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HomeMy WebLinkAbout03912 - OVERLAND RESOURCES ACQ & RELOCATE MO 6103 PALM s City of Palm Springs moo`` ';P�y Office of the City Clerk (760) 323-8204 V N MEMORANDUM - C�L!FQVL Date: March 31, 2003 To: Airport From: City Clerk AGREEMENT#3912 — Overland Resources Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: 2-1-03 STATUS: COMPLETED: REMAIN OPEN UNTIL: Date & Initials � CLOSE AGR (/Sig6 ature PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\forms.std\agr-clse.mem Overland Resources • Acquisition & Relocation Svcs AGREEMENT #3912 AMEND #1 AMENDMENT NO. 1 M06712, 9-20-00 AGREEMENT NO. A3912, ACQUISITION & RELOCATIOk ---- THIS FIRST AMENDMENT to Agreement A3912 for Contract ervices, (herein "Agreement") made and entered into on the day of 2000, by and between the CITY OF PALM SPRINGS (herein "dity'l and OVERLAND RESOURCES, INC. (herein "Contractor") is hereby effective as dated above, as follows: Exhibit"A"Project Fees is hereby amended to reflect the following Phase 11 Acquisition and/Relocation activity. Parcels: 680-072-006 680-073-005 680-073-006 680-073-003 Project Fees: The following fees relate to the referenced Phase II project: Overall Acquisition and Relocation Project Management Time and materials estimate based on 20% of the calculated case rates $6,220 Acquisition Services Based on 4 owners at $1,900 per case 7,600 Relocation Services Based on 10 displacements at $1,900 per case 19,000 Model Relocation Plan $3,000 + $150 per interview 4,500 Reimbursable Expenses Preliminary Title Reports (4 @ $460 each) 1,840 TOTAL $39,160 Acquisition Services Fees do not include: 1. Travel out of the region 2. Fees for title reports, escrow, reconveyances, demands, etc. 3. Attendance at City Council meeting or public workshop meetings 4. Extended negotiations or coordination beyond 25 hours per parcel Relocation Services Fees do not include: 1. Overcrowded dwelling units 2. Post initiation of negotiation tenants 3. Families with more than 6 persons 4. Hostile tenants with the potential for violence 5. Relocation tracing 6. Public and/or community meetings 7. Unusual situations requiring more than 25 hours of staff time per case Except as specifically worded herein, all terms and conditions of the Agreement shall remain in full force and effect and performance of services under the Agreement shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA B Y City Clerk City Mana er '' APPROVED AS TO FORM: Y City Attorney CONTRACTOR: OVERLAND RESOURCES , INC . (Check One- indi d I� pa ship, X corporation) (NOTARIZED) By: Signatur Ray Armstrong , President Print Name and Title (NOTARIZED) By: 2. e�'� Sign Jerry Colburn , Secretary Print Name and Title Mailing Address: 77-564 Country Club Dr . Suite 150-140 Palm Desert , CA 92211 (Corporations require two signatures; one from each of the following:A. Chairman of Board, President, any Vice President;AND B. Secretary,Assistant Secretary Treasurer,Assistant Treasurer, or Chief Financial Officer). .,/-,D5�i'�>' CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT • < �.>M�-'s3r:�:I%o%'i CState of K� County of i On before me, v'7)i !C• 1/0111ne.1, >� I(� Data f rName and Title of Officer(e g "Jane Doe,Notary Public") li personally appeared rf to �' r"°�s�e3 6� /'+ ,haw �Jf��.✓r+s7 � / Name(s of signer(s) Y �i 'personally known to me jl ❑ proved to me on the basis of satisfactory evidence )j to be the person(s) whose name(s)Ware subscribed to the 3 within instrument and acknowledged to me that he/she/they j executed the same in hisiber/their authorized capacity(ies), j di MW K.VOLLMR and that by his/her/their signatures) on the instrument thecommi ' otarvRs`bnah ntss97 person(s), or the entity upon behalf of which the person(s) Notaominge—CaNaNa orarDp county acted, executed the instrument. , My Comm.E�Mes Nov 3,2000 WITNESS my d and official seal. C)� signature of Notary Public OPTIONAL )� Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent �3 fraudulent removal and reattachment of this form to another document. tJJ Description of Attached Document j ter a3 Title or Type of Document: �/�l ��f�f1 `+ �/�a Pf?l�aa> ��P o c j7 Document Date: f Number of Pages:: / !% Signers) Other Than Named Above: (�A 4,(e 14 ' /FCC Capacity(ies) Claimed by Signer(s) �I <<'I �� + �,�,� Signer's Name: Gsr+ f �f2c Signer's Name: l 1 ❑ Individual ❑ Individual Corporate Officer Corporate Officer Title(s): Ant;/a,"� Title(s): �C? OIG�� ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General/n ❑ Attorney-in-Fact ❑ Attorney-in-Fact �a ❑ Trustee ❑ Trustee ,) f( ❑ Guardian or Conservator . `. ❑ Guardian or Conservator . `-- F ❑ Other: Top of thumb here ❑ Other: Top of thumb here 5 <0 su <<z Signer Is Representing: Signer Is Representing: 3 :z 14 iJr l(d �)�1 c a a7 u,.,uv�.<:✓i�i5✓J,:✓cucv�q`r���,c�S✓J��-Uu�'a�r�,�a✓;�5�(r✓J�=yam_'-'a`�'S�"v:�'vv.,��.:%� ✓ �:s�✓;�`.�- J'✓ ✓p 01996 National Notary Association•8236 Remmet Ave,PO Box 7184•Canoga Park,CA 91309-7184 Pan.No.5907 Reorder Call Toll-Free 1-800-876-6627 Overland Resources • Acquisition & Relocation Serv. Airport AGREEMENT #3912 � M06103, 2-18-98 AGREEMENT FOR ACQUISITION AND RELOCATION SERVICES WHEREAS, OVERLAND RESOURCES (hereinafter referred to as the "Contractor"), proposes to furnish real property acquisition services to acquire real property on behalf of PALM SPRINGS REGIONAL AIRPORT, of the State of California (hereinafter referred to as "Airport") for acquisition and relocation services of the hereinafter called "Project", acquisition of lands or property rights needed for Airport development at PALM SPRINGS REGIONAL Airport in compliance with all City, Federal, and State procedures and description of work, terms and conditions hereinafter described. WHEREAS, the Contractor represents that it has the expertise to perform the services of acquisition and relocation standards required by the United States Federal Aviation Administration (FAA). NOW THEREFORE, the parties referred to above hereto agree: The Contractor shall perform such services in connection with the acquisition of real property or interests in land for the requirements of said Project and be compensated therefore in accordance with the following articles of agreement: I. OBLIGATIONS OF CONTRACTOR A. Contractor will do the acquisition and supervision of the Project in accordance with the terns of this agreement. Contractor shall perform all such obligations as are set out hereunder with respect to the Phase I parcels immediately upon execution of this contract by all parties. Contractor shall undertake such obligations with respect to Phase II parcels immediately upon receipt by Contractor of written notice from the Airport to proceed. B. Contractor shall be familiar with all procedures required to acquire necessary real properly in accordance with City, Federal, and State law and procedures and Federal regulations when appropriate. C. Contractor shall prepare all documents necessary to convey to the Airport valid title to the needed real property interests and report results of negotiations of the Project. All conveyance documents shall be presented to the Airport Attorney for review and approval of the transaction before payment of funds to the owners as required by FAA instructions. D. Contractor shall make personal contact with each interested party (owner or tenant) to acquire valid title interests to needed property rights or relocation services as shown on the Project map or as instructed in writing by the Airport. 159/014084-0112/3137996.1 a01/30/98 E. Contractor, no later than the second contact, shall explain the compensation offer orally and in writing and request execution of appropriate conveyance by the owner to Airport of needed property rights in consideration of the amount of the offer made. Said offer, in writing, shall be made the first time the amount of the offer is discussed. F. Contractor in negotiation shall perform only to the limit of authority delineated by the title reports, Project maps, determination of fair market value, manual of procedures, acquisition schedule, and/or written instructions issued by the Airport and the FAA. G. Contractor shall maintain a complete, legible diary of each contact to include the time, place, amount of offer, person(s) to whom offer was made, or relocation contacts, all parties present, and owner's or displaced person's response in a form approved by the Airport to be retained for permanent records. H. Contractor shall obtain release of all liens or encumbrances necessary to vest valid title to required property rights to the Airport. I. Contractor, on or before the date designated in Article IX, hereof, shall furnish transmittal of diary, miscellaneous correspondence, escrow instructions, and valid conveyances pursuant to all negotiated transactions, or written recommendations regarding future negotiations in those cases where settlement failed. All work shall be submitted as completed to Airport officials for acceptance or rejection. J. Contractor shall abide by decisions made by the Airport on questions concerning acceptability of any work performed on the Project. All decisions made by the Airport are final. K. Contractor shall correct any deficient work performed by him/her on the Project and deliver corrected work to the Airport at his/her own expense. Corrected work shall be delivered to the Airport owner at the Airport office within 15 days from date of request for correction of item. L. Contractor shall be available for consultation (including, but not limited to discussion of diary notes and acquisition events) with Airport and Federal representatives after completion of this contract, should the need arise. Said consultation shall be contracted for by a separate agreement in accordance with Airport policies, and shalll not exceed those rates set forth in Paragraph IV. M. The Airport Owner, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records that are directly pertinent to this Project for the purpose of making audit, examination, excerpts, and transcriptions. 159/014084-0112/3137996 1 a01/30198 -2- N. Contractor shall sign and date, upon completion of the successful acquisition for each parcel, the following statement: "I hereby certify that the written instruments secured and forwarded herewith embody all the considerations agreed upon between me and the Property Owner; agreement on said instruments was reached without coercion, promises other than those shown in the instruments, or threats of any kind whatsoever by or to either party; I understand that the parcel is to be secured for use in connection with a Federal-aid Project; I have no direct or indirect present or contemplated future personal interest in the parcel or in any benefit from the acquisition of such property." II. OBLIGATIONS OF AIRPORT OWNER A. The Airport shall furnish applicable manuals of procedures, appropriate policy directives concerning procedures or expense reimbursement for matters not under Contractor's fee, deviating instructions in writing, acquisition schedule, title reports, appraisals, determinations of fair market value, Project maps, engineering data sufficient to allow the drawing of legal descriptions, and answer questions by the property owner during the phase of negotiation or relocation. B. The Airport shall review and accept or reject any work performed by the Contractor on the Project in thirty (30) days or less from the date of receipt by the Airport. C. When deemed necessary, the Airport will provide funds for appraisal of the properties and appraisal review, title insurance vesting in the Airport, and escrow charges. Payments to owners will be made into escrow in accordance with joint escrow instructions. III. CONTRACTOR'S RESPONSIBILITIES Contractor will perform the following services under this agreement: A. Undertake Phase I right of way services for acquisition of Phase I properties immediately upon signing this Agreement, and undertake Phase II right of way services immediately upon notification and authorization by Airport. B. Personally negotiate with property owners in a timely manner and make repeat calls until the owner agrees or gives a written request that condemnation procedures be instituted. C. When deemed necessary, place completed acquisitions in escrow with instructions signed by the Airport with the owner. Assist the escrow company until the transaction is closed. If condemnation is required, prepare the file for such action and return it to the Airport for further disposition. 159/014084-0112/3137996.1 a01/30/98 -3- D. Keep in close contact with the Airport and give it regular progress reports. Upon decisions that need to be made by the Airport during the relocation or acquisition process, there will be detailed explanation and alternatives provided for that body to make its decision. IV. COMPENSATION TO THE CONTRACTOR The Contractor shall be reimbursed on a per-parcel basis, at the rates set out in the Rate Schedule attached as Exhibit "A" hereto. V. INSURANCE Contractor shall take out and maintain insurance in the following minimum amounts during the entire performance of his/her duties: Comprehensive Auto Liability Insurance on all vehicles used in connection with the contract whether owned, non-owned, or hired; limits for bodily injury or death of not less than $50,000 for each person and $100,000 for each occurrence; property damage limit of $20,000 for each occurrence. Contractor shall furnish to the Airport on request certificates of insurance evidencing such insurance coverage. Insurance is to include a 30-day cancellation clause. VI. SOCIAL SECURITY AND OTHER TAXES Contractor assumes full responsibility for the payment of all taxes (including but not limited to use, sales, and income taxes), fees, licenses, excises, or other payments required by any City, Federal, or State legislation which had been enacted or will be enacted during the term of the contract. The Contractor must also meet the requirements of all rules or regulations that have been or may be promulgated in connection with the Project under contract. VII. DAMAGE CLAIMS Contractor shall indemnify and hold the Airport harmless from and against all claims for any and all damage, including but not limited to claims for damage to property or claims of misrepresentation in negotiations, due to negligence of the Contractor, including attorneys' fees and costs and expenses. if any. VIII. NON-DISCRIMINATION Title VI Assurances: During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 159/014084-0112/3137996.1 a01/30/98 -4- i • A. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solichations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Airport or the Federal Aviation Achninistration to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Airport or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Airport shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to - (1) Withholding of payments to the contractor under the contract until the contractor complies, and/or, (2) Cancellation, termination, or suspension of the contract, in whole or in part. F. Incorporation of Provisions. The contractor shall include the provisions of paragraphs A through E in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued 159/014084-0112/3137996 1 .01/30/98 -5- pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Airport or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. However, in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Airport to enter into such litigation to protect the interests of the Airport and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. IX. TERMINATION OF THE CONTRACT A. The Airport may terminate this contract at any time and for any reason whatsoever by notifying Contractor seven (7) days in advance of termination in writing by certified mail of its intention to do so. In the event of such termination, the Airport shall be obligated to reimburse Contractor for services performed and expenses incurred to date of termination at the rates set forth under Article IV herein, less prior interim payments, if any. Upon payment of such sums, the Airport shall be discharged from all liability to the Contractor hereunder and this contract shall be considered terminated. This contract shall terminate upon determination by Airport that all reasonable efforts have been made to acquire the applicable properties by way of negotiated acquisition must be abandoned or pursued by way of eminent domain, unless extended in writing by mutual agreement between the parties hereto. B. Upon termination of contract under Paragraph A above, all documents, records, and file materials shall be turned over to the Airport by the Contractor. C. All services to be rendered under this contract shall be subject to the direction and approval of the Federal Aviation Administration. X. ASSIGNMENT OF CONTRACT Contractor's rights and obligations under this contract shall not be assigned. XI. SOLICITATION WARRANT Contractor warrants that he/she has not employed or retained any company, firm, or person, other than a bona fide employee working solely for him/her, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company, firm, or person, other that a bona fide employee working solely for him/her, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of this agreement. For breach or violating of this warranty, the Airport shall have the right to annul this agreement without liability. 159/014084-0112/3137996.1 a01/30198 -6- XII. INDEPENDENT CONTRACTOR Contractor shall at all times be an independent contractor and not an employee of the Airport, and shall not be entitled to compensation or benefits of any kind except as specifically provided for herein. XIII. CONTENT AND UNDERSTANDING This contract contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement, or negotiation, whether oral or written, not set forth herein, or in written amendments hereto duly executed by both parties. XIV. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES A. Policy. It is the policy of the Department of Transportation (DOT) that DBE business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate: in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. B. DBE Obligation. The contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT-assisted contracts. XV. MISCELLANEOUS PROVISIONS. A. 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. B. 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. 159/014084-0112/3137996.1 a01/30/98 -7- C. 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 Director of Transportation, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person designated on the execution page of this Agreement. D. 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. E. 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. F. 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 parry of the basic benefit of their bargain or renders this Agreement meaningless. G. 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. H. Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party 10 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. I. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, 1591014084-0112/3137996 1 a01/30/98 -8- (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: CITY OF PALM SPRINGS, a municipal corporation City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Atiorriey CONTRACTOR: OVERLAND RESOURCES, ,Itl C-" By: -:/ e: �9 �,Y►sT�2i�NU itle: MD By: Name: Title: 159/014094-0112/3137996.1 a01/30/98 -9- roject Fees: The following fees relate to the Scope of Work presented herein. The following fees are based on award of both phases of the project. Note, the UP identified 11 acquisition parcels. As discussed earlier, due to common ownerships, we count the I identified parcels as 7. We count a total of 7 relocation cases but the actual count can only be determined after initial interviews with the displacees. APN OWNER USE/TE' NANTS SERVICES FEE 1. 501-355-001 Miller,Ronald R. Owner occupied SFR Acquis. $1,400 501-355-002 w/2 contiguous R-1 zoned lots Relo(1) $1,400 501-355-003 2. 501-355-005 McMurtry,John H. Tenant-occupied SFR Acquis. $1,400 Relo(1) $1,400 J. 501-354-008 Dawood,Mohamed T. R-llot Acquis. $1,100 4. 680-072-012 Sungold Development 3 contiguous R-2 lots Acquis. $1,100 680-072-009 680-072-005 5. 680-072-006 Rodriguez,Hector 4 plex Acquis. $1,600 Relo(4) $5,600 6. 680-073-006 Macias, Karen Owner occupied SFR Acquis. $1,400 Relo (1) $1,400 7. 680-073-005 Fontes,Augustine R-1 lot Acquis. $1,100 TOTAL ACQUISITION PHASE I $5,000 TOTAL RELOCATION PHASE 1 $2,800 Subtotal $7,800 TOTAL ACQUISITION PHASE II(shaded) $4,100 TOTAL RELOCATION PHASE II(shaded) $7,000 Subtotal $11,100 TOTAL BOTH PHASES $18,900 Acquisition Services Fees do not include Relocation Services Fees do not include. I Travel ant of tine region 1. Overerovvded dwelling units 2 Fees for title reports, esermg reco veyances, 2. Post initiation of negonation tenants demands,etc. 3 Families with more than 6persons 3 Attendance at City Council meetings ar public 4. Hostile tenants with the potentialfor violence vvo%siiop meetings 5. Relocation tracing 4 Extended negotiations at coordination beyond 25 6 Public and/or comnunuty meetings hours pe parcel 7 Unusual initiations requiring more than 27 hours of 5 Prepa�atiou/Negotiation of Lost Rent Agreeonents staff tune per case • Overall Acquisition and Relocation Project Management Includes compliance review of FAA procedures, coordination with real estate appraisers, consultants, title and escrow company, City Attorney, etc. Also includes initial coordination with City Attorney on offer package format, agreement format, deed format, status memorandtum format, etc. Estimate based on 20% of case rate: $3,775 Reimbursable Expenses Preliminary Title Reports (7 @ $575 each) $4,025 Estimate of mileage and courier charges $500 TOTAL BUDGET $27.200 Mileage will be invoiced at$0.31 per mile. The fine considers photocopying,postage,telephone,FAX, and cellular comtuunications charges as a normal part of doing business and,as such,will not be billed to our clients. Out-of-pocket expenses(requested overnight courier charges,blueprinting and reproduction)will be invoiced at cost plus 15%to cover administration,coordination, and handling. Subcontracted services(other than those listed above)will be invoiced at cost plus 15%. C RD_' CERTIFICA OF LIABILITY INSU C�VERL-SR JM DATE(MM/D1 06/10/9/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AEGIS Corporation HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 18550 W. Capitol Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brookfield WI 53045 COMPANIES AFFORDING COVERAGE AEGIS Corporation COMPANY phano No. 800-236-6885 Faz No.414-781-7743 A American Motorists Co./EEMPER INSURED COMPANY B COMPANY q Overland Resources, Inc. C 1��1� G - 1 25255 Cabot Rd Ste 218 COMPANY Laguna Hills CA 92653-5508 p -,,.,,�� COVERAGES THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDM) DATE(MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $2000000 A X COMMERCIAL GENERAL LIABILITY 7JW 494 007-00 05/07/98 05/07/99 PRODUCTS-COMP/OP AGG $2000000 CLAIMS MADE �X OCCUR PERSONAL&ADV INJURY $ 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 51000000 FIRE DAMAGE(Any one fire) $ 100000 MED EXP(Any one Person) $ 10000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 A ANY AUTO 7JW 494 007-00 05/07/98 05/07/99 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person.)) }( HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TO R L Y LITMIiS OTHER- EMPLOYERS'LIABILITY TO EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S OTHER A Employee 7JW 494 007-00 05/07/98 05/07/99 $10000 Dishonesty DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Certificate Holder is Additional Insured A.T.I.M.A -Policy #70W 494 007-00. CERTIFICATE HOLDER CANCELLATION PPS,MSP1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Palm Springs BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 2743 Palm Springs CA 92263 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AEGIS Corporati 'J_ ACORD 25-S(1/95) — ©AdORD CORPORATION 1988 • i .P.T10 ,t TF.9y � 5 WE* . ISSUE DATE: G/12/98 AEGIS CORPORATION THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIIE CERTIFICATE HOLDER: THIS CERTIFICATE DOES NOT 18550 W. CAPITOL DRIVE AMEND,EXTEND OR ALTER THE COIERAGCAFFORDED BY THEPOLICIES BELOW. BROOKFIELD, WISCONSIN 53045 Teleptlone: (414) 781 7020 Facsimile: (414) 781-7743 COMPANIES AFFORDING COVERAGE INSURED: OVerland Resources Tic 25255 Cabot Rd., Ste 21S Laguna Trills, CA 92653 COMPANY LETTER A SCOTTSDALE INSURANCE COMPANY COVERAGES THIS is TO CERTIFY THAT THE POLICIES OF INSURANCE LIS9TiP BLOW HAVE BEEN I$SUEP TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTwiTHSTANDING ANY REQUIREMENT,TERM OR CONDITION DE ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY T14F POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS RXQLU$IDNS AND CONDITIONS OF SUCH POLICIES,LIMITS S14OWN MAY HAVE BEEN RBDUc8b BY PAID CLAIMS, CO. TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A RIGHT OF WAY PROFESSIONAL RWS 05/07/98 05/07/99 EACH CLAIM $1,000,000 LIABILITY 0000010 ANNUALAGGREGATE $1,000,000 CERTIFICATE HOLDER: City of Palm Springs CANCELLATION P.O. Box 2743 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE Palm Springs, CA 92263 THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL N DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO AUTHO ZED REPRItA ATIVE THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SFIALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS ,.� OR REPRESENTATIVES. Secrettay � Right of Way Risk Purchasing Group, LTD. ACORo CERTIFICATE OF LIABILITY INSURANCEOPID Dal (MM/DDm) RLAl 11/08/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johnson & Wood Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 5731 Palmer Way, Suite D ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.', Carlsbad CA 92008 Phone: 760-603-0131 Fax:760-603-8135 I INSURERS AFFORDING COVERAGE INSURED INsuRERa American Equity Ins Co INSURER Sa£eco/American States Ins Overland Resources, Inc. I, INSURERC Century Surety Co _ 24422 Ave. de 1a Carlota ##275 Laguna Hills CA 92653 ' INSURER D. Republic Indemnity Of America — INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMEHT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IAAY 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' TYPF,OF INSURANCE POLICVNUMBER POLICYEFFECTIVE POLICYEXPIRATION LTR DATE MM/DDM DATE MM/DDm LIMITS GENERAL LIABILITY EACH OCCURRENCE I S 1,000,000 C I COMMERCIALGENER�ALLIABILITY CCP236545 10/29/02 10/29/03 FIRE DAMAGE(Any one fve) S50,CC IL CLAIMS MADE h OCCUR MED EXP fAry nne S 1 000 PERSONAL&ADV INJURY S I,ODD,DOD GENERAL AGGREGATE S2,000,000 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGE S1,000,000 POLICY PEA n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT II1,000,000 B X ANY AUTO OICE97962620 10/29/02 10/29/03 IEa accldenl) ALL OWNED AUTOS BODILY INJURY ��i (Per Person) S sCHECULEDAUTOS HIRED AUTOS BODILYcitlenINJURY S {; NON-OWNEDAUFOS IPer acq PROPERTY DAMAGE `--1 ------ (Per accident) S r GARAGE LIABILITY j AUTO ONLY-EA ACCIDENT S EA ADD S ANY AUTO O THER THAN AUTO ONLY yGG S �EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F CLAIMS MADE III AGGREGATE S S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND X TORY LIMITS I ER EMPLOYERS'LIABILITY D 14475105 10/29/02 10/29/03 E L.EACH ACCIDENT S 1,000,000 i- — - -- - — - -- - ----- -- ---- - - - - - -=0 FA,P'---IRFI c , nrn nna nlcrn SE _ _ - _ E L DISEASE POLICY LIMIT S1,OOO,COG OTHER A Prof Liability E0813383 III 10/29/02 10/29/03 EA Claim $1000000/2M B IIEm to ee Dishonsty 010E97962620 $250,000 10/29/02 10/29/03 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: MID VALLEY PARKWAY LAND ACQ. A3977 AND AIRPORT ACQUISITION & RELOCATION SERVICES A3912. CERTIFICATE HOLDER N I ADDITIONAL INSURED,INSURER LETTER:_ CANCELLATION CITYPAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL I 9+D MAIL 0 DAYS WRITTEN City Of Palm Springs NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,MNYNIXN(,CrHt fi+YRTb ATTN: Patricia Sanders R PO Box 2743 Palm Springs CA 92263-2743 AUT ED PRE NTA IVE ACORD 25-5 (7197) ©ACORD CORPORATION 1988