HomeMy WebLinkAbout04562 - LIDGARD & ASSOCIATES TRAMWAY GAS STATION p"I City of Palm Springs
c) Department of Community & Economic Development
1� P.��}'` MEMORANDUM
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Date: October 27, 2003
To: Barb White
From: Curt Watts'
Subject: Contract Services Agreement #A4562 �
Appraisal Services, Tramway Gas Station
Contractor: Lidgard and Associates Inc.
The above-referenced Agreement expired on its own terms (per Section 3.4 of the
Agreement) on September 12, 2003. The contract should now be listed in your records
as "closed". There were no payments processed against the Agreement since,
subsequent to its approval and execution, it was determined that the services would not
be needed.
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Lidgard & Associates
Tramway Gas Station Appraisal
AGREEMENT #4562
CITY OF PALM SPRINGS GM signed 9-12-02
COMMUNITY & ECONOMIC DEVELOPMENT DEPAi_...._.-. .
CONTRACT SERVICES AGREEMENT FOR
APPRAISAL SERVICES RELATED TO TRAMWAY GAS STATION
LOCATED AT 2901 NORTH PALM CANYON DRIVE
THIS CONTRACT ERVICES AGREEMENT (herein "Agreement"), is made and entered
into thisY'day of , 2002, by and between the CITY OF PALM SPRINGS,
a municipal corporation, ( rein "City") and LIDGARD AND ASSOCIATES INCORPORATED, a
real estate appraisal and consultation firm (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 underthis Agreement.
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If the services involve work upon any site, Contractor warrants that Contractor has, or will,
investigate the site and is or will be fully acquainted with the conditions there existing, prior to
commencement of services hereunder. Should the Contractor discover any latent or unknown
conditions,which will materially affect the performance of the services hereunder,Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the Contract Officer.
1.6 Care of Work. The Contractor shall adopt reasonable methods during the
life of the Agreement to furnish continuous protection to the work, and the equipment, materials,
papers, documents, plans, studies and/or other components thereof to prevent losses or
damages, and shall be responsible for all such damages,to persons or property, until acceptance
of the work by City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Both parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Both parties
agree to act in good faith to execute all instruments, prepare all documents and take all actions
as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter
specified, neither party shall be responsible for the service of the other.
1.8 Additional Services. City shall have the right at any time during the
performance of the services,without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to or deducting from said
work. No such extra work may be undertaken unless a written order is first given by the Contract
Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)
the time to perform this Agreement,which said adjustments are subject to the written approval of
the Contractor. Any increase in compensation of up to 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 Contractorthat
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 maybe more costly or time
consuming than Contractor anticipates and that Contractor shall not be entitled to additional
compensation therefore.
1.9 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto
as Exhibit"B" and incorporated herein by this reference. In the event of a conflict between the
provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B"
shall 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 Five Thousand Two Hundred Dollars ($5,200.00) (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 fortime and materials based upon the Contractor's rates as specified in the
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Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as
may be specified in the Schedule of Compensation. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs,telephone expense, transportation
expense approved by the Contract Officer in advance, and no other expenses and only if
specified in the Schedule of Compensation. The Contract Sum shall include the attendance of
Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not
be entitled to any additional compensation for attending said meetings.
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 laterthan the last working day
of the month.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. Contractor shall commence the services
pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all
services within the time period(s) established in the "Schedule of Performance" attached hereto
as Exhibit "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 ForceMaieure. 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
severeweather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight
embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the
Contractor shall within ten (10) days of the commencement of such delay notify the Contract
Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the
extent of delay, and extend the time for performing the services for the period of the enforced
delay when and if in the judgment of the Contract Officer such delay is justified. The Contract
Officer's determination shall be final and conclusive upon the parties to this Agreement. In no
event shall Contractor be entitled to recover damages against the City for any delay in the
performance of this Agreement,however caused,Contractor's sole remedy being extension of the
Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this
Agreement, this Agreement shall continue in full force and effect until completion of the services
but not exceeding one(1)yearfrom the date hereof,except as otherwise provided in the Schedule
of Performance (Exhibit "D").
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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:
Scott A. Lidgard, MAI
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 any otherentity 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
maybe 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 Contractorof any liability hereunder
without the express consent of City.
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 City a wholly independent contractor with only such obligations as are consistent
with that role. Contractor shall not at any time or in any manner represent that it or any of its
agents or employees are agents or employees of City. City shall not in any way or for any
purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint
venturer or a member of any joint enterprise with Contractor.
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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 at least
$1,000,000 bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and
completed operations.The Commercial General Liability Policy shall name the City of Palm
Springs as additional insured in accordance with standard ISO additional insured
endorsement form CG2010(1185) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in an amount which fully complies with the statutory requirements of the State of
California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile liability
insurance written on a per occurrence basis with a single limit liability in the amount of
$1,000,000 bodily and property damage. Said policy shall include coverage for owned, non-
owned, leased and hired cars.
(d)Additional Insurance.Additional limits and coverages,which may include
professional liability insurance, will be specified in Exhibit "B"
All of the above policies of insurance shall be primary insurance and issued by companies
whose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive
all rights of subrogation and contribution it may have against the 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 underthis 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,
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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) Contractor will promptly pay anyjudgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
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 are made a
party to any action or proceeding filed or prosecuted against Contractor for such damages
or other claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay
to the City,its officers, agents or employees,any and all costs and expenses in--urred by the
City, its officers, agents or employees in such action or proceeding, including but not limited
to, legal costs and attorneys' fees.
5.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in
the form provided by the City, which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original, notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the entire
term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement.
5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated"A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due to
unique circumstances. In the event the City Manager determines that the work or services to be
performed under this Agreement create 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 Managerto the City Council of City within ten (10)days of receipt
of notice from the City Manager.
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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 orwill materially increase ordecrease 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 ordecreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.2 Records. Contractor shall keep, and require subcontractors to keep, such
books and records as shall be necessary to perform the services required by this Agreement and
enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall
have full and free access to such books and records at all times during normal business hours of
City, including the right to inspect, copy, audit and make records and transcripts from such records.
Such records shall be maintained fora 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. 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 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.
6.4 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. 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 underthis Agreement,the injured
party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The
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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 orwhich 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 Contractors 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 non-
defaulting 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 LegalAction. In addition to any other rights or remedies,either party may take
legal action, in law or in equity, to cure, correct or remedy any default,to recover damages for any
default,to compel specific performance of this Agreement,to obtain declaratory or injunctive relief,
or to obtain any other remedy consistent with the purposes of this Agreement.
7.7 Liquidated Damages. Since the determination of actual damages for any
delay in performance of this Agreement would be extremely difficult or impractical to determine in
the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall
pay to the 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 Agreement except as specifically provided in the following Section fortermination
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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, 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 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 as may be approved by the Contract Officer, except as provided in Section 7.3.
In the event the Contractor has initiated termination,the Contractorshall 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.
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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. In the case of the Contractor, it should be addressed to the
person at the address designated on the execution page of this Agreement. Either party may
change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated at the time personally delivered or in seventy-two (72) hours from the time
of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance
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.
-10-
IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date
first written above.
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
�y By'
City C erk City Manager
APPROVED AS TO FORM:
(Check one: _Individual _ Partnership
4Corporation)
By: s____
Cit tt rney CONTRACTOR:
By:
Signature (Notarized)
Corporations requiretwo notarized signatures: Onefrom each of ,
the following: A. Chairman of Board, President, or any Vice ,,rr
President: AND B. Secretary, Assistant Secretary, Treasurer, �JcoT7 A Gt r7c+tip
Assistant Treasurer,or Chief Financial Officer). Print Narrje &Title
By: �Vv
S' nature ( otarized)
ATTACHMENTS:
L,v'-'mo sr �
EXHIBIT "A" Scope of Services Print Naffe &&Title
EXHIBIT "B" Special Requirements
EXHIBIT "C" Schedule of Compensation Mailing Address:
EXHIBIT "D" Schedule of Performance
Lidgard and Associates Incorporated
2808 E. Katella Avenue, Suite 107
Orange, CA 92867-5246
A4 , _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
:�::rc,?tif.:v'Y'�fc<;:C::k.::E...�...�.<:-c+'c^.cr.cS:4�;i,:..n.'Cti,..,.-rrr�-c�:gL•c,.r,(',^:r:.<;..�Y.cgcr:,a';cr.,P:�<;4!::t.Y::t,'tarcxti'::�",cptM-G:��
State of Califomia l
ss.
County of lfln�— '� J
On before me,
Dale Ilw of Ofttr fe.p.,'Jonr.Daw,
personally appeared _ Gq��$e'l`' _^ - -C4'
��J�� Nxma(v)of 6lBnrc(n) '�
roved to me on the basis of satisfactory
Ifi evidence
to be the berson(s) whose name(s) rg/are
In subscribed to the within instrument and Z
acknowledged:to me that Woe/they executed
the same in IOs/bsrltheir authorized
TU R.-+-.-.-+»«� capecit ies and that b r/their
SUFCETI]R.liHATT YC )� Y lS�lt�
* Comm M 1221059 signatures)on the instrument the person(s), or
+ 'Qa" Y NOTARY PUBLIC-CALIFCRNIA :d h th f h the entity upon behalf o whichperson(s)
GFANGS COUNTY P
p; WCominhaQnwra?ByP�,2tCC+ = acted, executed the instrument.
.......... -111I'"" I
I
WIT MS S my hand and official seal.
Plncn Nntnry ae0l Nbeve ' (,1
OPTIONAL.
Though the mformafion below is not rgquired bylaw, it may prove valuable to parsons relying on tho document
and could prevent fraudulent removal and reattachment of this form to anotner documonf.
{
g' Description of Attached Document
II TrNe or Type of Document: ,yae- I - I
Document Date: �f hl,�aaZ^ _Nu ber of Pages;
Signer(s) Other Than Named Above.
Ca act p ty(iQs) Claimed by Signer
Signers Na
f f l Ual Top orlhumb here
1-1 Corporate Officer—Thle(s):
C Partner—❑ Limited ❑General
rl Attorney in Fact
❑ Trustee I
LJ Guardian or Conservator I
.. ,. U Other:
Signer Is Representing.
',v'T. . r%l:"yLsn'
e hem fMlbnd NOwy�u0geA0A•B3W pn FOIn Pw.,PD Hnv BIA:•q�,wnOn,CA e1313 eun•Nww.rulkminnNry,MH I Prr i Nn,a07 na r.L 11 TWW I-W Vfl nZ7
I
I
EXHIBIT "A"
SCOPE OF SERVICES
The purpose of the appraisal is to estimate the "as is" market value of the total property (APN 504-
040-001) if sold to a single purchaser as of the appraiser's date of inspection.
The use of the appraisal is to report findings of Market Value in a manner usable to those charged
with the responsibility of computing just compensation based on the State Rule of condemnation.
The property rights being appraised represent the fee simple interest of all future benefits that may
be derived from the property's present or possible use, except forexisting easements and rights-of-
way record. The valuation study will include all real estate items (land, building, and appurtenant
on-site improvements), exclusive of non-realty, fixtures/equipment, if any.
The appraisal report will comply with reporting requirements set forth in the current Uniform
Standards of Professional Appraisal Practice(USPAP), under Standard Rule 2-2(b)for a summary
appraisal report, will incorporate, by reference, the data and valuation analysis contained in
Contractor's office file/data base and will comply with the requirements of the Code of Professional
Ethics and Standards of Professional Practice of the Appraisal Institute.
The formal narrative appraisal report will be reported in a summary report format which will lead the
reader to the appraiser's conclusions of value.
EXHIBIT "A"
TO CONTRACT SERVICES AGREEMENT
-12-
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.1 (a) The Contractor's "Comprehensive General Liability Insurance" requirement is
waived. Because of the nature of the work, the Contractor is required to have "Appraisers Errors
and Omissions" insurance with a $300,000 limit of liability, and a $600,000 aggregate limit.
Section 5.3 "Performance Bond" is deleted.
EXHIBIT"B"
TO CONTRACT SERVICES AGREEMENT
-13-
EXHIBIT °C
SCHEDULE OF COMPENSATION
The Contractor shall perform the Scope of Services on a lump sum fee basis of Five Thousand
Two Hundred Dollars ($5,200.00). Payment of the Contract Sum shall be made upon the
satisfactory completion of the Scope of Services and delivery of three (3) summary appraisal
report originals.
EXHIBIT "C
-14-
-09/06/2002 12:47 7145224516 FARMERS INS PAGE 02
POF6y NIJBIDRF: 09402 52 96
DAM
ACORD, CERTIFICATE OF (LIABILITY INSURANCE 9/6/2 02
PRODucER Manser Insurance Agency THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION
16700 Yalley View Ave.,5[e.140 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
La Mimda,Ca.9063E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Lk"774536
714-521-3672 F#714-522,4516 INSURERS AFFORDING COVERAGE
11 B Lidgard L ABBOciatoa INBVRER IS Faaff+YA I➢RviaDCO tlMnga
INSURER B: 17aLTABrM InRlitalfOa
Scott Lidgard
atell " rN Da++rPn� AFr nq�
2808 Z. Estella Aw. k107 INSUMR
Orange, CA 92967 INouacab,, zw xaanzaaco YTAhfaq!
IIN9 MR B.
COVERAGES
THE POLICIES OF INSLIRFNCE LOTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DCOUMEN'WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUEDOR
MAY PERTAIN,THE INSURANCE AFFORDED SY THE POLICIES 13E9CRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMB'S SHOWN MAY HAVG BEEN REDLCED BY PAID CLAIMS.
f R TYP E OF NOURARcE POLICY WAM11 FOUVEFFIr"E FWCr EfIFIM110N uVin
OEMEMk LVaI EACH OCCURRENCE E1,000,000
A CDNM[MCpll carrcRa wBRYIY 09402 62 96 10/1/2001 10/l/2002 FIRE OAMADE(myOM RRI a ,O
GUMS MADE ®OCCUR MEO EaPf_ MR »on f ,0 O
PCRCONALAADVmJURY f
OENEfU _' OREGATC S 1,00,0 O
OEMI.AOORCOATDUMITAPPLIESPER PRODUCTS.COMP pop AOO f -�
POLICY F7 Loo
AUTOMOEILEU IUTY COMBINED MINGLE OAT
ANY AUIV (EA fl M)_ B
ALL vvNCb AurCO F 1
SODM.Y INJURY f 25D,000
a OCNCDULEDAUTOR 13932 91 56 1/25/2002 1/25/2003 tPo•waa^)
ItmEDAUToa i poDMV INJUIxr f500,000
NOKpwNEO AVTOs � (Pr ACCNM11) y,
( PROPERTY DAMAGE f 100 f 000
pw wxl )
CARA9E UAOUTY I AUTOONLYIEAACCIDENT S
ANYAUTe OTHERTHAN EAACO f
AM ONLY: AGO f
FXCFSS wuJTv I:ARI OCCURRENCE S
OCCUR F—CLAIMS MADE AOOREOATF S
f
DEDUCTIBLE S
RETEN710N fI S
WORMERi COMFEIIfATON TWO C TATlF t♦
EMPLOY WUAOLLJTY
F.L 6401 ACCIDFNi S
E LDISEAEE-EA EMPLOYEE f
E.1.nItEASE.POLICY LAID S
C O"Iti 32397 34 57 9 28 2001 912
11/2002 B3,600,000
A 0M8RiLLA POLICY 39416 20 17 l0/2/2001 10/2/2002 $1,000,000
250 Deductible Each Occ=
KKRPTION OF OPERATIOMMLOCATONEMIMCLEMEaM MOW ADDED W ID400"EMEMTNPEak PAOVMIONa
ADDITIONAL INSMW: CITY OF PALM SPR:D:TGS DEPARRMENT OF COMMITY C. ECONORITC DEVELONONT
ATTN:CDRT MITTS IMD1VL'LOPbCCNT AG•A.,...�..,...,tvi3
3200 9. TAQVITB CANTON ROAD, PALM SPRINGS, CA. 92263
C-umbrella Policy is additional Liab:Llity for Auto Policy #138329155
D-umbrella Policy is additional Liability for the Couvarcial Policy #094026296.
CERTIFICATE HOLDER Apal10NN.mvmry RuuREA LrMR: CANCELLATIO ,
City of palm Springs Dc Iopu=t of C �y390U ARY OF THE ABOVE DEMMmEO FOUdES BE CANCML D SEFORE THE EXIRRAMOR
-TEAR TNEAEGF,V111 r INMNC IMMRIFR WILL 01DEAVOR TO ILML 30 pAYI WRTTEM
E Scommic dsT lopmsnt Attn: Cuxt Watts NOTICE TO THE CERSIFICAW HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SV SMALL
3200 Y Txq,•LC Canyon Road IMPOSE HO OMJOMfON OR LIAMIUTY OF AW NNO UFOR TNF RNWR;K Rf AOENff OR
Palm Springx, CA. 92263 REFA ENTArN &I
Au REFREdE
ACORD 26S(7197) 0 ACORD CORPORATION 1088
09/06/2002 00:03 7146338449 LIDGARD AND ASSOC PAGE 02
APR-19-2002 15:38 FIVE STAR MORS oieer7i�oo r.vz
Hobbs Group
Five Star Appraisal Program
118 South Clinton Street, Suite 450 ' Chicago, IL 60661 " (800) 497-4644
PROOF OF COVERAGE
1. Name and Address of Insured:
(a member of the Five Star Realty Inc„ Risk Purchasing Group)
Scott Allan Lldgard
dba Lldgard and Associates, Inc.
2803 E. Katells Avenue k 107
Orange, CA 92857
2. Insurer: Westchester Surplus Lines Insurance Company, (a division of the ACE INA Group)
Rating; AM Best: A (Excellent) S&P: A+(Good)
3. Coverage: Errors and Omissions
4. Policy Number: N00194104
5. Limits of Liability: $ 1,000,000 Each Claim, including Claims Expenses
S 1,000,000 Annual Aggregate, including Claims Expenses
6. Deductible: S 1,000 Each Claim,including Claims Expenses
7. Annual Policy Premium: $1,723,24 (Paid in Full, including taxes and $55 processing fee)
S. Policy Period: 04/02/2002 to 04/02/2003
12:01 a.m. standard time at iim, . .. .. .:o;ad above.
9. Retroactive Date: 0410 2/1 99 8
Definition: Retroactive Date(Prior Acts Coverage)•This is the date from which the Insured warrants that
`CONTINUOUS'Professional Liability coverage has existed without interruption. Appraisers obtaining this Insurance
for the FIRST time or renewing insurance after a lapse in coverage will:have a retroactive date the same as the policy
Inception date. A retroactive date indicates how far back In time this insurance will provide coverage for prior acts. Any
claim made for an appraisal done poor to the retroactive date will be excluded under this policy.
10. Based on; 1 appraiser
11. Coverage is subject in all respects to the terms,conditions, &limitations of the master policy issued by
Westchester Surplus Lines insurance Company, Policy Number MPREA-2000, unless otherwise specified,
12. This "Proof of Coverage" notice is your formal "Evidence of Insurance"to be used(or copies thereof)to
notify banks, and other third parties that such coverage exists.
Date of issuance: Apr 19,2002
i�eseue '�L. O
Authorized Representative
TOTAL P.02
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
SEPTEMBER 6, 2002 GROUP:
POLICY NUMBER: 15118 97-2 0 0 2
CERTIFICATE ID: 25
CERTIFICATE EXPIRES: 05-01-2003
05-01-2002/05-01-2003
CITY OF PALM SPRINGS
ATTN: KURT WATTS
3200 E TAQUITZ CANYON ROAD
PALM SPRINGS CA 92263
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
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.
F
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms,exclusions, and conditions,of such policies.
/ l �Ti121?1Lf�v `
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05-01-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF PALM SPRINGS ATTN: KURT WATTS
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE OS-01-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
LIDGARD ASSOC, INC
2808 E KATELLA AVE #107
ORANGE CA 92867
SCIF 10265 rEPF-Ul:KG 1
RDE D
ACORD. CERTIFICAI OF LIABILITY INSURAP& PRIDR 07-29ATE-2003
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
SUPERIOR ACCESS INS SRVC INC/PHS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
181840 P: (866) 467-8730 F: (877) 905-0457 I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. BOX 33015
SAN ANTONIO TX 78265 INSURERS AFFORDING COVERAGE
INSURED INSURERA Hartford Casualty Ins Co
INSURER B: _
LIDGARD AND ASSOCIATES INC INSURERC:
2808 E KATELLA AVE #107 INSURERD:
ORANGE CA 92867 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 ryPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
L7R GATE MM/DD/YY OATS MM/DDIYY
GENERAL LIABILITY I EACH OCCURRENCE I s2 , 000 , 000
A COMMERCIAL GENERAL LIABILITY 72 SBA AB2420 10/01/03 10/01/04 FIRE DAMAGE(Any one Pre) $300, 000
� q �
CLAIMS MADE •' OCCUR MED EXP(Any one Person) $10 , 000
X Business Liab PERSONAL&ADV INJURY $2 , 000, 000
GENERAL AGGREGATE s4 , 000 , 000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s4 , 000 , 000
POLICY JECT I X I LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s2 , 000, 000
A ANY AUTO 72 SBA AB2420 10/01/03 10/01/04 (Eaaccld,m)
ALL OWNED AUTOS
BODILY INJURY S
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Par awden0
PROPERTY DAMAGE $
(Per acadentl
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG 1 $
EXCESS LIABILITY_ EACH OCCURRENCE S
OCCUR u CLAIMS MADE (AGGREGATE $
5
DEDUCTIBLE S
RETENTION $ S
WORKERS COMPENSATION AND WC STATU- OTH-
TOR, LIMIT ER
EMPLOYERS'LIABILITY
E.L.EACH ACCIDENT $
E L.DISEASE-EA EMPLOYEE $
E L DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Those usual to the Insured' s Operations .
CERTIFICATE HOLDER X I ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION
City of Palm Springs De Department Of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
YP EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Community & Economic Development 30 DAYS WRITTEN NOTICE(10 DAYS FOR NON-PAYMENT)TO THE CERTIFICATE
Attn: Curt Watts Redevelopment Adm, HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
3200 E. Taquitz Canyon Rd. REPRESENTATIVES.
Palm Springs, CA 92263
AUTHORIZED REPRESENT E
Vic- QvCL4Lo�G�
ACORD 25-S (7197) D ACORD CORPORATION 1988