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HomeMy WebLinkAbout04463 - EARTH SYSTEMS SOUTHWEST INDIAN BARISTO ENVIRONMENT EIR' ?ALM s City of Palm Springs Office of the City Clerk (760) 323-8204 V � MEMORANDUM Date: May 22, 2003 To: Community & Economic Development From: City Clerk AGREEMENT#4463— Earth Systems Soutwest— Indian/Baristo Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: 03-01-03 STATUS: �� Wli (Yl Ci lam+ COMPLETED: f REMAIN OPEN UNTIL: Date & Initials CLOSE AGR Si nat e PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\fonns.std\agr-clse.mem • • Earth Systems Southwest Environmental Site Assessment AGREEMENT #4463 CM signed 3-25-02 CONTRACT SERVICES AGREEMENT FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR NWC S}OUJTH INDIAN CANYON DRIVE AND BARISTO ROAD °l THIS CONT ACT SERVICES AGREEMENT (herein "Agreement") is made and entered into thi/ day of 2002, by and between THE CITY OF PALM SPRINGS, a municipal corporation (herein "City") and EARTH SYSTEMS SOUTHWEST (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and 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 of competent jurisdiction. 1.3 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of$2,300.00 ("Contract Sum"). 2.2 Method of Pa. iv Went. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Scot A. Stormo is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Redevelopment Director is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified PU" i -s,,,,,h hldiMl ti e,,,,.,,, OPNGI6aIAL WU 1 herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assi mg Went. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 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. Contractor shall perform all services required herein as an independent contractor of City and shall remain under 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. 4.0 INSURANCE AND INDEMNIFICATION 4.1 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) 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 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. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (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 City 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$500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of$250,000.00 per occurrence and $500,000.00 in the aggregate or (ii) combined single limit liability of$1.000,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance: Policies of such other insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit "A". All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compenstation insurance nor the Professional Liability Insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, Phase 1-South Indian&Baristo 2 employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. 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 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4.1 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 persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City due to unique circumstances. 4.2 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, including paying any legal costs, attorneys fees, or paying any judgment (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 or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willfiil misconduct of the City. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until getol er 31, 206 . 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. Phase 1-South Indian& Bamto 3 6.0 MISCELLANEOUS 6.1 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 ensure 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. 6.2 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. 6.3 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. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 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. 6.6 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. 6.7 Severability. In the event that part of 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 portions 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. 6.8 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 Phase 1-South Indian&Baristo 4 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. 6.9 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, whether or not the matter proceeds to judgment. 6.10 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. CITY OF PALM SPRINGS, a municipal corporation B� �1- f'', .� � City Clerk City Manager (Check one: Individual _ Partnership CONTRACT UNDER $25,000 5 Corporation) Reviewed and approved by CONTRACTOR: EARTH SYSTEMS Procurement & Contracting SOUTHWEST InitialsDate 1�124-162 ---- By: P.O. Number (Notarized Signature) Print Name & Title Corporations require two signatures: One from each of the Following: A Chairman of Board, President,any - Vice President: AND B. Secretary, Assistant Secretary, By ,J Treasurer, Assistant Treasurer, or Chief Financial / �l] Zarized S- nature) Officer). l'I�G�.'2.6L R5/Z6 LUrL1 ��� Print Name & Title —dls �L(1O Mailing Address: 79-811 B Country Club Dr. Bermuda Dunes, CA 92201 Phase 1-SOnth Indian&Bnrislo 5 EXHIBIT "A" SCOPE OF SERVICES 1. Site Reconnaissance: This will include a visual reconnaissance of the site, noting physical evidence of potential contamination or possible sources of contaimination. The client/owner, tenants and/or site personnel will be interviewed (if possible regarding present and past site usage. The site will be photographed to document current conditions. Adjacent site uses will also be observed, to evaluate their possible impact on the subject property. 2. Site History Investigation: History of the site will be researched to identify past land use at and near the site related to the storage, production or use of hazardous materials. If possible, persons with knowledge of past site uses will be interviewed. Documents to be reviewed may include the following: 50-year Chain-of-Tile (if made available by Client) Building permits (if developed) Prior investigative reports (non-ESSW reports must be provided by Client) Historical aerial photographs Personnel interviews City directories Insurance and land-use maps, and Oil and gas production maps and records 3. Regulatory Agency Record Review: Many regulatory agencies compile information concerning sites that generate, store, use and/or have released hazardous materials. This information will be accessed by obtaining a report from Vista Information Solutions, Inc., or similar firm that specializes in maintaining a database of this type of information. The search radii for this review will be in accordance with ASTM standard E-1527 (plus an additional distance to accommodate large sites, as appropriate.) Typically, Vista uses 14 or more agency lists to compile their report. 4. Report Preparation: A report summarizing the results of the assessment will be prepared and sent to the Client. The report will include additional findings regarding past land use on and around the site and present an opinion regarding the potential for soil or groundwater contamination and recommendations for expanded assessment of the site, if deemed appropriate. The cost presented assumes that all seven parcels will be discussed in a single report, though separate reports can be prepared for the different parcels at an additional fee. Six copies of the report are normally submitted for the Client to distribute. Phase I-South Indian&Barisio 6 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C State of California I P County of Riverside ss. � �I On March 1, 2002, before me, Carole Graves Data Name and Title of OHlaer(e g "Jane Doe,Notary Pubfc) personally appeared Scot StormoI Name(s)of Signer(s) XX❑ personally known to me ❑ proved to me on the basis of satisfactory f evidence to be the person(*) whose narl is/** subscribed to the within instrument and fi acknowledged to me that he/E**Wexecuted the same in his/11ZNM authorized I capacity(i", and that by his/hXX=X I CARGtLE GRAVES signature(g on the instrument the person(4 or Commission n iz66089 [ the entity upon behalf of which the person" 0MYComm.Expirel Notary Public-California acted, executed the instrument. Riverside County is WITNE my hand an official seal. Place Notary Seal Above Slgn Wre of Nolary Pubbc * fl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: 3 fi Title or Type of Document: Contract Services Agreement fi Environmental Services 7 pa (; Document Date 02-27-02 Number of Pages: 9es Signer(s) Other Than Named Above: n.a. at the time notarization I Capacity(ies) Claimed by Sioner Signer's Name: Scot Stormo ) (, ❑ Individual TopotthDmNr,ere fi X Corporate Officer—Title(s): Vice President ( ❑ Partner—❑ Limited ❑ General D Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ; Ifi Signer Is Representing:_ Earth Svstems Southwest ; I 01999 Nalional Nolo,Assoclal -9350 De Solo Avo,PO Box 2462•Chalsworlh,CA 913132402•wwwnallonalnolaryorg Pmtl No.6907 Feortlor Call Toll-Free 1-800-876-6827 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i County of Scyx, k.,i� l�k��st�o ss. I� �I On��oSc.1� 1F�00a , before ni �e_ L.0e n,o�p,+.r \JbX\C_ IkKffSS I, Dale Name and Title of Officer(e g "Jane Ice,Notary PabLU personally appeared T°P_ 0 down Cfr O it I'� tNeme(c3 of SeseQs) � �-1-personally known to me >I El proved to me on the basis of satisfactory evidence fi to be the person(s) whose name(s) is/are subscribed to the within instrument-andI acknowledged to me that he/she/they executed ELAINE MARIE RODRIGUEZ the same in his/her/their authorizedi t Commission#1242477 z fi capy(ies), and that by his/her/their � Notary Public-California f. San Luis Obispo Count' signature(s) on the instrument the pe®rson(s), or MyComm.FxpiesNov19,2003 the entity upon behalf of which the person(s) acted, executed the instrument. IT SSmy hand and official sea. l n eAnr Place Notary Seal Above Signature of Notary Public I OPTIONAL 14 Though the information below is not required by law,it may prove valuable to persons relying on the document �I and could prevent fraudulent removal and reattachment of this form to another document. �I Description of Attached Document Title or Type of Document, 31 Document Date: Number of Pages: I fi Signer(s) Other Than Named Above: Capacity(ies) Claimed by SignerI i Signer's Name: I I� ❑ Individual 'I ElCorporate Officer—Title(s): Top of m6mb hare ❑ Partner—❑ Limited ❑ GeneralI ❑ Attorney in Fact ❑ Trustees ❑ Guardian or Conservator ❑ Other: Signer Is Representing; �I �I 1997 National Notary Association•9350 De Soto Ave,PO Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder Call Tolli 1-800-876-6827 Client#: 11* *HSYST1 ACORD„, CERTIFICATE OF LIABILITY INSURANCE 3/14/021DD r PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 510 465-3090 Edi Barrow INSURERS AFFORDING COVERAGE INSURED INSURERA Greenwich Insurance Company Earth Systems Southwest INSURER B: Hartford Fire Insurance Company Attn: Carole Graves INSURERC: State Compensation Ins.Fund of CA 79-811 B Country Club Drive INSURER D: Bermuda Dunes,CA 92201 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 POLICYEFFECTIVE POLOYEXPIRATION LTR TYPEOFINSURANCE POLICY NUMBER DATE(MMiM y LIMITS A GENERALLIABILITY GEC0001779-01 04/01/01 04/01/02 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fre) $100000 CLAIMS MADE �OCCUR MED EXP(Any one person) $5„000 PERSONAL&ADV INJURY $1000000 X IRR Cont.CG2417 GENERALAGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER PRODUCTS -COMP/OPAGG $2 000 DOD X POLICY D PRO LOC B AUTOMOBILE LIABILITY 57UUNIF9613 04/01/01 04/01/02 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO So accideri ALL OWNED AUTOS BODILY INJURY IS SCHEDULED AUTOS (Per person) X HIRED AUTOS X NON-OWNED AUTOS (Per ac INJURY $ (Per atlenl) PROPERTY DAMAGE IS (Per acntlent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND GP541UT65-01 05/01/01 05/01/02 X we STATu- oTH- EMPLOYERTLIABILITY GP541UT65-00 05/01/00 05/01/01 E L.EACH ACCIDENT $1,000,000 El DISEASE-EA EMPLOYEE $1,000,000 E L.DISEASE -POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Phase I&II-Indian&Baristo. The City of Palm Springs,its officers, employees and agents are additional insureds to general&auto liability. Insurance primary. A waiver of subrogation applies to general&auto liability. CERTIFICATE HOLDER ADDMCNALRISURED;wsURERLETTER: CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WIU,%XR5ffi%AxW MAIL 30—DAYSWRITTEN Attn: Community&Economic Development NOTICETOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT,BXRWAX0.q AXXxMAKI (xx 3200 Tahquitz Cyn Way wtexwx�Xx�axaxmxxxlaxxxxxomxxxxxxxxlB�c Palm Springs,CA 92262 s 11315S CK)U x: AUTHORIZED REPRESENTATIVE e. 8 Ic ACORD 25-S(7/97)1 of 1 #M57683 ����� ECB © ACORD CORPORATION 1988 P �F + r P PO' ROX420807, SAN,FRANCISCO, CA 94142 080 "C,OJJIPHN$P�TI(1'N ' e �/ ., 1'NPPS'U A N( F' " r rU CERTIFICATE OF WORKERS' COMPENSATION INSURANCE I9AI',H;, 2003, , P.oucvNUMeeR:. 541-03, UN IT 0000065 , _ . CERTIFICATE EXPIRES: 5-1-04, r �. CITY OF PALM.SPRINGS P&30k 2743` DALM SPRINGS .CA 92263 � JOB: ALL, OPERATIONS This,is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California 'I'tisurartce Commissioner to i'he employer named belowfiorthe policy psridd,indicated. 30 This policy is -bbsubjeet to cancellation by the Fund except upon teylays'advance written notice to the employer. " We-will also give you T�days'�aovance notice should this policy be cancelled prior to its normal expiration. This certificate oteinsurance is not an insurance policy and does not amend, extend oralter the coverage afforded by the , policies listed herein. Nbtwithstanding any `requirement, term, or condition of any contract or other document.with , respect to:.wnich;thisr 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. - AU T HOHILED REPRES�r��N//FATIVE' 'i PRESIDENT EMPLOYER'S LIABILITY, LIMIT -INCLUDING DEFENSE •COSTS: $1 000,000 PER OCCURRENCE.. ENDORSEMENT #2065 ENTITLEDi CERTIFICATE HOLDERS'NOTICE EFFECTIVE 05%01J03:,IS ATTACHED TO AND"FORMS A PART OF THIS POLICY. ENDOkSEMENT,4207,b, ENTITLED WAIVER OF.'SUBROGATION EFFECTIVE �05/09/0 'I$,ATTACHED TO AND FORMS A PART OF,;THIS .POLICY, , ' ' _ ,,THAD PARTY NAME.: CITY OF ,PALM, SPRINGS EMPLOYER EAR ff,SYSTEMS "INC� I_P±0 BOX 4259 SAN LUIS OBISPO q 9340 , Client#: 114 .THSYSTI ACORU, CERTIFICAW OF LIABILITY INSUFMCE 0DATE 4/02/03(MWDDArY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604.2675 510 465.3090 Edi Barrow INSURERS AFFORDING COVERAGE INSURED INSURERA Greenwich Insurance Company Earth Systems Southwest INSURER B Hartford Fire Insurance Co. 79-811 B Country Club Drive IN c: State Compensation Ins.Fund of CA Bermuda Dunes,CA 92201 --- -"— INSURER O. _ _ 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MMIDDm DATE MMIDDNY A GENERAL LIABILITY GEC000177903 04101/03 04101104 EACH OCCURRENCE _ $1,000,000 k COMME_E11AI This Policy ,e D:a v.Ge�.;,.y or riiei S160600 �culMS MaDEOCCUR Excludes Claims MED EXP(Any one person) $5000 X Contractual Arising out of the PERSONAL&ADV INJURY $1,000,000 X RR Cant CG2417 Performance of GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER. Professional PRODUCTS -COMPIOPAGG s2,000000 X I POLICY PEA LOG $efVICeS B AUTOMOBILE LIABILITY 57UUNIF9613 04/01103 04/01/04 COMBINED SINGLE LIMIT X ANY AUTO (Eaaccmem) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Peraccltlert) PROPERTY DAMAGE $ (Per o.rdont) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS LIABILITY I� EACH OCCURRENCE $ a OCCUR CLAIMS MADE AGGREGATE __ S DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND GP541UT6502 05/01/02 105/01/03 X WC STATU- OTH- TORY LIMI S — -I-- 'GC,DcNT- - $1,0uvgtivV EL DISEASE-EA EMPLOYEE §1,000,000 EL DISEASE-POLICY LIMIT 1$1,000,000 A OTHER Professional PEC000178003 04/09/03 04/01/04 $1,000,000 per claim Contractors Pol $1,000,000 annl aggr. lution Liability DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Phase I Environmental Site Assessment.SA-6837-Pi. City of Palm Springs is an additional insured as respects general and auto liability. CERTIFICATE HOLDER ADDIMONALINSURED;INSURERLETrER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILLRMk4FWRRXTF MAIL 3D—DAYS WRITTEN Attn: Barbara White NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BRx7A*XI.RRARAA"XK)=X 3200 Tahquitz Canyon Way x Palm Springs,CA 92262 zxPrI1 RR>of1%"x AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 Of 1 #S85958/M85868 '� ECB © ACORD CORPORATION 1988