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HomeMy WebLinkAbout00311C - LEIGHTON EPSTEEN GENE AUTRY RAMON DUMP LANDFILL WASTE ENVIRONMENTAL ASSESSMENT Leighton & Assoc. - PA5 • . Former Dump Site - Environ Site Assess & Geotech Invest ` AGREEMENT #311 CONTRACT SERVICES AGREEMENT FOR R875, 1-26-93 ENVIRONMENTAL SITE ASSESSMENT AND PRELIMINARY GEOTECHNICAL INVESTIGATION THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") , is made and entered into this 3 0 day of January, 1993 by and between THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public body, corporate and politic (herein "Agency" ) and LEIGHTON AND ASSOCIATES, INC. , a California corporation (herein "Contractor" ) . 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. The City may elect to have the work described in the Scope of Services performed on the proposed development area only or on the entire site. The City shall make said election when it issues its notice to proceed to Contractor. 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. 1 .2 Contractor' s Proposal . The Scope of Services 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 shalf 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. Notwithstanding anything to the contrary set forth in this Agreement, including, but not limited to, the Scope of Services, Contractor hereby agrees upon completion of the work hereunder to certify in writing to the Agency that the property has been assessed and remediated (if necessary) in conformance with all applicable federal, state and local laws, ordinances, regulations and guidelines . F81\383\014084-0006\29088.4 03/25/93 I 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. 1 . 6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the 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 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. Agency 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 five percent (5%�) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Board of the Agency. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the FS1\383\014084-0006\29088.4 03/25/93 -2- 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 Sixty Two Thousand Five Hundred Dollars ($62, 500 . 00) if the City elects to have the work performed on the proposed development area only or Seventy Eight Thousand Six Hundred Dollars ($76, 800 . 00) if the City elects to have the work performed on the entire site (herein "Contract Sum" ) , except as provided in Section 1. 8 . The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor' s rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the 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 later than the first (1st) 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. F51\383\014084-0006\29088.4 03/25/93 -3- 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 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 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. In no event shall Contractor be entitled to recover damages against the Agency 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. 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: PS1\.383\014084-0006\29088.4 03/25/93 -4- Houman Makarechi Tom Mills 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. 4 .2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency. 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 Against Subcontracting or Assignment. 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 transfer to any person or group of persons acting in concert of more than twenty five percent (25k) 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 FS1\383\014084-000M29088.4 03/25/93 -5j- • i 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 any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. Agency 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 Agency, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1, 000, 000 . 00 for bodily injury, death and property damage or (ii) bodily injury limits of $500, 000 . 00 per person, $1, 000, 000. 00 per occurrence and $1, 000, 000 . 00 products and completed operations and property damage limits of $500, 000 . 00 per occurrence and $500, 000 . 00 in the aggregate. P81\383\014084-0006\29088.4 03/25/93 -6- (b) Worker' s Compensation Insurance. A policy of worker' s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the Agency against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250, 000 . 00 per person and $500, 000 . 00 per occurrence and property damage liability limits of $100, 000 . 00 per occurrence and $250, 000 . 00 in the aggregate or (ii) combined single limit liability of $500, 000 . 00 . Said policy shall include coverage for owned, non-owned, leased and hired cars . (d) Professional Errors and Omissions Insurance. A policy of professional errors and omissions insurance in an amount not less than $1, 000, 000 . 00 combined single limit. Said policy shall be in effect through the date that is five (5) years after the date the services to be provided by Contractor hereunder are completed; provided, however, that Contractor shall not be required to carry such insurance more than two (2) years after the date the services are completed if the City determines that such insurance is not available on commercially reasonable terms. All of the above policies of insurance (except for the workers' compensation and professional errors and omissions insurance) shall be primary insurance and shall name the Agency, its officers, employees and agents as additional insureds . The workers' compensation insurer shall waive all rights of subrogation and contribution they may have against the Agency, its officers, employees and agents and their respective insurers . All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the Agency. In the event any of said policies of insurance are cancelled, 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance 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 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 FS1\383\014084-0006\29088.4 03/25/93 -7- activities or the activities of any person or persons 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 applicable policies of insurance that the Contractor is required to maintain pursuant to this Section 5 . 1. 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 to the extent said claims or liabilities arise from the active negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment 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 is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims, 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 . PS1\383\014084-0006\29088.4 03/25/93 -8- 5 .3 Sufficiency of Insurance. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California and, except for the professional errors and omissions insurance policy rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the Agency due to unique circumstances. In the event the Risk Manager of Agency ( "Risk Manager" ) determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the Agency, the Contractor agrees that the minimum limits of the insurance policies required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the Board of Directors of Agency within 10 days of receipt of notice from the Risk Manager, and provided that the Agency agrees to reimburse Contractor for the cost of the additional insurance. 6 . 0 RECORDS AND REPORTS 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. 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. FS1\383\0I4084-0006\29088.4 03/25/93 -9- 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, and 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 of 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 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 P51\383\014084-0006\29088.4 03/25/93 -1 0- 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 Agency 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 Agency for any losses, costs, liabilities, or damages suffered by Agency, and (ii) all amounts for which Agency 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, Agency may withhold from any payment due 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 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 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as F51\383\014084-0006\29088.4 03/25/93 -11- 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 (i) 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) or (ii) the completion of any phase of the work specified in the Scope of Services without prior notice. 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 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 such as may be specifically approved by the Contract Officer. 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 of termination without cause pursuant to this Section, the terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7.2 . 7. 8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 7.21 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 setoff or partial payment of the amounts owed the Agency as previously stated. 7. 9 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. FS1\383\014084-0006\29088.4 03/25/93 -12- 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 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 Agency, to the Executive Director and to the attention of the Contract Officer, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, 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 P81\383\014084-0006\29088.4 03/25/93 -1 3- 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: THE CO OPMENT AGENCY OF THE Y OF PALM SPRI S, CALIFORNIA, a p lic body, co r r e and politic By: A�sistant Secretary xec tive Director APPROVED AS TO FORM: RUT/AAN & TU/CK�ER David J:/Aleshire g y Ounsel 1 'L -14- ve G:• D, \_ ✓ sue?�_ F51\383\014084-0006\29088.4 03125193 .!' _7 LEIGHTON AND ASSOCIATES, INC. , a California corporation By- Name: ouman Makarechi , PE Title: Vice Pres1 ent/Mana ing Pr7ncipa] By: Name• Title: Address : 2121 Alton Parkway Irvine, CA 92714 Attn: Houman Makarechi P81\383\014084-000M29088.4 03/25/93 -1 5- EXHIBIT "A" SCOPE OF ERVICES yeas LE/GHMV AArf�TES,%C. 1961 Geotechnical and Environmental Engineering Consultants March 30, 1993 a Project No. 6881139-07 To: City of Palm Springs P.O. Box 2743 Palm Springs, California 92263 Attention: Mr. Dallas Flicek Subject: Proposal to Perform a Combined Environmental Site Assessment for Potential Hazardous Materials/Waste Contamination and Preliminary Geotechnical Investigation, Proposed Multiple Structure Commercial Site, Northeast Comer of Gene Autry Trail and Ramon Road, City of Palm Springs, County of Riverside, California Inlrnduction and Backgrmtnd As requested by Mr. Richard Montevideo of Rutan and Tucker, this revised proposal is provided to perform an environmental site assessment (ESA) and preliminary geotechnical investigation on the proposed multiple structure commercial site located on the northeast corner of Gene Autry Trail and Ramon Road, City of Palm Springs, County of Riverside, California. This proposal has been prepared based on our conversations and negotiations with Mr. Richard Montevideo of Rutan and Tucker (City Attorney), meetings at the City of Palm Springs and at Rutan and Tucker, telephone discussions with Mr. Doug Evans with the City of Palm Springs, a meeting and conversations with Mr. Kris Hoffman of Albert B. Glickman and Associates, and a Conceptual Site Plan, Scheme "C" dated December 24, 1992. This plan indicates that the ultimate proposed development area is approximately 26 acres and the nondevelopment area (northern portion of the site) is approximately 12.5 acres. Scope of Work Per our discussions and meetings, the proposed investigation will consist of the following phases: • Phase 1 - Environmental Site Assessment • Phase 2 - Preliminary Geotechnical Investigation Phase 1 - Environmewal Site Assessment Specific concerns were expressed during our meetings regarding the presence or absence of lead and other CAM metals in the landfill materials. Because development of the site will necessitate that fill materials be disturbed and relocated, knowledge of the presence or absence of lead and CAM metals EXHIBIT "A" 1737 ATL - . VENUE,SUITE 1, RIVERSIDE,CALIFORNIA 92507 (909) 7885800 FAX (909) -88-0831 • 6881139-07 present, in amounts greater than allowable levels defined by the State, is critical to successful development of the site, therefore, Phase I - Environmental Site Assessment will consist of the following three phases: Phase la - Protect Initiation. Fw1d Investigation. LaboratorvAnalysis Inturin Data Bgj The purpose of Phase la is to assess the presence/absence of TPH, volatile organics, semi-volatile organics, pesticides, PCBs, oil and grease, and CAM metals at levels above the State's allowable limits. Based upon results of this phase, additional exploratory trenches may be needed to assess the vertical and horizontal extent of lead-contaminated landfill material. The required scope of work and cost estimate for any additional investigation are trot included in this proposal. Phase la will consist of the following tasks: • Preparation of a Site Safety Plan (SSP) A Site Safety Plan (SSP)will be prepared to cover work performed at the site in accordance with OSHA regulations. A copy of the SSP will be reviewed and signed by all field personnel performing field work prior to the commencement of the work. A copy of the SSP will be available onsite during the performance of all field work. • Permits Leighton will contact Underground Service Alert notifying them of the excavation of test pits. Leighton will provide the Division of Occupational Safety and Health Trench/Excavation permit. It is our understanding that no additional permits are required. The costs of additional permits are not included in this proposal. We understand that the client will provide right of entry to the site. • Excavation Progmm The test pit excavation program will consist of excavation of 14 environmental test pits to maximum depths of 21.5 feet within the proposed development area,or excavation of twenty-one environmental test pits to maximum depths of 21.5 feet within the entire landfill area. The test pits will be located in such a manner as to provide representative samples of fill materials. Excavation of test pits will be conducted utilizing a rubber-tire backhoe equipped with a 24-inch bucket. Excavations will be logged and sampled by Leighton's geologist. All excavation spoils, upon completion of the test pit, will be placed back into the test pit with minimum compaction effort. • Soil Samples Soil samples for chemical analysis and lithologic description will be collected from each test pit. Samples for chemical analysis will be collected from the backhoe bucket at 5-foot intervals and compacted into 2.5-inch diameter by 3-inch long brass rings. The environmental soil samples will be collected and handled according to EPA standard procedures and will be immediately sealed, G��gea�r.M O ye�►rs - 2 - t is t mm8113Mp.mW o� o� BEgy\ 0 6981139-07 labeled,placed in a chilled ice chest and delivered to a California Department of Toxic Substance Control (DISC) Certified Laboratory, accompanied by a Chain-of-Custody Record. As per regulation, all samples will be collected and excavations will be logged under the direct supervision of a California Registered Geologist. • Decontamination To prevent cross-contamination, all equipment used for excavation of test pits and sampling will be steam cleaned prior to use in each test pit. Between sampling intervals the brass rings and any equipment not steam cleaned,will be washed with a mild solution of tri-sodium phosphate(TSP), rinsed with clean tap water, and final rinsed with distilled water. Water from decontamination procedures will be placed into approved containment barrels and sealed for proper disposal, commensurate with the nature of the material as determined through laboratory testing. Proper disposal of the containers and contents will be the responsibility of the client. • Chemical Ana sis Knowledge of the presence or absence of lead and CAM metals present, in amounts greater than allowable levels defined by the State, is critical; therefore, the following analyses will be performed: • Four samples per test pit will be tested for total lead content • One wet extraction analysis for lead per test pit • One CAM metal analysis per test pit • Three selected samples from the proposed development area and three selected samples from the northern portion of the landfill (six total) will be additionally analyzed for: - Total Petroleum Hydrocarbons (TPH) - Volatile organics - Semi volatile organics - Pesticide/PCBs - Oil and grease - TCLP (Cd, Zn, Ph, Cu) Chemical analyses will be performed by a State of California Department of Toxic Substance Control certified laboratory. G�yE ORAT'4 yea�is� - 3 - ( mNHllD9Mp..& Oc GE sf qJl • • 6881139-07 • Landfill Gas Survey Conduct a landfill gas survey at ten locations within the area of the former landfill. At each location a 1-inch diameter iron tube with drive tip shall be driven to 4 feet below grade. OVA and methane measurements shall be collected at each location. At three locations a gas sample shall be collected for analysis of VOC's and for fixed landfill gasses. • Interim Data Report Upon completion of Phase la, chemical laboratory analysis results will be reported to the City in an interim data report. Phase 1 b - Remedial Alternative Feasibility Study Based upon the findings of Phase la, Leighton shall perform a feasibility study which shall evaluate remedial alternatives. The results of this phase shall be a table which summarizes the alternatives, general range of cost, advantages and disadvantages, and time period for each alternative. The feasibility study shall not include a Remedial Action Plan (RAP) on how the remediation work shall be completed. The RAP is beyond the scope of this study. Phase 1c-Remedial Alternative Feasibility and Site Assessment Report Alternatives for remediation will be presented in a report if the findings of Phase la indicate the presence of hazardous waste. A Site Assessment Report will be compiled presenting findings of the Phase 1 investigation including our conclusions and recommendations. Schedule The tentative schedule for Phase 1 -Environmental Site Assessment is presented in Figure 1. Please note that the schedule is in work weeks beginning from the point in time when written authorization to proceed is received. In addition, please note that the schedule is exclusive of any review time required by agencies. Phase 2-Preliminary Geotechnical Investigation The scope and cost estimate presented in this proposal are for Phase I of the proposed development which is approximately 20 acres based on the referenced Conceptual Site Plan. • Review of EvIning Renoris and Data Geotechnical consulting reports and data will be reviewed with respect to the proposed development. U�yEBA1T 'M ye�'sp - 4 - 11 ft.01LWp..M 3Eq� • 6981139-07 • Geolechnical Field lnm tigadon A test boring program consisting of ten soil borings to depths varying from 10 feet to a maximum of 40 feet below existing grade to acquire the necessary data for our geotechnical evaluation will be conducted within the proposed development area. The borings will be sited primarily within the footprints of proposed structures. Drilling will be conducted utilizing a truck mounted mechanical drill rig. The borings will be advanced using an 8-inch (3.25-inch ID) hollow-stem auger. Hollow-stem auger borings will be logged and sampled by our geologist/engineer. • Geotechnical Soil Samples Soil samples for geotechnical testing and lithologic description will be collected from each boring. Relatively undisturbed geotechnical samples will be obtained in native soils utilizing a California modified split spoon sampler assembly containing 2.5-inch diameter by 1-inch long brass rings. Disturbed samples will be obtained using a 2-inch outside diameter Standard Penetration Test Sampler (SPT). Additionally, representative bulk samples will be collected for appropriate geotechnical laboratory testing. • Geotechnical Laboratory Testing Laboratory testing of representative soils collected during the drilling program will consist of in- place moisture and density, maximum density and optimum moisture, sieve analysis, percent passing No. 200 sieve, consolidation, and direct shear tests. • Data Analysis and Re y ftgmtion Field and laboratory data will be analyzed. Geotechnical recommendations for the design of foundations, pavements, and grading will be summarized in a geotechnical report. Alternative recommendations for site and subgrade preparation for support of the buildings and pavement areas will also be included. Pmiect Management Leighton will provide project management for the above-mentioned phases of the project in an efficient and cost-effective manner. Project management includes client communication,coordination of laboratory testing and subcontractors, and quality assurance review of the tasks. Cost A breakdown of the estimated costs by task is presented in Table 1 attached to this proposal. A summary of the costs for each phase is presented below: ye�'s - 5 - tit mr0IL3 05p.mO9 se RV EXHIBIT "B" SPECIAL REOUIREMENTS 1. Permitted Subcontractors . Notwithstanding the provisions of Section 4 . 3 of the Agreement, the Agency hereby consents to the use of San Diego Equipment Rental to perform backhoe services and the use of Applied P & Ch. Laboratory of Pomona, which is a DTSC Certified Laboratory, to perform environmental laboratory testing. 2 . Site Conditions . Agency will grant or obtain free access to the site for all personnel and equipment required for Contractor to perform the work. Contractor shall take all necessary precautions to minimize damage to the site. 3 . Disclosures by Agency. The Agency shall notify Contractor of any underground structures located on the site that are known to Agency. In addition, Agency agrees to provide Contractor with all information in its possession that may be pertinent to the scope of work, including any information concerning the actual or possible presence of hazardous materials . 4 . Samples . a. All samples taken by Contractor at the site, including contaminated materials and decontamination fluids, shall remain the property of the Agency and shall be returned to the Agency at the conclusion of the work for disposal by the Agency. b. All materials removed from boreholes or trenches and all ground water removed from monitoring wells will be placed in suitable storage containers, if necessary, and left on- site. Contaminated materials will be stored separately from non-contaminated materials, if this determination can be made with appropriate field equipment. A Safety Specialist, Inc. (Stock No. H2W-1) or equivalent Hazardous Waste Label will be attached to each container. Following chemical analysis of a sample from the monitoring well or container, Contractor will notify the Agency of the contaminants, if any. Disposal of the containers and their contents is the sole responsibility of the Agency. 4 . Standby Costs. Agency agrees to pay Contractor the rate of $90. 00 per hour for field personnel; $120. 00 per hour for backhoe equipment and $150 . 00 per hour for drilling equipment for stoppage of work in the field not set forth in the Scope of Services if such stoppage was made at the request of the Contract Officer. EXHIBIT "B" TO CONTRACT SERVICES AGREEMENT PSI\383\014084-0006\29088.4 03/25/93 EXHIBIT "C" SCHEDULE OF COMPENSATION The Contract Sum shall be paid on a percentage of completion basis. In connection therewith, the Contract Sum shall be allocated among the tasks described in the Scope of Services as follows : Cost for Proposed Cost for Phase Development Area Entire Site 1. Phase la $30, 000 . 00 $41, 600 . 00 2 . Phase lb $ 5, 500 . 00 $ 7, 500 . 00 3 . Phase lc $10, 000 . 00 $12, 500 . 00 4 . Phase 2 $17 , 000 . 00 $17, 000 . 00 Total $62, 500 . 00 $78, 600 . 00 The cost breakdown for the various phases of the work are further segregated on the attached schedule. All future regulatory interface and other meetings will be conducted as needed, on a time and materials basis in accordance with the attached fee schedule. EXHIBIT "C" TO CONTRACT SERVICES AGREEMENT FS1\383\014084-0006\29088.4 03/25/93 TABLE 1 • Cost Estimate Breakdown PHASE 1 -ENVIRONMENTAL SITE ASSESSMENT (14 Test Pits) Phase la Proposed Development (21 Test Pits) • Field Investigation Area Entire Site - Project Review $1000 $1,000 - Site Safety Plan 500 500 - Leighton Field Personnel and Equipment 3,600 4,700 - Drilling Services 5,500 7,000 - Landfill Gas Survey 1900 1900 • Chemical Analysis and Soil Tests 12,500 20,500 • Meetings 2,000 2,000 • Project Management and Interim Data Report 3,000 0�00 Subtotal Phase la: $30,000 $41,600 Phase lb • Feasibility Study with Tabular Data $5,500 $7,500 Subtotal for Phase lb: $ 5,500 $7,500 Phase lc • Feasibility Report $1,500 $2,000 • Site Assessment Report - Data Analyses and Project Management 3,500 4,500 - Report Preparation 0�00 6,000 Subtotal for Phase lc: $10,000 $12,500 Total for Phase 1: $45.500 $61,600 Phase 2-Preluninary Geotechnical Investigation • Geotechnical Field Investigation/Drilling $ 7,500 10 borings) • Project Review 1,000 • Geotechnical Laboratory Testing 3,000 • Project Management 1,500 • Data Analysis and Report Preparation 4,000 Total for Phase 2 17 000 REGULATORY INTERFACE/MEETINGS AS NEEDED Based on time and materials in accordance with attached 1990 Professional Fee Schedule. & 0EIGHTON AND ASS08ATES, INC. Geotechnical and Environmental Engineering Consultants 1990 PROFESSIONAL FEE SCHEDULE ENVIRONMENTAL SERVICES PROFESSIONAL STAFF FEES (per hour) RATE HYDROGEOLOGY FIELD EQUIPMENT RATE Principal;Associate . . . . . . . . . . . . . . . . . . . $ 115 Water Level Recorder $ 25 per day . . . . . . . . . . . Senior Project Engineer/Geologist/Scientist . . . . . . . . . 105 Water Level Sounder . . . 25 per day Project Engineer/Geologist/Scientist; pH Conductivity and Temperature Probes 25 per day Operations Manager Senior Stott Engineer/Geologist/Scientist, Hermit Data Logger . . . . . . . . . . . . . . . . . . 300 per day Field Supervisor . . . . . . . . . . . . . . . . . . . . . . . 65 Surface Pump . . 25 per day . . . . . . . . . . . . . . . . . . . . Staff Engineer/GeologisUScientist; Stainless Steel Bailer . . . . . . . . . . . 15 per day Senior Technician . . . . . ' Submersible Pump . . . . . . . . . . . . . . . . 60 per tlay Technician II . .. . . . . . . . . . . . . . . . . . . . . . . . . 60 Technician I . . . . . . . . Portable Generator . . . . . . . . . . . . . . . . . . 50 per day Information SpeaalisVTechnical Other Hydrogeology Equipment . . . . . . . . Upon Request Illustrator . . . . . . . . . 47 Word Processor,Technical Assistant . . . . . . . . . . . . 35 INVOICES a. Invoices are rendered monthly,payable upon receipt. Overtime for field personnel will be charged at the basic rate plus b. A retainer of 50% of the fee is required for projects with a $20.00 per hour Overtime is defined as the excess above B hours total fee of$5000 00 or less. For such projects,the balance on weekdays,time before 7 a.m. or after 5 p.m., and all Saturdays, of the fee must be paid at the time the report is released to Sundays, and holidays. the client. Expert witness testimony will be charged at $200.00 per hour; c Thirty percent of the fee for field studies will be invoiced minimum charge of$600.00, immediately on authorization to cover equipment and mobilization costs. ENGINEERING EQUIPMENT PROPOSAL ACCEPTANCE PERIOD Vehicle Usage . . . . . . . . . . . . . . . . . . . $5 per hour Proposals are valid for 30 days, unless otherwise stated. Tiltmeter, Inclinometer Readout . . . . . . . . . 25 per day Nuclear Soil Gauge . . . . . . . . . . . . . . . . . . . . . 25 per day LABORATORY CHARGES Computer Time 20 per hour Laboratory testing charges for contaminated soil,rock,water,or Plotter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 per plot other samples will be provided upon request. To safeguard Consultant's personnel and subcontractors during the performance of a contract,safety equipment may be required. GEOPHYSICS FIELD EQUIPMENT ff such equipment is needed, it will be purchased at Client's expense. Upon completion of the field work, all contaminated 12-Channel Seismograph• .. . . . . . . . . . . . . $ 45 per day disposable equipment shall remain Client's property and shall be returned to Client for proper disposal. In addition, all soil Downhole Seisgun ($4.50/Round) . . . . . . . . . . 10 per day samples taken shall remain the property of Client and shall be Electrical Resistivity Array .. . . . . . .. . . . . . . . 130 per day returned to Client at the and of the project for proper disposal. Streaming Potential Array . .. . . . . . . . . . 90 per day DISCLOSURE Other Geophysical Equipment . . . . . . . . . . . . Upon Request Client agrees to provide all information in Client's possession pertinent to actual or possible presence of hazardous materials A mobilization/demobilization fee of$220.00 will be charged for the on the she, and agrees to compensate LdA for all costs seismograph. associated with the unanticipated discovery of hazardous materials. REIMBURSABLE EXPENSES Heavy equipment, supplemental insurance, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15%, unless billed directly to, and paid by client. Per diem charges of $35.00 per day plus lodging will be charged when the project requires an overnight slay. 9062 390 6881139-07 Schedule for Palm Springs Landfill Project (Work Weeks)(1) Project Weeks Phase 1 — Environmental Site Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Assessment Phase 1 a Project Initiation &Site Safety Plan Field Investgation Laboratory Analysis Interim Data Report Phase 1 b x Feasibility Study (Table d c r r x Phase is m x Feasibility Report o H y Site Assessment Report. ro �_ o � _ z Notes: o C (1) Number of weeks from receipt of written authorization to proceed. z (2) This schedule does not include any review time needed by agencies. ro FIGURE 1 E. , ...........�....__._,._�.__._CERTIFICA. OF INSURANCE_ ..._.. .. C __..�......,. _• __, _ - ISSUE DATE(MMIDD/VY) <. ' I PRODUCER � I CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS DOESN NOT MEIND,TEXTEND OR ALTER I TIHE COVERAGE AFFORDED CERTIFICATE BY THE .1r:J l'115 ;�tl'I lII[illi l ('.!7 n'I�si41'I }wyPOLICIES BELOW. ll COMPANY !COMPANIES AFFORDING COVERAGE p N LETTER A ri 0111 C1 LI1:;1.1I ;.!1;4..k:. (.:(tUll.tO I! p j COMPANY B R INSURED LETTER L.!r.v}i,_. I.tl ,1,1,' 15 r ! jlR l!'I'I';r:il'I . . , .. . COMPAN Y ClJl LETTER .. F.- COMPANY ..__ f..,t.., is.'J'`+: :4 LETTER Dr I t...L rV:i.1'}r:' J. p tltR'{:..`an I. :it,'II;+ COMPANY E LETTER COVERAGES ----- - --__,----`— ------ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD iI INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS f 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f, f�TR TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ION GENERAL AGGREGATE LIMITS S ! L.1, € DATE(MM;DD`VY) DATE(;MIDD`Y ) II I? GENERAL LIABILITY GI..R { „t Ql! f COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. .'::'\1'',} :i(I�j uCLAIMS MADE .'. OCCUR. PERSONAL&ADV.INJURY $ :I. OWNER'S&CONTRACTOR'S PROT V EACH OCCURRENCE FIRE DAMAGE(Any one Ore) $ I MED.EXPENSE A COMBINED SINGLE a person) $ i n one __ 1 h AUTOMOBILE LIABILITY I'I I" . I y . . ANY AUTO LIMIT S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ {{I J T. HIRED AUTOS BODILY INJURY lil NON-OWNED AUTOS (Per o..IdenO $ GARAGE LIABILITY i PROPERTY DAMAGE $ if EXCESS LIABILITY !.I Ilti:,.. ),1 t: JAI1 ` ,_''. ` 11/'`:'+ EACH OCCURRENCE $ UMBRELLA FORM f AGGREGATE $ :L(?ii':,}t,J;;;4) ! OTHER THAN UMBRELLA FORM WORKER'S _ _ 4 !_I f. ,},'; .:. -j�r - -f r t DISEASE—POLICY LIMIT—� $ I / r6 ,}„ l COMPENSATION AND ' I %''r' +EACH ACCIDENT $STATUTORY LIMITS ! III EMPLOYERS LIABILITY 0 DISEASE—EACH EMPLOYEE $ IV I OTHER 4 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ,.If"R11 si,ti C: I.'I..::ir...... , ,;r — II_CERT______ _. _ -_—_____—_ . ,_-_ -___._ _ _-- _ r Y !_ _ CERTIFICATE HOLDER CANCELLATION 10,DAY-S ��� 'POR piZENdIT,J14i NON PAY., 4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ill ` EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO L11 vVfiI._i ;ii MAIL ) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE I 11 ( (I•I t11�i L..L..;'1'':! i-!...:I:(:`11`: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ,: }` ,:: :.;...r I AGENTS OR REPRESENTATIVES.. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AG ACORD 25 $ (7/90).- _. AUiIioBREI]R ENTATIVE EPRESI i ! ACOR I�ORPORQTION 1990 it i L.•; �J .. �. �' ,. �, , ,� � � � „ � � . , ��is ';�'� ,. -ti I _ .... .,.ti. _d ;_... .;tf��, �, .. .� � , ( I I - � I II POLICY NUMBER: GLRF385900 INSURED: Leighton & Associates, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) 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 92663 ATTN: DALLAS FLICEK Project: 6881139-07 PALM SPRINGS, CA (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, but only with respect-to liability arising out of "your work" for that insured by or for you. - CC 20 10 11 85 DATE: 3/17193