HomeMy WebLinkAbout04959 - EMPIRE ECONOMICS MARKET ABSORPTION STUDY ASSESSMENT DISTRICT AD 164 MOUNTAIN GATE II TRACT 32028 Page 1 of 1
IKathie Hart
From: Marcus Fuller
Sent: April 27, 2009 9:39 AM
To: Kathie Hart
Subject: RE: A4�Empire Economics (Market Absorption Study Assessment District 164, orig S15,950.00)
yes
Sincerely,
Marcus L. Fuller,P.E.,P.L.S.
Assistant Director of Public Works/ J/(
Assistant City Engineer
City ofSprings 323-8
(760)323-8253, ext. 8744 V�
www.oalmsprings-ca.cov
Marcus.Ful Icr@palm springs-ca.gov
From: Kathie Hart
Sent: Friday, April 24, 2009 4:25 PM
To: carrie.rovney@palmsprings-ca.gov; Marcus Fuller
Subject: A4959 Empire Economics (Market Absorption Study Assessment District 164, orig $15,950.00)
Has this been completed? OK to close? This expired July 2005.
Thx!
ice
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
' (760)323-8206 I u� (760)322-8332
Kathie.Hart@PalmSpringsCA.gov
04/28/09
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 4959
WITH EMPIRE ECONOMICS, INC.
MARKET ABSORPTION STUDY
ASSESSMENT DISTRICT 164
The following articles of Agreement No. 4959 are hereby amended as follows:
SCOPE OF SERVICES (Exhibit "A-1") - Please see attached Exhibit "A-1".
SCHEDULE OF COMPENSATION (Exhibit "C-1") - Please see attached Exhibit "C-1".
SCHEDULE OF PERFORMANCE (Exhibit "D-1") - Please see attached Exhibit "D-1".
Empire Economics
Purchase Order Number(s): 516520 Market Absorption Study Update
Agreement Number: 4959 Amendment 1
AGREEMENT #4959
Original MO Number: N/A CM signed, 6-24-05
City Council Approval: N/A
Original Contract Amount: $ 12,500.00
Amount of Increase: $ 3,450.00
Amended Total: $ 15,950.00
Account Number(s): 160-4507-43200
SIGNATURES ON NEXT PAGE `0 n
r/dY`1Q.,�/V�R /�o�;7u"a�iv<<.hyJ1? it
Amendment No. 1
Page 2 of 2
ATTEST: CITY OF PALM SPRINGS, a municipal corporati"
City Cler City Manager
APPROVED BY CITIMANAGER
P evie)�ed aid 1p"proved byf;fae v. 14 4
Procurement Contractmg
CONTRACTOR: EMPIREjF_QQ� � j`j%0MICS' INC.Dite
P.O. Number
Mailing Address: 35505 Camino Capistrano, Suite 200, Capistrano Beach, CA 92624
CONTRACTOR: Check one:—Individual—Partnership 1/e6orporation
By: By:
I _n_ature(notarized) gnature(notarized)
Name: �,p/"4 '7/4_,f�?y Name: 7e,i'o V 4-C �"tV
Title: P?'Ct, Title: C-1-C-tL97h-7-
(This Agreement must be signed in the above space by one of This Agreement most be signed in the above space by one of
the following: Chairman of the Board,President or any Vice the following: Secretary,Chief Financial Officer or any
President) Assistant Treasurer)
Slow of &Vlet Stile of x
County of "X' 1� ass Count
yof
on,' I zw before me, On before one,
14 02
Personally appeared Personally appealed
personally known to nic(apnovcd to me oil the basis ut'satisfactmy ricisoindly known to in I o I to too 'n the basis` f'siti-sfactory
evidence)to be the pcison(s) whose name(s) is/are subscribed to the evidence) to be the person(s) whose name(s) is/ate subscribed to the
witilin instrument and acknowledged to lue that he/sheAhey executed within instrument and acknowledged to one that he/she/they executed
the same in his/her/dicir authorized capacity(ics), and that by the same in his/her/their authorized capicity(rcs), and that by
his/her/their signaure(s)on the instrument the person(s), of [lie entity Ins/her/loon signitute(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed the instrument. upon behalf of which the person(s)acted,executed the instrument
WITNESS my hand and official seal. WITNESS my hand and official scif
Notary ;ignatun /,d Notary Signature: /A
ohn
Notary Sea]: Notary Seal:
D DEBRA JO GRAVES
9673
E8RAJ( GRAVE GRAVES
- - - - - - Commission#1472 673
Commission# 1429 73
Notary Public-California
Notary Public-California Orange County
Orange County
M y Comm,Expires Jul 10,: 07
It Comm.Mm EXPIfft Jul 10,20071 .......
EXHIBIT "A-1"
SCOPE OF SERVICES
Contractor shall prepare an update to the previously prepared market absorption study dated
October 1, 2004, for City of Palm Springs Assessment District No. 164, "Mountain Gate II," Tract
32028, and shall provide all services and resources necessary therefor.
The Market Absorption Summary Update is required in order to provide the Appraiser with timely
absorption schedule for the Discounted Cash Flow Analysis and also to provide prospective
Bond Investors with timely information in the Official Statement.
Specifically, the services required to update the Market Absorption Study Summary are as
follows:
• Site visit to identify the development status of the property- picture on cover page;
• Update the prices for the forthcoming projects; higher by some $10,000 to $15,000+
• Update the sales/prices for the projects in Phase 1
• Update the recent economic and real estate conditions: GDP, employment and mortgage
rates;
• Discuss the role of low mortgage rates and creative financing underlying housing price
appreciation;
• Revise the estimated absorption schedules for each of the forthcoming phases in AD
164.
The Market Absorption Summary Update will be distributed via E-Mail in PDF format to facilitate
its distribution and also its use in the Official Statement.
The Market Absorption Summary Update will be provided to the appraiser with the absorption
schedule for the discounted cash flow analysis, a critical factor in arriving at the appraised value
of AD 164.
EXHIBIT "C-1"
SCHEDULE OF COMPENSATION
Total compensation for the work identified in Exhibit "A-1" to be performed by Contractor shall be
a lump sum amount of $3,450, including all reimbursables, upon completion of all services and
delivery of the Market Absorption Study Update to the City.
DATE(MDDrYYI
COkd' 3/16
X CERTIFICATE-OF LIABILITY INSURANC^ ru
� /16/200005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ISU Ins Services-Atwood Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
g y HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
800 Pacific St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Placerville, CA 95667 INSURERS AFFORDING COVERAGE
530-626-2533
INSURED INSURERA. Maryland Casualty Co. (Zurich)
Empire Economics, Inc. INSURER B'
35505 Camino Capistrano $200 INSURERC: United States Liability ins. Co.
Capistrano Beach, CA 92624 INSURER D:
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IETR TYPE OF INSURANCE POLICY NUMBER POLICY FpyDDNY))EPOLICY
Op TE1M MDD EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anyone fire) $ 1,000,000
CLAIMS MADE ®OCCUR MEL,FXP(Any one person) $ 10 QQQ
A PAS 39816088 01/08/05 01/08/06 PERSONAL RADVINJURY $Excluded
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY ]JECTT n LOC
AUTOMOBILE LIABILITY COBINED SINGLE LIMB
ANY AUTO (Ea $ 1,000,000
ALL OWNED AUTOS
— BODILY INJURY §
SCHEDULED AUTOS (Per Person)
A _X_ HIRED AUTOS PAS 39816088 01/08/05 01/08/06 BGDILYINJURY
NON-OWNED AUTOS (Peraecident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT §
�ANYAUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
1 OCCUR Il CLAIMS MADE AGGREGATE $
DEDUCPSLE
RETENTION $ $
WORKERS COMPENSATION AND TORY LIIMIfS I IOER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT §
El DISEASE-EAEMPLOYEE$
E L.DISEASE-POLICY LIMIT $
OTHER
C Professional SPIO01190C 02/05/05 02/05/06 $1,000,000
Liability
DESCRIPTION OF OPERATIONSILOCATKNI HICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECUAL PROVISIONS
*Except 10 clay notice of cancel for non payment.
CERTIFICATE HOLDER I X I ADDITIONAL INSURED;INSURER LETTER: - CANCELLATION
SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO J
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL*q0 DAYS WRITTEN
Ms. Carrie Rovney NOTICETO THECERTIFICATE HOLDER NAMED TO THE LEFT,BUTFAILURETO DOSOSHALL
P.O. Box 2743 IMPOSE NO OSLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Palm Springs, CA 92263 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
911 w2tmC{(,(y_
ACORD 25-S(7197) 0 ACORD CORPO TION 1988
19NUIRANCE
CERTIFICATE OF INSURANC�AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW—-
This certifies that: ® STATE FARM"MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas ,or
❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
NAMED INSURED: JOSEPH & LIETA JANCZY'K
ADDRESS OF NAMED INSURED: 35505 CAMINO CAPISTRANO CAPISTRANO BEACH,CA 92624
POLICY NUMBER L38-8356-B26-75 75-01-3516-0
EFFECTIVE DATE
OF POLICY 02-26-2005 08-26-2005 07-11-2004-2005
DESCRIPTION OF
VEHICLE(Including VIN) 1990 LEXUS LS 400 LIAB.UMBRELLA
LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ® YES ❑ NO ❑ YES ❑ NO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person 100
Each Accident 300 3,000,000
b. Property Damage
Each Accident 50
c. Bodily Injury&
Property Damage
Single Limit
Each Accident
PHYSICAL DAMAGE
COVERAGES ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO
a.Comprehensive $ 0 Deductible $ Deductible $ Deductible $ Deductible
® YES ❑ NO OYES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO
b.Collision $ 500 Deductible $ Deductible $ Deductible $ Deductible
EMPLOYERS NON-OWNED
CAR LIABILITY COVERAGE ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO
HIRED CAR LIABILITY COVERAGE YES ElNO ElYES ElNO ElYES ElNO ❑ YES ❑ NO
FLEET-COVERAGE FOR
ALL OWNED AND UCENSED
MOTOR VEHICL ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ONO
'
�� � STATE FARM AGENT 75/8290 03-17-2005
Signa e of Au rized Repr ntative Title Agent's Code Number Date
Nam and Address of Cert i ate Holder Name and Address of Agent
MS. RIE ROVNEY
ENG NEERING
CI OF PALM SPRINGS A ")M4492FAX
JOHNR.LUITHLY,AGENT
P.O. BOX 2743 16277 LAGUNA CANYON RE),STE,F
PALM SPRINGS, CA 92263 INNECA92618.2611
(949)727�4442
INTERNAL STATE FARM USE ONLY: ❑Request permanent Certificate of Insurance for liability coverage.
1224292 Rev.00-10-2004 ❑Request Certificate Holder to be added as an Additional Insured.
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03-17-2005 GROUP:
POLICY NUMBER: 1241438-2005
CERTIFICATE ID: 61
CERTIFICATE EXPIRES: 03-01-2006
03-01-2005/03-01-2006
CITY OF PALM SPRINGS -
ATTN MS CARRIE'' ROVNEY\ ENGINEERING
P O SOX 2743
PALM SPRINGS CA 92263-
This is to certify that we-hava-is•ed-a rdlid-Workaft-Compensationinsarance policyin- form-apprc d ;rthe alih}rrria
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the,Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled,prior to its normal expiration.
This certificate of insurance is not an insurance policy 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 certificateof insurance may be issued or to which it may pertain,the,insurance afforded by the policy
described herein is subject'to'all the terms,exclusions,and conditions,of such policy.
�6� A(�,, e . N�
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDOP.SEITENT #1600 - JOSEPH T JANCZYX, PRES,SEC - EXCLUDED.
ENDORSEMENT #1600 - LIETA JANCZYN, VP,TRES - EXCLUDED.
ENDORSEMENT #1600 - SCOTT J JANCZYR VP - EXCLUDED.
ENDORSEMENT #1600 - PAUL A JANCZYX VP - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-01-1992 IS
ATTACHED'TO AND FORMS:A PART OF THIS POLICY.
EMPLOYER
EMPIRE ECONOMICS, INC
35505 CAMINO, CAPISTRANO
CAPO 13EACHICA '92624
[PMF,CSj
PRINTED.0&17-2005
SCIF 10262E Accept this ce,Lfcale only if you see a faint watermark that mads'OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF
Empire Economics
Market Absorption Study for AD#16
AGREEMENT 94959
CM signed 9-9-04
CITY OF PALM SPRINGS ---
CONTRACT SERVICES AGREEMENT FOR
MARKET ABSORPTION STUDY CONSULTANT SERVICES
ASSESSMENT DISTRICT NO. 164, "MOUNTAIN GATE II" TRACT 32028
THIS CONTRACT SERVICES AGREEMENT(herein "Agreement"), is made and entered
into this day of li'd 46 L'4^ , 2004, by and between the CITY OF PALM
SPRINGS, a municipal corporation, (herein "City") and Empire Economics, 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 Services. In compliance with all terms and conditions of this
Agreement, the Contractor shall provide those services specified in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be
referred to herein as the "services" or "work" hereunder. As a material inducement to the City
entering into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and services and Contractor is experienced in performing the work and services
contemplated herein and, in light of such status and experience, Contractor covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be of good quality, fit for the purpose intended. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's
proposal or bid which shall be incorporated herein by this reference as though fully set forth herein.
In the event of any inconsistency between the terms of such proposal and this Agreement, the
terms of this Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental agency having jurisdiction in effect at the time service is
rendered.
1.4 Licenses Permits Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement. Contractor shall have the sole obligation
to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be
imposed by law and arise from or are necessary for the Contractor's performance of the services
required by this Agreement, and shall indemnify, defend and hold harmless City against any such
fees,assessments,taxes penalties or interest levied,assessed or imposed against City hereunder.
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,
1
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 five percent (5%) 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 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. 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 of Exhibit "B"
shall govern.
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 Twelve Thousand Five Hundred Dollars, ($12,500.00) (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 maybe 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.
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(1st)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.
2
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 "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 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)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:
Joseph T. Janczyk, Ph.D.
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their
responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Contract Officer. The Contract Officer shall be such person as may be
designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the services and the
Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless
otherwise specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the
City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or 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
3
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 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 otherwise set forth herein. City shall have no voice
in the selection, discharge, supervision or control of Contractor's employees, servants,
representatives or agents, or in fixing their number, compensation or hours of service. Contractor
shall perform all services required herein as an independent contractor of City and shall remain at
all times as to Citya wholly independent contractorwith only such obligations as are consistentwith
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.
4
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage, 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,whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees 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) Contractorwill promptly pay anyjudgment rendered againstthe City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City,its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
5
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 or decreased cost related thereto and, if Contractor is
providing design services,the estimated increased or decreased cost estimate forthe 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 City for all damages resulting
therefrom.
6
6.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or 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 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 or failing to perform
Contractor's obligation under this Agreement. In the event that any claim is made by a third party,
the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which
shall 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
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
7.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default by the other party.
7.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
7
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the City the sum of Zero Dollars ($0.00) as liquidated damages for each working day of
delay in the performance of any service required hereunder, as specified in the Schedule of
Performance(Exhibit"D"). The City may withhold from any monies payable on account of services
performed by the Contractor any accrued liquidated damages.
7.8 Termination Prior to Expiration Of Term. This Section shall govern any
termination of this Agreementexcept 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 damages), and City may withhold any payments to
the Contractor for the purpose of set-off or partial payment of the amounts owed the City as
previously stated.
7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall
include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be
entitled to all other reasonable costs for investigating such action,taking depositions and discovery
and all other necessary costs the court allows which are incurred in such litigation. All such fees
shall be deemed to have accrued on commencement of such action and shall be enforceable
whether or not such action is prosecuted to judgment.
8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in 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 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
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 Contract Officer, 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 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
9
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above.
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
(By
City Clerk City Manager
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EMPIRE ECONOMIC', /1 r
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CONTRACTOR: Check one:_Individual_Partnership Corporation
Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice
Presldent:•AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief FinaQcial Officer).
' Sigh6tur6'(notarized) (notarized)
Name: a LA ZS-o— 2 Name: 0 U. 3
Title: .�-a-5 .o Title: ,r? •v C e`pP .na�R-
State of n-z'-('-" state of
County of q ., Iss County of a>�,n_,o r,.. Iss
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OnD,f-,D.Obpforeme, L- Oel", L L , on , u-2,0-D& before me,
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personally appeared too -� JV., `;�,�, c:a_� 1 personally appeared 1�. I-
personally_kc wn_to mme (or p oved to me on the'basis of per-sonallyJsoown-to-me (or proved to me on the basis of
satisfactory evidence)to be the person(&}whose name(s)-is/are—satisfactory evidence)to be the person(&)-whose name(s}ts/are—
subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me
that he/shelthey executed the same in his/herLthe r authorized that he/she/they executed the same in his/her lbeir authorized
oapacity(ie-a)--and that by his/herAheir signature(,&.)-on the capacity(iss- and that by his/her/their signature1s.) on the
instrument the person(s),or the entity upon behalf of which the instrument the person(s)ror the entity upon behalf of which the
persons. acted,executed the instrument. person(s)acted, executed the instrument.
WITNESS my hand and officialseal. WITNESS my hand and official seal.
Notary Signature: �.�n n'�o Lwl.2�.° � Notary Signature: �/3", /:`oaz rlel oa,�P,v�rIfo
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Notary Seal: Notary Seal:
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10
EXHIBIT "A"
SCOPE OF SERVICES
Contractor shall prepare a market absorption study for City of Palm Springs Assessment District
No. 164, "Mountain Gate II," Tract 32028, and shall provide all services and resources necessary
therefor.
Study Preparation: Tasks to be performed by Contractor to prepare the study include, but are not
limited to, the following:
contact the Property Owner(Century Vintage Homes)to obtain proposed housing product
mix, product mix characteristics and market entry;
utilize a consensus economic forecast;
perform comprehensive competitive market analysis;
estimate absorption schedule;
absorption by year, market-entry to build-out
Dissemination of Study and Ancillary Services: Contractor shall deliver the study to the City
in an electronic format (.pdf format).
Additionally, Contractor shall make the study available to the following professionals working with
the City on Assessment District 164 and shall provide consulting services as described:
Special Assessment Analyst: Contractor shall review the prices that are being utilized in
the Special Assessment Analysis for purposes of estimating the Total Tax Burden placed
upon the future homeowners. Contractor will also provide the Special Assessment Analyst
with the estimated absorption schedules by various product types so that the amounts of
the Special Assessment that are expected to be paid by the developer/builder,as compared
to the final user/homeowner, can be calculated.
Appraiser: Contractor shall provide the Appraiserwith absorption schedules foreach of the
product types, with respect to the number of units absorbed each year, from market entry
to build-out.
Underwriter: Contractor shall provide copies of the Study to members of the finance team
in the Bond Issue and shall furnish a "Summary and Conclusions" of the Study for use in
the Official Statement.
As-necessary, Contractor shall discuss the market absorption study and the study findings
with the Special Assessment Analyst, the Underwriter and prospective bond purchasers.
11
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.3 The requirements of Section 5.3 for a Performance Bond are hereby waived.
Section 5.1(d) A policy of Professional Errors and Omissions insurance in the amount of
$1,000,000 is required.
12
EXHIBIT °C°
SCHEDULE OF COMPENSATION
Total compensation for the work to be performed by Contractor shall be a lump sum amount of
$12,500, including all reimbursables, upon completion of all services and delivery of the Final
Market Absorption Study to the City.
13
CONTRACT ABSTRACT
Contract
Company Name: Empire Economics
Company Contact: Joseph T. Janczyk, PhD
Summary of Services: Market Absorption Study for AD#164
Contract Price: $12,500
Funding Source: 160-4507-43200
Contract Term: One Year
Contract Administration
Lead Department: Public Works & Engineering
Contract Administrator: David Barakian/Marcus Fuller
Contract Approvals
To Be Approved by City Manager
Agency Approval Date:
n/a
Agreement Number: TBA by Clerk�
Contract Compliance
Exhibits:
Signatures:
Insurance:
Bonds:
Contract prepared by:
Submitted on: By:
SG-
POLICYHOLDER COPY -
TT E: P 0.1 BOX 807 `SAN FRANCISCO CA 94142 f180'7 ,
COMPE,NSAT,tO1W
NSU^R:WNCE -
FU S CERTIFICATE OF WORKERS` COIVIPENSATION '�1NSUR,
NC E
-
ISSUE CATE; 03 01.2004 _ GROt1IT
P:' _
- POLICY'NUMBER'�. 1241439-2004 '
r CERTIFICATE ID- S,.419,
- CERTIFICATE EXPIRES 03-01-2005-- -
`. O3 Ot'-2004lO3c0'I-2005 ;
CITY OF PALM SPRINGS SG JOB
DEFT OE ,PRQCUREM(NT 9 PLANNING
"
'Po BOX_ 2743-
PALM +SPRING'S CAA2263
This is to certify that we have issued a valid iWorkers','Compensation insurance policy in a form''approved by the, -
California Insurance'Commissioner to the employer' 'named below foY,the policy period 'indicated_
This policy is net subject to Cancellation by the Fund eXcept upon .Po days' advances wrlt#en notice,to the employer,
�YVe well also glue you'3p days" ad,,vance notice' should this policy be cancelled prior to its normal expiration.
This certificate of �insurance is no an�insuranp`e policy and- does„;not amend„extend nor alter the coverage afforded -
by the policies listed, herein NotJmithstanding', any reguir2r 6me term, Or cbttditlon, of zny.cpntract;:6r other:'document
with respect to which this, ceHificete of "insurance may?be -issued. or may pertain •the",insurariee�affcrded by the ' -
policies described herein is subject to alt- the t6rms,'ex"clusions;an�d co-ndPiyone of �s$ch,;policies.��r ,
16
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCCUDING' DEFENSEI'COSTS �$1 000000 OO PER OCCUkl2ENCE.
ENDORSEMENT #2065`ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03 Oil-2064 IS ATTACHED TO ANDS
FORMS A PART OF THIS, POL ICY I "'
-
EMPLOYER ,I LEGAC NAME-,'
R ECON_dMI I INCEMP�
35505 CAM.INOCAPISTRANO
CAP , BE A'CH`JCA, 926r2.4
_ OZ%1712004 -
9Ev.3-03) INTED PO'A I'0
rain tee_-'�'u..� "�i.- `u,�.,.. 7iar,�1,"> da,(cA A.:SIIV :h, "" �' f C ^ "per S 7;r�.;= ^ ^ ®, o 'n'l
DATE
ACORD.n CERTIFICATE OF LIABILITY INSURANCE 7113M/DDYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ISU Ins Services-Atwood Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
800 Pacific St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Placerville, CA 95667 INSURERS AFFORDING COVERAGE
30-62-6— 3
INSURED INSURERA Maryl nd Casualty COmp__anV(`Zurich.
Empire Economics, Inc. INSURERS. Uni d Stems Liability Inns
35505 Camino Capistrano #200 INSURERC_
Capistrano Beach, CA 92624 INSURER
INSURER E'
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MMMD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1 OOO O
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire)
CLAIMS MADE ® OCCUR MED EXP(Any one person) $ 10
A PAS 39816088 01/08/04 01/08/05 PERSONAL&ADV INJURY $ Excluded
GENERAL AGGREGATE $2 D00 .O
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGO $2 O-
®Q® DO
POLICY JECTPRO LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO (Ea accident) $1,00®,®0
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Perpencen) $
A X HIRED AUTOS PAS 39816088 01/08/04 01/08/05 BODILY INJURY
X NON-OWNED AUTOS (Peracoitlent) $
PROPERTY DAMAGE $
(Per accftlenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND TORV LIMITS ER
EMPLOYERS'LIABILITY
E L.EACH ACCIDENT $
E.L.DISEASE-FA EMPLOYE $
E L.DISEASE-POLICY LIMIT I$
OTHER
B Professional SP1001190B 02/05/04 02/05/05 $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSAIEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is named as Additional Insured with respects to General
Liability PAS 39816088 per CG 20 26 11 85 attached
*Except 10 days for non payment of premium
CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL*gO DAYS WRITTEN
Mr. Marcus Fuller NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Senior Civic Engineer IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
P.O. Box 2743 REPRESENTATIVES.
Palm Springs, CA 92263 AUTHOR RE NTATIVE
ACORD 25S(7197) 00 ORD CORPORATION 1988
POLICY NUMBER: PAS 39816088 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 1185 Copyright, Insurance Services Office, Inc., 1984 ❑