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HomeMy WebLinkAboutA8786 - PROFESSIONAL SERVICES AGREEMENT WITH NORTH WIND RESOUCE CONSULTING, LLC FOR LAS PALMAS LIQUOR STORE BUILDING AT 1595 N. PALM CANYON CONSULTING SERVICES AGREEMENT Historic Resource Report—Las Palmas Liquors THIS AGPIEEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on F19 , 20Egby and between the City of Pahn Springs, a California charter city and municipal coiporation ("CiW), and North Wind Resource Consulting, LLC, a historic resource consulting fum, ("Consultant"). City and Consultant are individually referred to as"Party"and are collectively referred to as the"Parties". RECITALS A. City requires the services of a historic resource consulting firm, for development of a historic resources report and determination of eligibility ("DOE") on `•`The Las Palmas Liquor Store Building" located at 1595, North Palm Canyon Drive in Palm Springs, California, ("Project"). B. Consultant has submitted to Ciy a proposal to provide professional services for production of a Historic resources report which will include a determination of eligibility on the Project,to City under the terms of this Agreement. C. Based on, its experience, education, training, and, reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services.. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional services to.City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" -and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Wotk and the terms set forth in this Agreement, the terms set forth in this Agreement, as negotiated, shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations. 1.3 Licenses and Permits. Consultant 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. ] Revised:1131118 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 1.5 Standard of Care. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by the City are specifically objected to and rejected. 1.6 Access. City shall provide Consultant safe access to any and all premises necessary for Consultant to provide the Services contemplated under the Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed$6,267. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including,but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily fumished in accordance with generally accepted practice in Consultant's profession. 2 Revised:1/31118 720599.1 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE'SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of six (6) months, commencing on March 1, 2020, and ending on September 30, 2020, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as maybe determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Courtney Mooney, AICP),Senior Historic Preservation Planner/ Architectural Historian. It is expressly understood that the experience,knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for- City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 3 Revised:1/31118 720599.1 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant 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. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Courtney Mooney, AICP Sr. Historic Preservation Planner/Architectural Historian Greta Rayle, M.A., RPA Architectural Historian/Archaeologist Kasey Fulwood, M.A. Historian 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached.Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 4 Revised:1131118 720599.1 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost.and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state,, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design .Professional Service's Indemnification. and Reimbursement. If the Agreement is deteiinined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required,,(individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or sub-Consultants, or arise from Consultant's negligent, reckless or willful perfonmance of or failure to perform any tern, provision, covenant or condition of this Agreement ("Indemnified Claims'), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work'required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 5 Revised:1131/18 720599.1 7.3 Limitations of liability. No employee or agent of Consultant shall have the individual liability to City. City agrees that, to the fullest extent permitted by law, Consultant's total liability to City for any and all injuries, claims, losses, expenses or damages whatsoever arising out of, or in any wal related to, the Project or this Agreement from any causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by Consultant under applicable Task Order that gives rise to such liability under.this Agreement. If City desires a limit of liability greater than that provided above, City and Consultant shall mutually agree in writing as to the amount of such limit and the additional compensation to be paid to Consultant for assumption of such additional risk. In no event and under no circumstances shall Consultant be liable to City for Consequential, incidental, indirect, special or punitive damages. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Acceptance. City shall accept Deliverables purchased hereunder within thirty (30) days after delivery unless City provides a detailed, written rejection notice to Consultant during such acceptance period. If such reject notice is not received within the thirty (30) day acceptance period, Deliverables will be deemed accepted. 8.3 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate.the performance of such services. Subject to mutual agreement of the Parties to this Agreement, the Contract Officer may have access to such books and records at all reasonable times, with reasonable advance notice. 8.4 Ownership of Documents. All Reports which may contain drawings, specifications, reports, records, documents, and other materials delivered as a formal deliverable by Consultant in the performance of this. Agreement ("Deliverable") shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.5 Release of Documents. All drawings, specifications, reports, records, documents, and other materials incorporated into a Deliverable by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 6 Revised:1131118 720599.1 8.6 Cost.Records. Consultant shall maintain all books, documents,papers, employee time sheets,accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Subject to mutual agreement of the Parties to this Agreement, Consultant shall make such materials available at its offices at all reasonable times with reasonable advance notice during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning .any dispute, claim, or matter arising out of or'in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.. Accordingly,any rule of construction of contracts (including,.without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only.and shall not be deemed to limit,'expand, or define the contents of the respective sections.or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting parry on any default shall impair such right or remedy.or be construed as a waiver. No consent or approval of City shall be deemed to waive or"render unnecessary"City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 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. 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 parry. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND.EMPLOYEES: NON-DISCRINIINATION 10.1 Non-Liability of City.Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any 7 Revised:1/31118 720599.1 default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the tern of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 rCovenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin.(i.e.,place of origin,immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability;or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants.are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that 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 pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. $ Revised:1131/18 720599.1 To City: City of Palm Springs Attention: City Manager/City Clerk 3200E. Tahquitz Canyon Way Pahn Springs, California 92262 To Consultant: North Wind Resource Consulting, LLC 1425 Higham Street Idaho Falls, ID 83402 Attn: Jace Fahnestock, PhD,President 208-557-7887 11.2`-Integrated Agreement:, This Agreement contains all of the agreements of the parties and supersedes all'other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Confidentiality.' The parties existing Non-Disclosure Agreement ("I)X) shall apply to this Agreement and resulting work performed hereunder. The Parties agree that the disclosure period of such NDA shall be automatically extended to cover and and all work performed hereunder. 11.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law: 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 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 shall be interpreted to carry out the intent of the parties. 11.6 Successors in. Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors-and assignees. 11.7 Third .Party Beneficiary. , Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring,.any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.8 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same.". 9. Revised:1131118 720599.1 11.9 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 11.10 Choice of Law. This Agreement shall be governed by the law of the State of California and venue shall be Riverside, CA. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 6"�,I&M By:—. David H. Ready,PhD City Manager ' APPROVED AS TO FORM: ATTEST By: By: in - fre S. Ballin •, thony ej a City Attorney City Clerk "CONSULTANT" North Wind Resource Consulting, LLC Date: Z�la f•?�o� TrT BY J a meat c,PhD,President (print na Date: 7--/9'9-GZD ' ra r st,- reasurer/Secretary PROVED BY CITY MANAGER f l�r;/�✓Q� o rint nade) / Y 10 Revised:1131/18 720599.1 CALIFORNIA Au-PURPOSE ACKNOWiEDGMEtR' CmLCODE§778a A notary pubic or other ofcer;cargkmg itch omti'icits vafm mfj the idenmy of the it dv5dtul wto signed the dooanerdtowhich tincaNkate In caattted and not tie vtbkftss,accur t orva5dayoftcddoamar[. State o(srtia151 l"JDYI(��11� .^ly ) On before - Oste .l _ ,,tailNzmo d-L of theOtficr �peerkall,.appeared b TooikyW -5� Namara)of signar(a)fG� Tr6t�. who proved to me on'thci ba2b of-aaticlaclary evidence to be,the perawt(a)whose rtsrrte(a) ialore au6ccribed to the vaWm matrwnerit and aeim Wedged to me that hefabalthey executed the came In her/her/tmiravthorized capacity(=),and that by hiafttan'ttetr aignafure(a)anttue inatrumeit tha pemon(a). or the entity upon behalf of%Wch the peman(a)acted.executed the inabumertt „p\\\IttIDNIR ., I certify wider PENALTY OF PERJURY ender lhe,lavnn ,r`�p ... ......t�,�y� tin wBmrta ard� Cardomat�the finee eP ah a��. �pTAR Y `�t uvm ass my and ofrc al y�/�a/l PUBI-X e? � � S' olNohvyPu t�i •Cohen.No.S Pdsce Notary Se�lAboos OPf70NAL Though ids section is optional,completing ffm frdonruabbn can deteridteration of the document or fraudulent m tachinert of flda farm to uvu uninfahaled doetenent Description of Attached Doetunent Site or Type of Dccuentetb - Document.Datc Number of Pagez: -Signer(a)Other Than Named Above: Capoctly(ea)Claimed by Signar(s) Sigrier'a Name: SigneroName: ❑Corporate Officer—Tdle(z):. . . - - ❑Corporate Officer=True(--): ❑Partner— O Limited ❑General 0 Partner— O Limited ❑General ❑Individual ❑Attomay,ai_Fact ❑Individual ❑Attomey.in Fad ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Gumrtanor Comarmsdor ❑Other.. - ❑Other. . Signer In Repracenting: Signer In Reprecetding: -®2pf4 National NotaryAcc oeL ion•w Nnti raNal y.«g-74WO-US NOTARY(1-eOD-876 1827) tam asm ]) Revised:1/31/18 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees ' And a Schedule ofPerfomance ^Iqi Y 151755iVtlt•' 12 Revised:1/31/18 720599.1 N 0 64-ONWI N 0 RESOURCE CONSULTINS December 19,2019 Ken Lyon, RA Associate City Planner Historic Preservation Officer City of Palm Springs Department of Planning Services 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Re: Las Palmas Liquor& Food Store, 1595 North Palm Canyon Drive,City of Palm Springs, Riverside County, California Dear Mr. Lyon: Per your request, North Wind Resource Consulting, LLC(North Wind) has prepared a revised fee and project timeline to complete a Historic Resource Report and local Determination of Eligibility(DOE)for the Las Palmas Liquor&Food Store(LPLFS).Thank you for allowing us this opportunity as our team are very excited at the possibility of working in Palm Springs. Please don't hesitate to contact me at(702)858-3885 or email at Courtney.mooney@northwingdgrp.com if you have any questions or need additional information. Respectfully submitted, Axv�-- Courtney Mooney, AICP Senior Historic Preservation Planner/Architectural Historian NORTI=IWIN© RESOURCE CONSULTING REVISED PRICE QUOTE NWRC's lump sum fee for this project is$6,267.A breakdown of the fee by task is included below.The fee for each task includes all direct expenses as well as costs associated with permission to use copyrighted materials agreements; historic photograph reproduction fees;and general photocopying of archival materials(as applicable).All invoices will be prepared according to contract requirements. Revised Budget Cost Task 1. Post-Award Meeting $ 233 Task 2.Archival Research $ 2,664 Task3. Field Documentation $ 152 Task 4. Preparation &Submission of the Draft DOE $ 2,280 Task 5. Preparation &Submission of the Final DOE $ 938 Total Cost $6,267 REVISED SCHEDULE/TIMELINE OF DELIVERABLES NWRC is available to commence work immediately upon receiving notice to proceed from the City. NWRC understands that the schedule presented below is preliminary and that the final project schedule will ultimately be determined by the HPO. Task Expected Timeframe Estimated Completion Date Task 1: Post-Award Teleconferencea One working day February 1, 2020 Task 2: Archival Research Five working days February 7, 2020 Task 3: Field Documentation One working day February 7, 2020 Task 4: Preparation of the Draft DOE Thirty working days March 23, 2020 Internal QC/Revisions One working day March 24,2020 Submission of the Draft.DOE One working day March 25,2020 Task 5: Revisions to the Revised Draft DOE based Five working days April 8,2020 on City staff comments" Internal QC/Revisions Three working days April 13,2020 Submission of the Final DOE One working day April 14,2020 a Assumes NTP of February 1,2020. Dependent on City review time. For scheduling purposes, NWRC assumes a one-week review time. EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 13 Revised;1131/78 720599.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the tern of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees,agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum. Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required X is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 14 Revised:1131118 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions,Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made'professional liability insurance, Consultant shall also agree in writing either(1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and,endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work•commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors ,and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs; its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No._" or 'for ally and all workperformed with the City"maybe included in this statement). 2.' "77tis insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City" may be inciuded in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the -issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure.to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. I$ _ Revised:1/31118 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of .Interests fSeuaration of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 16 Revised:1/31/18 720599.1 Client#: 574413 48S-d9'A ?-7jr4 COOKINLET8 A_k 33 ACURD. CERTIFICATE OF LIABILITY INSURANCE DADIYYYY) s/2n7/207nozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder t t ADDITIONAL INSURED, the a policy, must have ADDITIONAL INSURED provisions or b eendorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh 8 McLennan Agency LLC 1031 West 4th Avenue RECEIVED Suite 400 NCOWAME:AC Jamie Esquivel aONNo En:807276-5617 907276.6292 Ate'"° 'a L ADDRESS: jamie.esquivel@marshmma.com mSURER(S)AFFORDINGCOVERAGE NAIC• Anchorage, AK 99501 JUL 19 2022 INSURER A: Evanston Insurance Company 35378 INSURED North Wind Resource Consu(cFlff e City Clerk Idaho IdahHigham Streeto Falls, ID 83402 INSURER B: Navigators Specialty Insurance Company 36056 INSURER C: American Zurich Insurance Company 40142 INSURER D: Zurich American Insurance Company 16535 INSURER_E: INSURER F: 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE -INSR ADD[ B WVD POLICY NUMBER POLICY EFF MMIDD PO EX], M LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EXOCCURPREMISES MKLVSENV103641 0710112022 07/01/202 $1 000000 UEgACCHHlOECCCURRENCE haREoeNa mrrce s300 OOO X SIR: $1 00k Each MEDEXP onepera°n) s5000 Occurrence PERSONAL SADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY GENERAL AGGREGATE s2,000000 PRODUCTS -cometoP AGG 52,000000 ECTT LOC OTHER $ D AUTOMOBILE LIABILITY BAP011748807 D 7/01/2022 07/01/202 COMBINED SINGLE LIMIT $11,000,000 X ANY AUTO BODILY INJURY(Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS $ BODILY INJURY (Per amMenl) HIREDED NED ONLY AUTOS NLY AUTOS ONLY S PROPERTY DAMAGE Par acciderd S B UMBRELLALIAS X OCCUR LA22FXS7539761C 7/01/2022 07/01/202 EACH OCCURRENCE s5000000 X EXCESS LU1B CLAIMS -MADE AGGREGATE $S OOO OOO DED RETENTION $ C ANDEMPS YERS'LSATION WORKERYIN AND EMPLOYERS' LIAEd WC011748707 7/01/2022 07/01/202 X PER oTH- OFFICER%MEMBER EXCLUDED? ECUTIVE� N/A E.L. EACH ACCIDENT 51000000 (Mandatory In NH) If yes, describe under $1 OOOOOO E.L DISEASE-EAEMPLOYEE E.L. DISEASE-POUCYII 51Daum DESCRIPTIONOF OPERATIONS below A Contractors MKLV5ENV103644 710112022; 07/011202 ,An, _ Ea. Cnd/Clm: $1,000,000 Pollution / Shared Agg.: $2,000,000 Professional Liab I PL - Claims Made SIR Ea. Cond.: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Professional Services Agreement I Description: On -Call Architectural Historian Services. Subject to said policy limits, terms, and exclusions. Where required by written contract, Certificate Holder is an Additional Insured on the General Liability and Auto Liability policies, subject to the terms, conditions and limitations of said policies and the additional insured endorsement. Where required by written contract, Waiver of Subrogation in favor of Certificate Holder applies to referenced policies subject to (See Attached Descriptions) City of Palm Springs Attn: City Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &S&A ?L ACORD 25 (2016/03) 1 of 2 #S11009195/M11008468 W /Vdn-ZUiD ACUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WATYC DESCRIPTIONS (Continued from Page 1) the terms, conditions and limitations of said policies and the Waiver of Subrogation endorsement. It is further agreed that, where required by written contract, the General Liability and Auto Liability insurance as is afforded the Certificate Holder shall be primary and non contributory with any other insurance in force for or which may be purchased by the Certificate Holder. #511009195/M11008468 A " ADDITIONAL REMARKS SCHEDULE AGENCY Marsh & McLennan Agency LLC CARRIER NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED North Wind Resource Consulting, LLC EFFECTIVE DATE: Page 2 of 2 This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 574413 COOKINLETB ACORD,., CERTIFICATE OF LIABILITY INSURANCE EATE(MMIDDNYYY) F s/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 1031 West 4th Avenue RECEIVED Suite 400 kWEiItcT Jamie Esquivel PHONE FM (Aft-MALe.Ear: 907276-5617 Ax: xe. 907276.6292 ADDRESS: lamie.esquivel@marshmma.com INSURER(S) AFFORDING COVERAGE NAICi Anchorage, AK 99501 _ 1 9 zozz INSURER A: Evanston Insurance Company 35378 INSURED North Wind Resource ConsMM fy* 4%e City Clerk IdahHigham Street Idaho Falls, ID 83402 INSURER B: Navigators Specialty Insurance Company 136056 INSURE- American ZuHch Insurance Company 40142 Zurich American Insurance Company INsuRERD: p y 116535 INSURER E : INSURER F : COVERAGES GERiiF2;A1ENUMBER 2u27.23GAFW RMASICu wrueve. 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 CONTRACTOR 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR A _ TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MMIDD/YYYY),(MMIDD 07101112022 07/01/2023 LIMITS _X_ COMMERCIAL GENERALLIABILRY CWMS-MADE OCCUR X SIR: $1 00k Each MKLVSENV103641 $1 000000 pEgACCH�OECCURRENCE PREMISES EaEacc�unenw s3OO OOO MEDE)(P(My oneperson) $5000 Occurrence PERSONAL& ADV INJURY $1,000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET LOC GENERAL AGGREGATE s2,000000 PRODUCTS-COMP/OP AGG 12,000,000 OTHER: s D AUTOI'M LIASILRY X ANY AUTO OWNED SCHEDULED AUTOS ONLY �_ AUTOS HIRED NON-0WNEO AUTOS ONLY AUTOS ONLY BAP011748807 D7/01/2022 07/01/2023 Ea�Q �t SINGLE LIMB 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY(Par aWdenO s PROPERTY DAMAGE PeraWtlard s s g UMBRELLA LIAR X, EXCESS LIAR X OCCUR CLAIMS4MADE LA22FXS7539761C 7/01/2022 ' 07/01/202 EACH OCCURRENCE s5 000 000 AGGREGATE s5,000,000 DED RETENTIONS s C WORKER S NATION ANDEMPOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTNE YIN OFFICEWMEMBER EXCLUDED? FN (Mandatory If yes, desgibe under nd DESCRIPTION OF OPERATIONS below N/A WC011748707 7/01/2022 07/01/202 X PER °TN- E.L. EACH ACCIDENT S1 OOO OOO E.L DISEASE - EA EMPLOYEE $1 O00000 E.LDISEASE- POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Consulting Services Agreement I Description: Historic Resource Report - Las Palmas Liquors. Subject to said policy limits, terms, and exclusions. Where required by written contract, Certificate Holder is an Additional Insured on the General Liability and Auto Liability policies, subject to the terms, conditions and limitations Of said policies and the additional insured endorsement. Where required by written contract, Waiver of Subrogation in favor of Certificate Holder applies to referenced policies subject to the (See Attached Descriptions) City of Palm Springs Attn: City Manager / City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED (((R''���'EPRESENTATIVE i VW ACORD 25 (2016/03) 1 of 2 #S11008885/M11007729 0 11933-205 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WATYC DESCRIPTIONS (Continued from Page 1) terms, conditions and limitations of said policies and the Waiver of Subrogation endorsement. It is further agreed that, where required by written contract, the General Liability and Auto Liability insurance as is afforded the Certificate Holder shall be primary and non contributory with any other insurance in force for or which may be purchased by the Certificate Holder. SAGITTA 25.3 (2016103) 2 Of #S110088851M11007729 AADDITIONAL REMARKS SCHEDULE AGENCY Marsh & McLennan Agency LLC CARRIER NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED North Wind Resource Consulting, LLC EFFECTIVE DATE: D.n.2 -; 2 This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 574413 48S-d9'A ?-7jr4 COOKINLET8 A_k 33 ACURD. CERTIFICATE OF LIABILITY INSURANCE DADIYYYY) s/2n7/207nozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder t t ADDITIONAL INSURED, the a policy, must have ADDITIONAL INSURED provisions or b eendorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh 8 McLennan Agency LLC 1031 West 4th Avenue RECEIVED Suite 400 NCOWAME:AC Jamie Esquivel aONNo En:807276-5617 907276.6292 Ate'"° 'a L ADDRESS: jamie.esquivel@marshmma.com mSURER(S)AFFORDINGCOVERAGE NAIC• Anchorage, AK 99501 JUL 19 2022 INSURER A: Evanston Insurance Company 35378 INSURED North Wind Resource Consu(cFlff e City Clerk Idaho IdahHigham Streeto Falls, ID 83402 INSURER B: Navigators Specialty Insurance Company 36056 INSURER C: American Zurich Insurance Company 40142 INSURER D: Zurich American Insurance Company 16535 INSURER_E: INSURER F: 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE -INSR ADD[ B WVD POLICY NUMBER POLICY EFF MMIDD PO EX], M LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EXOCCURPREMISES MKLVSENV103641 0710112022 07/01/202 $1 000000 UEgACCHHlOECCCURRENCE haREoeNa mrrce s300 OOO X SIR: $1 00k Each MEDEXP onepera°n) s5000 Occurrence PERSONAL SADVINJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROPOLICY GENERAL AGGREGATE s2,000000 PRODUCTS -cometoP AGG 52,000000 ECTT LOC OTHER $ D AUTOMOBILE LIABILITY BAP011748807 D 7/01/2022 07/01/202 COMBINED SINGLE LIMIT $11,000,000 X ANY AUTO BODILY INJURY(Perperson) S OWNED SCHEDULED AUTOS ONLY AUTOS $ BODILY INJURY (Per amMenl) HIREDED NED ONLY AUTOS NLY AUTOS ONLY S PROPERTY DAMAGE Par acciderd S B UMBRELLALIAS X OCCUR LA22FXS7539761C 7/01/2022 07/01/202 EACH OCCURRENCE s5000000 X EXCESS LU1B CLAIMS -MADE AGGREGATE $S OOO OOO DED RETENTION $ C ANDEMPS YERS'LSATION WORKERYIN AND EMPLOYERS' LIAEd WC011748707 7/01/2022 07/01/202 X PER oTH- OFFICER%MEMBER EXCLUDED? ECUTIVE� N/A E.L. EACH ACCIDENT 51000000 (Mandatory In NH) If yes, describe under $1 OOOOOO E.L DISEASE-EAEMPLOYEE E.L. DISEASE-POUCYII 51Daum DESCRIPTIONOF OPERATIONS below A Contractors MKLV5ENV103644 710112022; 07/011202 ,An, _ Ea. Cnd/Clm: $1,000,000 Pollution / Shared Agg.: $2,000,000 Professional Liab I PL - Claims Made SIR Ea. Cond.: $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Professional Services Agreement I Description: On -Call Architectural Historian Services. Subject to said policy limits, terms, and exclusions. Where required by written contract, Certificate Holder is an Additional Insured on the General Liability and Auto Liability policies, subject to the terms, conditions and limitations of said policies and the additional insured endorsement. Where required by written contract, Waiver of Subrogation in favor of Certificate Holder applies to referenced policies subject to (See Attached Descriptions) City of Palm Springs Attn: City Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &S&A ?L ACORD 25 (2016/03) 1 of 2 #S11009195/M11008468 W /Vdn-ZUiD ACUKU CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WATYC DESCRIPTIONS (Continued from Page 1) the terms, conditions and limitations of said policies and the Waiver of Subrogation endorsement. It is further agreed that, where required by written contract, the General Liability and Auto Liability insurance as is afforded the Certificate Holder shall be primary and non contributory with any other insurance in force for or which may be purchased by the Certificate Holder. #511009195/M11008468 A " ADDITIONAL REMARKS SCHEDULE AGENCY Marsh & McLennan Agency LLC CARRIER NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED North Wind Resource Consulting, LLC EFFECTIVE DATE: Page 2 of 2 This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 574413 COOKINLETB ACORD,., CERTIFICATE OF LIABILITY INSURANCE EATE(MMIDDNYYY) F s/27/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliey(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 1031 West 4th Avenue RECEIVED Suite 400 kWEiItcT Jamie Esquivel PHONE FM (Aft-MALe.Ear: 907276-5617 Ax: xe. 907276.6292 ADDRESS: lamie.esquivel@marshmma.com INSURER(S) AFFORDING COVERAGE NAICi Anchorage, AK 99501 _ 1 9 zozz INSURER A: Evanston Insurance Company 35378 INSURED North Wind Resource ConsMM fy* 4%e City Clerk IdahHigham Street Idaho Falls, ID 83402 INSURER B: Navigators Specialty Insurance Company 136056 INSURE- American ZuHch Insurance Company 40142 Zurich American Insurance Company INsuRERD: p y 116535 INSURER E : INSURER F : COVERAGES GERiiF2;A1ENUMBER 2u27.23GAFW RMASICu wrueve. 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 CONTRACTOR 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. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR A _ TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MMIDD/YYYY),(MMIDD 07101112022 07/01/2023 LIMITS _X_ COMMERCIAL GENERALLIABILRY CWMS-MADE OCCUR X SIR: $1 00k Each MKLVSENV103641 $1 000000 pEgACCH�OECCURRENCE PREMISES EaEacc�unenw s3OO OOO MEDE)(P(My oneperson) $5000 Occurrence PERSONAL& ADV INJURY $1,000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JET LOC GENERAL AGGREGATE s2,000000 PRODUCTS-COMP/OP AGG 12,000,000 OTHER: s D AUTOI'M LIASILRY X ANY AUTO OWNED SCHEDULED AUTOS ONLY �_ AUTOS HIRED NON-0WNEO AUTOS ONLY AUTOS ONLY BAP011748807 D7/01/2022 07/01/2023 Ea�Q �t SINGLE LIMB 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY(Par aWdenO s PROPERTY DAMAGE PeraWtlard s s g UMBRELLA LIAR X, EXCESS LIAR X OCCUR CLAIMS4MADE LA22FXS7539761C 7/01/2022 ' 07/01/202 EACH OCCURRENCE s5 000 000 AGGREGATE s5,000,000 DED RETENTIONS s C WORKER S NATION ANDEMPOYERS'LIABILITY ANY PROPRIETOR/PARTNERIEXECUTNE YIN OFFICEWMEMBER EXCLUDED? FN (Mandatory If yes, desgibe under nd DESCRIPTION OF OPERATIONS below N/A WC011748707 7/01/2022 07/01/202 X PER °TN- E.L. EACH ACCIDENT S1 OOO OOO E.L DISEASE - EA EMPLOYEE $1 O00000 E.LDISEASE- POLICY LIMIT $1,000000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Consulting Services Agreement I Description: Historic Resource Report - Las Palmas Liquors. Subject to said policy limits, terms, and exclusions. Where required by written contract, Certificate Holder is an Additional Insured on the General Liability and Auto Liability policies, subject to the terms, conditions and limitations Of said policies and the additional insured endorsement. Where required by written contract, Waiver of Subrogation in favor of Certificate Holder applies to referenced policies subject to the (See Attached Descriptions) City of Palm Springs Attn: City Manager / City Clerk 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED (((R''���'EPRESENTATIVE i VW ACORD 25 (2016/03) 1 of 2 #S11008885/M11007729 0 11933-205 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WATYC DESCRIPTIONS (Continued from Page 1) terms, conditions and limitations of said policies and the Waiver of Subrogation endorsement. It is further agreed that, where required by written contract, the General Liability and Auto Liability insurance as is afforded the Certificate Holder shall be primary and non contributory with any other insurance in force for or which may be purchased by the Certificate Holder. SAGITTA 25.3 (2016103) 2 Of #S110088851M11007729 AADDITIONAL REMARKS SCHEDULE AGENCY Marsh & McLennan Agency LLC CARRIER NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED North Wind Resource Consulting, LLC EFFECTIVE DATE: D.n.2 -; 2 This is evidence of insurance procured and developed under the Alaska Surplus Lines Law, AS 21.34. It is not covered by the Alaska Insurance Guaranty Association Act, AS 21.80. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD