of Indian Affairs(BIA)staff,to complete the processing and final approval of the Categorical Exclusion by the BIA. H:\USERS\CURTISW\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.00C EXHIBIT "A-1" CONTRACTOR'S PROPOSAL 488 ENVIRONMENTAL PO BOX 2731 GALLUP, NM 87301 (505) 722-7876 Mr. Curt Watts October7, 2004 City of Palm Springs Department of Community and Economic Development 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Dear Mr. Watts: 488 Environmental is pleased to submit this proposal to prepare Categorical Exclusion (Cat Ex) documents for the Land Exchange Project in Palm Springs, CA. The Cat Ex will comply with the National Environmental Policy Act(40CFR Parts 1500-1508) and Bureau of Indian Affairs NEPA Handbook 30 BIAM, Supplement 1. 1 have worked on numerous environmental studies on Indian Reservations both in the Palm Springs area and nation-wide. These studies include both gaming and industrial projects, and particularly include the Section 14 Master Development EIS/EIR for Palm Springs. A Scope of Services is attached. Also attached are my resume and a list of projects on which I have been involved. My services would be provided on a time-and-materials basis with a cost not to exceed the estimated amount without prior client authorization_ These land transfers are not seen as controversial projects such as casino even though there has been some public concern raised on the Section 14 Master Plan. However, if an excessive amount of comments are received, revisions will be prepared on a time and materials basis Work on the Cat Exs will begin immediately. Phase I Hazardous waste surveys are set for the second week in November. Cultural Resources and Biological Resources Surveys have also been scheduled and will be performed as soon as agreement between the City of Palm Springs and 488 Environmental has been reached. These surveys are required by the Bureau of Indian Affairs in order to support the finding in the Cat Exs. Once the field surveys have been completed, the Cat Exs will be finalized and will be issued for a 30-day public comment period. After that time, the NEPA process will be concluded for the land transfers. I look forward to working with you on this project. Please call me at 505/722-7876 if you have any questions or comments regarding this proposal. Sincerely, George R. Farris SUMMARY OF COSTS TASK 1: Environmental $ 5,000 Biological, Cultural Surveys and Studies Resources, Phase1 Surveys required. Consultants will be needed for Biological and Archeological Surveys. BIA will perform Phase I Surveys at no cost. TASK 2: Categorical $ 6,000 Includes all travel and Exclusion Preparation expenses. TASK 3: Project $ 2,000 Includes arranging for Management Cultural and Biological Studies and obtaining insurance required by the city of Palm Springs, TASK 4: Insurance $ 500 Cost only. TASK 5: Meetings, Site $ 00 Included. Visits Reimbursable Expenses $ 00 Included Allowance for responses to $ 00 None anticipated. comments on Categorical Exclusions. TOTAL $13,500 Due when Categorical Exclusions have been approved by BIA SCHEDULE Providing there are no unforeseen issues/delays concerning the Cultural and Biological surveys, the Categorical Exclusions will be completed and submitted to BIA within one week of BIA field visit set for November 9. 2 EXHIBIT"B" SPECIAL REQUIREMENTS Section 4.3 Tierra Environmental Services will provide the required Archeological and Biological Surveys as Contractor's subcontractor. Section 5A(a) Due to the nature of the work, the Commercial General Liability Insurance requirement is modified to require coverages only in accordance with the SPARTA Insurance Program coordinated through the Risk Management Office of the City of Palm Springs. The quote received by Contractor for said insurance requirement is attached hereto as Exhibit B-1, the cost for which is included in the Contract Sum specified in Section 2.1 of this Agreement. Evidence of said insurance coverage will be supplied to Agency upon execution of this Agreement and prior to Contractor's commencement of services. Section,5.1(c) Due to the nature of the work,the Business Automobile Insurance requirement is modified to require only evidence of personal automobile policy coverage for George Farris to meet this requirement. Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived. H:\USERSICURTISWICONTRACTSICONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC EXHIBIT B-1 SPARTA Insurance Quote gUiti mit i,.o „`-Sparta Qu6te#'W=126'50 �Iwurarce Services "`� C'e"Fe Date 10/7/2004 306 Chee Dodge 73hd. WIttp,NM 87303 7e afe able to oftir the tbllow4 t=i K'nicll are valid for 90 da3"4 ovorart BFARTA WST-3t qCE SAP a kM4 CommeMj!Ge =e Lkl:i:itr-Hw22 2 Cori act Valuo: $14.000 u.•cfo v Poriod;3 Montta Imuramac Ctfrier.-=km lmuvance Company Master Policy.3CM4099 Master Polioy Ef eaive Dafe:l 1.rZ/2003 to cVirztion imits $2,000,000 General AgFegate / Each occurrence / SI!000.009 Productc/Compl*A mperadosrs i $1.000,000 Petsovad&AcdrrztAing 1:.uufyr£5C.O-X,Fie n=RW/Medical Fevrmcus E,taludcd mdrtcubles 3500 BI&FD Per Clamant lududi-ig Lass Adjustment Rxp axn $45C.(10 n==p(Full Bmvcd) $14.06 '['axes(3LA Tax"ac Fees) $50.00 Certificate Fee(Fully Famul) TRfA S514.05 Taut ilfmNurtt crass 1.No Caeoelatiom Allawed.?rvmiura,toes cud&ea ere fully a zued at mwpuom onaitimu 2. Dparauons y_d Rnti3p,Dawd: C penal= -Pmpxing errrho=mal study) doing rematch in meu :cctn":cid btdldin� m1loodm4 data for p_operti<Y.Prepa:Lig ducmn:OnL+orr y uo a mel remimb. 3.Depermgeru:of Rldm ing . d_A&*daml Appi-able :.No Ptofeasional Liability Cmmp provk6d. The Tarorsm Risk Lzsuranec Apt of 2002,rcqullds us m Otis you a quote far terro6m eovarage.This tivowtiou is separato and not includod m your coverage prewr um TU uoymse Imp 1v ciccepted a rejc d by yea tad the arached form returned to in pricer to busdiue lditiv ! PAL34 SPRTNGB SPARTA tmvd 32%E.Tahquitz Cenym way cured: ?clm SprinV Ca 92262 ;duelaro -Asbestos,Assauh&natkry,Employer Related hwtiecs,5uMdrnce,ilcicW dorm Ceawad rs,Pollution,Cron.Bui6 Lead or Sma 17uef,Mold of Sio-o G�nl�c Grow&m MUden'.Piaidre 1?,�,^'�,t rLm;4 Br-aeh of C_^n o; y2y ZwEw a Harm, Mediod Payments,waf or Te--roriam, 'tbe nsm-Una pmvldeaunderlws po9cyis 3.7dr-.d:a your naA petr-med V-t• hair e'ib�e eatA a maP A,--AAdSmt1 -=d4 burned"above and doesn't e.5tead bsth'to any oth=wok p r=W by you,):your•x%trizatiom,Cavmue is hm i.,d to the dt"ption ofopmtiotu and rr lases Sated in-rmw&'''cedi3cxti iLYrt 2. Per t4-Master poUy,r eopy n 2va0abla by w4ten request t,, Mur iei;m&y insnzerxc Srnicex,inn.302 u'.Gatos Ave, 8Qdu4 47,AnLdra.Ch 92W5 .3a�ii=wZJCa.I�r�'YUCy' plS�WcaTs'+cqi•--•.••••• '�Yl•/�eoltaurya4Wt1m1.YYYlKJS1H�Mf1H2c�/.rtuNu�GtpV4�l'-4�R�nl}r�3SM1tiri>`Y=�-'La'�-�NtFWidiIXv].^-Y W2 W.Caritas A,,e B144' Aneheatt,CA 92805 (800)420-0555(;14)NK-1106 tv(71 d)687-1106 LkonsesCAX04349;OR•195d23 Website addreax v v,2spmta.eom EXHIBIT"C" SCHEDULE OF COMPENSATION Total compensation for the work to be performed shall not exceed $13,500 and shall be paid by Agency to Contractor upon completion of the Scope of Services following submittal of Contractor's invoice to Agency. H.\USERS\CURTISW\CONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.DOC EXHIBIT "D" SCHEDULE OF PERFORMANCE The work will be performed following Agency's notice to proceed over an expected two to three month period of time. Providing there are no unforeseen issues/delays concerning the subcontractor's completion of the Archeological (Cultural)and Biological surveys, the Categorical Exclusions will be completed and submitted to the Bureau of Indian Affairs (BIA) within one week of BIA filed visit set for November 9, 2004. H:\USERSICURTISWICONTRACTS\CONTRACT SERVICE AGREEMENT FARRIS NEPA.00C .r e --Sparta Quote wjzoo - ■^"�'•^�Insurmtce Services �� Dato ion/2004 306 Ghee 2>adgo Slvd WIup„Nlvf 87301 !c art able to offer the follow*turAL which ore valid for 90 dayi vVmse SPARTAINS77WAL' PP.CGR-4i.LCazmerola1GeneralLioL-i:ity-H¢yrd2 Contract Value: $14,000 CoNweac Period:3 Months lnsnraoce Carrier akm xocurui�Company Mahar Policy 3CM4099 Master Policy Rifective Dme.l1 22M03 to chpuuhon imits $2,000,000 General AWtptt i 51,000,000 Fdach. xcia-rence ' SLOXGM Products'Coanpldted op miom r 51,000.000 Pe sonal&Acxatiaiu„h6ury15 ,000 Fae Dmmage/Uc6jal Feymr-its 5xolucL-d rrdaetiblw SSW M&PD FCC Cvtusaiu!Uohtci4Lgi, AdjuStmer l rxpn�e S450.00 Pr�(Fully 8amcd) S14.06 Tare&(MA Taxae do POW $50.00 CectiCcetc Fed(Fully F�od) TRL $514.06 Total Ainosint ermc& 1.No Cxreeliaticm Allowed.Pterriium,toes and fads and full;aeraod at mcapsivn. onditiam I Operatum and Rating Based C-01 me - FzeFxcing <nvhvmndaial study, doing reeaareh in s7e11 co=n -cw buildMUL collecting data Am 7.opr,ties.PrcyuiQ do uxurtta only uo scrual roseardL 3.Depero =of Planning A-AAdirloiial kWxM(nj:Noe Appli_abl® 9.No Professional Liability Cmcrdp 1.m ldod. The Ten•orism Risk Imimincd Act of 2(W,reyuins us to offer you a quote for te=orem coverage.This l Wwticn is wparaw MCI not included ist year coverage pke ium Thu cvvcrasc ittw:be Accept d m tn)ented by vou end die arachnd form rchancd to us prior to biidm2, Id 00=1 PALM SPRINGS SPARTA toted 32X E.Taliquitr Canyon.way 0"-. ?aim Spniv Ca 922&z ;c[psioiyi Ashatos,Asmult&Battery,Employer RdaHd PmcGrs,Sul idmuo,L-j&Tp ideta Contract=.Pollution,Crom Sufis.Lead or Silica Duct,Mold or Bln.orplic:3romth or Milddul,PauiIIre Damagdc_0 n. al,Breach of C_^ ri, Y2K P]mfr=k Data, Medical Payment3, Aru or Tcrroiismr nI ims mice PrevidedundertiLi po5i y-ix 2r,*R d-o your work P-Tfamed an PalLilf of-die entity pamoo AA"Addiional%tamed la=r mbow and doeWI a.,,.md iieslf io eny edaz norl:pr.YfM7nLCl by you or sour y rudzetim Covane is Itritcd to the dscfiptim of operadom and m ing bases tstnd in'T=rA a_-[rdi4n,,il=3, per tL-Master polirv,a copy i%mflftbid by written request to, 9lunidpalhy btss ,nee Scrsncca,Inc,30:W Czntos Av=, Llutldutg h2,Anaheim,CA 92805 �iFdmm�iYmiii�uR�".iiSL.�yry-IiruyaSq-].Y.1:tiY'rkL'�vay.� 4uvnr�.:1GTNItrrWJLINMYI�Y cvuaryCLtVI'Ju>A+iRriI.TFO.�SNT:ICW.IL�CYI.tiYLW..Y..ei4l%icw,pli'fY U? N Curitos Are Hldg14 7 Amheaq CA 92805 iS i)420 0»5(714)6R2-1109 fax(7)4)687-1106 LicemwCA:0001n49;OR-1 95L23 Wobsitc address wrw 2zpmta.cem Ed wds@:ZT VOW L0 '7.013 Z662ZZZSOS: 'ON ?rod s1NNUAD: wozl� L- 3 ; ]7��J .l7 _ A N FhnneNumbet: 1-800-841-30UG �GOVL'�Mi:tqT EMPLOYEES INSURANCE coMPANY NEW Ivimcc) Policy Identiliaatioxi Card Zlicy Number Effective Date Expiration DaW {4674 6$-15-U7 04' 11-22-04- - YearfMakalMadellVelricle Identificalion I3urnbet n 2C3HC58G6'YIi271975 x dd CIIRY � LHS o Insured: GEORGE R FARRIS sm CM9 DODGE BLVD' m GALLTJP`i M 67001-602 N m m m N RICO. r C� PlioneTl�rinbor: 'I,800-841-3000 GOVERNMENT EMPLOY= INSURANCE COMPANY i o TH15 FORM MUST BEKEPT IN 711E MOTOR VHIHCLE WNHWE OSRRWICAT6 OF UWSWATION; ru Gi NEW MEXIGO Policy Identification Card m P'olicyNombei. . Effective Date ; Expiration Date m d674=fib-15-07 ' CD05--22•-U4 11-22-04 YdarwakelmOdellVelucle Identification N;unber v 3 93 DOI]GE VIPER RT10 fR31BR65E7M00700 �Insti red: GEORGER FARRIS A 3306 CHEF 730BGE BLVI) GALLU?Nlvi 873DI.6932 GDV£R1MEI TEMPLO3'EESMURANCECOMPANY POLICY NUMBER: 0674-68.15-07 DATE ISSUED: 04-19-04 PACE U VEHICLE FATED LOCATION CLASS 1 00 CHRY 2C3HC56G6YH271975 GALLUP NM 67301 A -N -50-64 D 2 93 DODGE 1B35R65E7PV200796 GALLUP NM 87301 A -N -50-64 B COVERAGES I LIMMS OR I PREMIUMS OD,rompepplio+ hmKvrc mn Or 0.00 is ohana forth, DEDUCTIBLES VEHI VEH2 VEH 1 BODILY INJURY LIABILITY EACH PERSON/EACH OCCURRENCE 5300,00078300,000 66.30 $4.00 PROPERTY DAMAGE LIABILITY $100,000 36.60 30.20 UNINSURED MOTORISTS BODILY INJURY EACH PERSON/EACH OCCURRENCE S300,000/8300,000 92.70 92.70 PROPERTY DAMAGE $100.000 .00 -00 COMPREHENSIVE $250 DED 54.00 63.70 COLLISION �250 DED 127.40 104.60 EMERGENCY ROAD SERVICE FULL 6-60 8.60 RENTAL REIMBURSEMENT $25 PER DAY 8.40 8.40 $750 MAX ISIX MONTH PREMIUM PER VEHICLE: S 390.90 S 362.20 If you elect to pay your prcmjuua in installzucnts,you may be subicct to an additional fee for each installment The fee amount wIU be shown on your billing statements and is subject to change. PREMIUMS FOR THESE VMCI,ES ARE BASED ON THE FOLLOWING DISCOUNTS ANWOR SURCHARGES: DISCOUNTS MULTI-CAR (VEH 1,25; ANTI-LOCK BRAKES (VEH 1) ; ANTI-THEFT DEVICE (VEH 1,2) ; 5 YEAR GOOD DRIVING (VEH I,2) LMNHOLDER VEHICLE LIENHOLDER VEJ�IIGLE LIENHOLDER VEMCLE U-31-OP 1NSURD COPY (20) 2d WHi;T:80 GOO? 2T -;Do MBLFELSOS: 'ON XU1 SI2NUJU: Wr / CONTRACT ABSTRACT Contract Company Name: 488 ENVIRONMENTAL Company Contact: George Farris Summary of Services: Environmental services necessary to prepare Categorical Exclusion documents associated with a land exchange program being pursued by the Agency and involving paroles of land located on E. Palm Canyon and Sunrise Way, Contract Price: $13,500 Funding Source: Community Redevelopment Agency Merged Area No. 1 - Unscheduled Capital #811-8191-50000 Contract Term: One Year(from contract execution) Contract Administration Lead Department: Community & Economic Development Contract Administrator: Curt Watts Contract Approvals Agreement No: TBD Community Redevelopment Agency Contract Amount under$25,000 Approval Date: To be approved/signed by Executive Director Minute Order/ Resolution Number: N/A Contract Compliance n LZ Exhibits: Attached Signatures: Attached Insurance: Attached (see Exhibit"B" of Contract) Bonds: N/A Contract prepared by: Curt Watts Submitted on: October 21, 2004 By: FROM :GFARRIS FAX NO. 15057227802 Oct. 27 2004 03:56PM Pi 11Famtm Municipality frl,% J �sj ,�jObfM &a,,Cet 10/27/2004 2:41 PM 00 C.• Sparta Program F4LNffA'.Y:u4!➢tlLl'.JYIr:ii1!'Y.AI,/Agel{puJgNIARgA'1WfWL'13iiL'u'I YY,�='^iL'.AVNNntty J9t"GX•�r14'wfy'Y,L"1'JYIrYA�.1RVdylp-A'XII'tp114:1x"I'!='A'FYP"A"PIIflNII'.MIMIXYMYRhLLW,Al'.CtA"nl"On1MN�-Nt ,,w#Trleured:' Named Additional Insured; George PAL\I SPRNGS SP.QTA 3C6 Chee Dodge Blvd 37,C0 E.Tallquitz Cvnyun Way allup,NM 87301 P duL Springy CA 53262 :erfif-AgfirfM SPS03-0002 overage SPARTA WUILUTCE PRCG'LLtiL Conmercicl General Liobi=inr-Hazard 3 Cvutrac'Value: $14-OOO.t10 Coverage Fen 10/27/3004 to 3/-277=5 ti lux&�Cagier.Bscx Ia•;um7oe Company NIulnr kolic:':3CM4089 lvf =Polh v E:feotive Dated 112=2003 Lv c�pkativrr ImifJt $2-006,000 Gentnil J&i pte r $1,000.0(4 Evclr a•curre e / 31,01)U,000 Producu/Completed operarims 51,000,000 Personal&Advcrtis4 Lajary150,000'Ere I)=Laj e/Medical Payments Excluded 'eductibles $500 BI&PD Par C.launnnt]ncludcto Lusty Ad usmtant Bxpe7ac 5450.00 Premittu(Sully Earned) S14.09 Tans(Fully Ewzvd) $63,50 CertifnteFcc(Fully IIa�+edj TRIA $527,56 Tail Amu= erns A I No Caneallarirms A1'.6wcd.Preutiurn.Luxes and Fees,are Fully armed at inx pdcn onditions Z Opw.•atlorta and RmIrG 13ac& Consulr m- Psepaing ejY;xom=nw' laud), doing r=search in sLwll co=aer64 b•,nilr�x`eolkc4rg law for prf pertm.Prep=iS docAu-,i=&uulyno actual nesaarrh 3.Depatcneur of Planning 4 Addrtwnal 5nsurcdls)�Not Applicable 5 No Pznfecssvnal Liability Crnwage provided YCIMIanB Ms otw.AwWt&Betoezy,Employer Related Prauli ,Sutal:+CM Indapen9eut C ,trect0nti PDlIUd02 Cir0a5$1111, Lead or Silia Dust Mold cr yio-organic Growth or Mildch: Piarinvc DwIv2 er, A-mal, Breach of Contract Y2K Eledwnio Data,Medical paymasrn,War or Teror-ium. T'he $1Yuraaee provided =der diir policy u. hudrad 10 yolnr work pesfbnned on behalf 0f tha entity named as "AdditivrRl Named Iaavated"aboL a and du&n t==d its !f to any otlz f work perfrnmnd by you or your orl;arurntio_L Coverage N 16 sited to the description of operatwrs and raring maws lucad in-Tgrwa&CQndidow"item 2. Pe_the A;ater policy,a cop;-in available by written rerj:rext ro:4bnnicip4=y In -=0 Seances,Inc.,302 W.Cerritos Avv;F Wlday Ir7,Anaheim,CA 9UC5 Carol Frost;Pfesident Munlcipalrty rnsuranca Services,Iuc r � ' t r , r v1A-Y.IAmII'M%u�/xCNAUIWHI.NANHXMIYMIYWYIllCWYH"n.'f`-`,�';W.-•Ji1'__L!.u,Yvnu.�.LLLiLwuc,.':-4'.Y'..""i_•u_mi ei '�4i=_L��'ti!'YY/WIwwMN'IrYNIWY4N111hIMY''H/IWuw,r •')"4J.Cesnros"ve Blde 7 Anabcunt CA 9290$ (SUC)420.0555 t i 1416$7-1100 tTM:17141 697-1 l p6 LioerzsCli:C'C04649;OR:145423 WrbSaa address ww 2spmtasorn