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Home My WebLink AboutA7071 - RIOS CLEMENTI HALE STUDIOS - CP# 15-07CONTRACT ABSTRACT 2 Originals: Amendment No. 3; 1 Original: Insurance Contract Company Name: Rios Clemente Hale Studios Company Contact: Nate Cormier, Managing Studio Director Summary of Services: CP 15-07, Downtown Palm Springs Park Contract Price: $1,277,054.00 (including this A#3 for $30,000.00) ✓ Funding Source: 2603080-80000 Contract Term: January 16, 2023 Contract Administration Lead Department: Development Services - Engineering Division Contract Administrator: Joel Montalvo Contract Approvals Council Approval Date: September 3, 2014, Item 2.0. Amendment No. 1: October 3, 2020, Item I .G. Amendment No. 2: December 10, 2020, Item I.Q. Amendment No. 3: June 16, 2022, Item 1.U.2. Agreement Number: A7071 ✓ Contract Compliance Exhibits: On file Signatures: Attached Insurance: Attached Bonds: N/A Contract prepared by: Engineering Division Submitted on: 07/05/2022 By: Vonda Teed M/ S PeiM ° E F< AMENDMENT NO.3 TO THE PROFESSIONAL SERVICES i c AGREEMENT A7071, DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO. 15-07 BETWEEN THE CITY PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS 1. Parties and Date. This Amendment No. 3 to the Professional Services Agreement (A7 71), Downtown Palm Springs Park, City Project No. 15-07 is made and entered into as of this day of 2022, by and between the City of Palm Springs ("City") and Rios Clemente Hale Studios, a California corporation, with its principal place of business at 3101 W. Exposition Place, Los Angeles, CA 90018 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement. Downtown Palm Springs Park, City Project No. 15-07 dated January 16, 2018 ("Agreement' or "Contract") for the purpose of retaining the services of the Consultant to provide professional services to prepare the Schematic Design, Design Development Documents, Construction Documents for bidding related to the Downtown Palm Springs Park, City Project No. 15-07, ("Project'). 2.2 Amendment. The City and Consultant desire to amend the Agreement to provide additional professional landscape architectural and related design services through the extended construction schedule. The Parties have heretofore entered into Amendment No. 1 dated October 3, 2020 and Amendment No. 2 dated December 10, 2020. 2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 1.8 Additional Services and 2.3 Changes in Scope of the Agreement. 3. Terms. 3.1 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows: The Maximum Contract Amount is increased by $30,000 to a new Maximum Contract of $1,277,054. 3.2 Method of Payment. Section 2.2 of the Agreement is hereby amended to read as follows: Page I of 3 Revised: 2.9.22 "Exhibit C" Schedule of Compensation is hereby revised by incorporating the additional fees for professional services outlined in the Consultant's letter dated May 16, 2022, attached hereto and incorporated herein by reference. 3.3 Term. Section 3.4 of the Agreement is hereby amended to read as follows: The City and Consultant desire to amend the Agreement to extend the term of the Agreement from January 16, 2021 to January 16, 2023. 3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3. 3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3. 3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 Revised: 2.9.22 SIGNATURE PAGE TO AMENDMENT NO.3 BY AND BETWEEN THE CITY OF PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONSULTANT: By: �v V ' t iT� y✓�--��. �?tgna .e+ Signature �/�,�-.4 'v,.�i.�r Nui W4 u �c C N (2nd signature requ�iYed for Corporations) el Date: 6 2�. Z'L bate: 6 • Z Of • 72 Z CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 6 16-2Item No. I U APPROVED AS TO FORM: By: ltyey S. Ballinger, ttorney APPROVED: By: r Flinn Fagg Deputy City Manager ATE go Date: /F 14 �2 z_ Page 3 of 3 Revised: 2.9.22 RIDS May16,2022 Joel Montalvo, City Engineer/Development Services City of Palm Springs Palm Springs City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Sent via email: joel.montalvo@palmspringsca.gov Additional Services Proposal #8 Extended Construction Observation Phase Duration Palm Springs Downtown Park Dear Joel, We are pleased to provide you with this Additional Services Proposal to provide extended construction phase support for the Palm Springs Downtown Park project located in Palm Springs, CA. Scope of Work RIOS will provide extended Construction Observation Phase services to cover the ongoing negotiations to complete work by Fast Track Construction. This scope may include additional trips to the site as required. Fee Terms & Conditions Time & Materials Not to Exceed $30,000 1. This proposal is conditioned by the existing agreement between Rios, Inc. and The City of Palm Springs, signed January 3, 2018. The terms and conditions of that agreement are incorporated into this agreement by reference. Please call if you have any questions regarding this proposal. If it appears to be in order, please return a signed copy to this office. I look forward to working with you on this project. Sincerely, RI OS Date: Nate Cormier, ASLA, PLA, LEED AP Accepted By: Managing Studio Director 3101 W. Exposition Place Los Angeles, CA 90018 (323) 785-1800 rios.com ACC)MY CERTIFICATE OF LIABILITY INSURANCE `/ GATE (MM DD/YYYY 1 11/3/2021 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 policy(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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER IOA Insurance Services 130 Vantis, Suite 250 Aliso Viejo, CA 92656 ACT NAME, Ben Tran PHONE ggg_2g]_5962 ac No: 949-297-5960 EMAIL ADDRESSbelt .trap ioausa.com INSURERS AFFORDING COVERAGE NAIL# INSURERA: RLI Insurance Company 13056 wwwioausa.com CA License#OE67768 INSURED RIOS, Inc. 3101 W. Exposition Place Los Angeles CA 90018 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 64846674 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER MMiDDYEFF POLICMMIDDYEXP IYYYY LIMITS COMMERCWLGENERM.UABILITY �/ �/ PSB0003112 10/30/2021 10/30/2022 EACH OCCURRENCE $1000000 CLAIMS -MADE �✓ OCCUR Primary/Non-Contributory Scheduled Al Endt #PP6 2 Professional Services MAGE TO R PREMISES EeEocw ante $1,000,000 ✓ MED EXP (Any one person) $10 000 Waiver of Subrogation PERSONAL BADV INJURY $1 000 000 performed by the Insured GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 are Excluded PRODUCTS -COMP/OPAGG $2000000 POLICYEj jEd �LOC $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ PSA0002361 10/30/2021 10/30/2022 E.aamentslNGLE LIMIT $1000000 BODILY INJURY (Per person) $ ANY AUTO Designated Insured Endt OWNED SCHEDULED AUTOS ONLY ALIT S .wNEDand H RED ✓ AUTOS ONLY ✓ A� O ONLY #CA20481013; Prim/NonCon Blkt Wvr of Subr included on Page 2 of BODILY INJURY(Peracddent) $ PROPERTY DAMAGE Perasdd% S $ ✓ Prim/NonCon ✓ Wvr of Subr Form #PPA3000313 A UMBRELLA UAB V OCCUR PSE0001169 10/30/2021 10/30/2022 EACH OCCURRENCE $5000000 ✓ AGGREGATE $5000000 EXCESS LIAB CLAIMS -MADE I Excludes Professional Liability; Follow Form I DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE —] H STATUTE ER E.L. EA CH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICERIMEMBEREXCLUDE07 (Mandatory In NH) NIA E.L. DISEASE -PODGY LIMIT 5 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarits Schedule, maybe attached if more space is required) Certificate Holder is an Additional Insured with respect to General Liability (GL) and Automobile Liability when required by contract with the Insured, but only to the extent provided within the Endorsements noted above and attached. GL includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners' Coverage form. Coverage is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation / 10 Days for Non -Payment in accordance with policy provisions. RIOS Project #17021 City of Palm Springs, its officials and employees 32 0 E. Tahqultz 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. rrA01IiGT:T:lDIILII,1 W L All Hants reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 64846674 1 10/21-22 GL/AUTO/EXCESS I Marco Pindo 1 11/3/2021 12:39:22 PM (POT) I Page 1 of 4 Policy Number. PSB0003112 RLI Insurance Company Named Insured: RIOS, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM — SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Palm Springs, its officials and employees SECTION 11 C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION If — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and nbn-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The 'bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K.2 Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I — PROPERTY AND SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for 'bodily injury", "property damage" or "personal and advertising injury" arising out of "your work' performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the 'bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. =410191➢1AK 64846674 1 20/21-22 GL/AUTO/EXCESS I Marco Pindo 1 11/3/2021 12:39:22 PM (PDT) I Page 2 of 4 Page 1 of 1 POLICY NUMBER: PSA0002361 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: RIOs, Inc. Endorsement Effective Date: 10/30/2021 SCHEDULE Name Of Person(s) Or Organization(s): City of Palm Springs, its officials and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 64846674 1 10/21-22 GL/AUTO/EXCESS I Maxao Pindo 1 11/3/2021 12:39:22 PM (POT) I Page 3 of 4 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus- iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The -following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV — BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II — COVERED AUTOS LIABILITY COVERAGE, Exclusion B.S. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; ,LT_141I11I110110 64846674 1 10/21-22 M/AUTO/8%CP S I Matto Pindo 1 11/3/2021 12:39:22 PM (POT) I Page 4 of 4 Page 2 of 5 A� " CERTIFICATE OF LIABILITY INSURANCE DAT'/s/zozz m 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 policy(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 rights to the certificate holder in lieu of such endomement(s). PRODUCER IOA Insurance Services 130 Vantis, Suite 250 AIISO Viejo, CA 92656 CNTACT NAME: Betty Tran PHONE FAX 949-297-5962INC,No: 949-297-5960 E-MAIL _ ADORES$: bett .Van loausa.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: RLI Insurance Company 13056 Www.iOausa.com CA License #OE67768 INSURED RIOS, Inc. 3101 W. Exposition Place Los Angeles CA 90018 NsuaaRB: INSURER C: INSURER D: INSURER E: - INSURER F: COVERAGES CERTIFICATE NUMBER: RR1RRg4g REVISION NUMBER: 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, INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF MMIDD/YYY POLICY EXP MM/DD/YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR. DAMAGE TO RENTED PREMISES Ea occurrence S NEED EXP(My one person) S PERSONAL SADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ $ OTHER: AUTOMOBILELIABILIY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS .BODILY INJURY (Par accident) $ PROPERTY DAMAGE Peracddenl $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER(EXEOUTIVE OFFICER/MEMBEREXCLUDEDT �N NIA PSW0001300 Waiver of Subrogation Endt #WC0403060484 1/1/2o22 1/i/2D23 ,/ STATUTE ERTi E.L. EACH ACCIDENT $1 OOO OOO E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) ' If yes, descnbe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE -PODGY LIMIT I $100D000 DESCRIPTION OF OPERATIONS [LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) A Workers' Compensation Waiver is included for the person ororganization named in the Schedule that are parties to a written contract, but only to the extent provided within the Endorsement noted above and attached. Coverage is subject to all policy terms, conditions, limitations and exclusions. 30Day Notice of Cancellation / 10 Days for Non -Payment in accordance with policy provisions. The City of Palm Springs, its officials and employees 3200 E. 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 (A= Alicia K. larann ACORD'25 (2016103) The ACORD name and logo are registered marks of ACORD 66166949 1 1/22-23 WC I Marco P1ndo 1 1/6/2022 5:11:30 PM (PST) I Page 1 of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Pahn Springs, its officials Jobs performed for any person or organization that you and employees have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective l/l/2022 Insured RIOS, Inc. Policy No.PSW0001300 Insurance Company RLllnsurance Company Countersigned By Endorsement No. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 66166949 I. 1/22-23 WC 16(arco Pindo 1 1/6/2022 5:11:30 PM (PST) I Page 2 of 2 ACOR Y CERTIFICATE OF LIABILITY INSURANCE L� DATE(MMDD/YYYYI 1 6114/2022 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 policy(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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER IOA Insurance Services CONTACT NAME: Bed Tran PHONE 949-297-5962 aC No: 949-297-5960 130 Vantis, Suite 250 Aliso Viejo, CA 92656 E-MAIL ADDRESS: bets .Van ioausa.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Company 13056 www.ioausa.com CA License #OE67768 INSURED RIOS,Inc. ' 3101 W. Exposition Place Los Angeles CA 90018 INSURER B : INSURERC: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 68744267 REVISION NUMBER: 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. INSR LTR TYPEOFINSURANCE ADOLSUSR POLICYNUMBER POLICYEFF MMMDNYYY) POUCYEXP (MMIDDrYYYY1 LIMITS COMMERCIALGENERALLIABILITY EACHOCCURRENCE $ CLAIMS -MADE OCCUR AMAGE TO PREMISES EaENTEocwnence $ MEDEXP(An onepemon) S PERSONAL BADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY 0 PRO- JECT EILOC PRODUCTS-COMP/OPAGG $ $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILYINJURY Peraccdr,M) $ PROPERTY DAMAGE Par aronera $ HIRED NON-DWNED AUTOS ONLY AUTOS ONLY UMBRELLALUIB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L EACH ACCIDENT $ OFACERIMEMBEREXCLUDEDT ❑ NIA (Mandatary In NH) E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE-PODCYLIMIT $ Ues, d..riba under SCRIPTION OF OPERATIONS below A Professional Liability RDP0047364 6/5/2022 6/5/2023 $ 5,000,000 Each Claim Claims -Made $10,000,000 Annual Aggregate DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached ifmom space is required) Coverage is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation / 10Days for Non -Payment in accordance with policy provisions. CERTIFICATE HOLDER - CANCELLATION RIOS Project #17021 City of Palm Springs, Its officials and employees SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 AUTHORIMO REPRESENTATIVE (AVC) Alicia K. Igram 91988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 68744267 1 6122-23 PL I Ma=o Plndo 1 6/14/2022 4:12:02 W (PDT) I Page 1 of 1 AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT NO.7071 DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO. 15-07 BETWEEN THE CITY PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement, Downtown Palm Springs Park, City Project No. 15-07 is made and entered into as of this 15 day of December , 2020, by and between the City of Palm Springs ("City") and Rios Clemente Hale Studios, a California corporation with its principal place of business at 639 N. Larchmont Blvd., Suite 100, Los Angeles, CA 90004 ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties." 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled Professional Services Agreement, Downtown Palm Springs Park, City Project No. 15-07 dated January 16, 2018 ("Agreement" or "Contract') for the purpose of retaining the services of Consultant to provide professional services to prepare the Schematic Design, Design Development Documents, Construction Documents for biding related to the Palm Springs Park, City Project No. 15-07, ("Project"). 2.2 Amendment. The City and Consultant desire to amend the Agreement to provide additional professional landscape architectural and related design services through the extended construction schedule. The Parties have heretofore entered into that Amendment No.1 dated October 30, 2018. 2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 1.8 Additional Services and 2.8 Changes in Scope of the Agreement. 3. Terms. 3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended to read as follows: "Exhibit A" Scope of Work is hereby revised by incorporating the additional professional services outlined in the Consultants letter dated December 1, 2020, attached hereto and incorporated herein by reference. 3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows: The Maximum Contract Amount is increased by $240,294 to a new Maximum Contract of $1,247,054. Page 1 of 4 5 55 7 5.18165 \3297 2 08 7 1 Revised: May 2020 3.3 Method of Payment. Section 2.2 of the Agreement is hereby amended to read as follows: "Exhibit C" Schedule of Compensation is hereby revised by incorporating the additional fees for professional services outlined in the Consultants letter dated December 1, 2020, attached hereto and incorporated herein by reference 3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term "Agreement" or "Contract" appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2. 3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 3.6 SeverabiliLy. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7 Counterparts. This Amendment No.2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 4 55575.18165\32972087 1 Revised: May 2020 SIGNATURE PAGE FOR AMENDMENT NO.2 TO THE PROFESSIONAL SERVICES AGREEMENT NO.7071, DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO.15-07 BETWEEN THE CITY OF PALM SPRINGS AND RIOS CLEMENTI HALE STUDIOS IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement, Downtown Palm Springs Park. City Project No. 15-07 as of the day and year first above written. CITY OF PALM SPRINGS Approved By: David H. Ready, PhD City Manager Date A sted By: A- '-X-V - krAfio-ny Mejia City Clerk Approved as to Form: Je rey . Ballin City Attorney APPROVED BY CITY COUNCIL: Date `u# t0Agreement N..��d' I RIOS CL MENTI HALf STUDIOS Signaizre Mark W. Rios Name Creative Director; President Title f Signature Nate Cormier Name Managing Studio Director Title Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Page 3 of 4 Revised: May 2020 55575 18165\32972087 1 CAUFOII M ALL-PURPOW OCT ova CODE; ilex A no" pub6o or edwr off== oenIF" d a du ca M i In ve ffm 0* the of go iidr9dual nfn Signed tfr documera to chid► thin cares a atmdced end not the tnatdrhhhewk an WW% or veidiq of that doanwnt state of comma is County of On before me. Lksw Harter+ Innal Mane and TWO of the Offww Nwnem of SOWN who proved to me an the beam of embafa hM evidence to be the person(e) whose nenra(e) m/cm Subscribed to the within Owb mmrd and e6aia ledpad to me that ha/she/Cwy wwouted the wince in hbfttw emir euChorized ctpealy(we). and that by hislha Aheir egeshuso an the ewbument the person(e). or the entity upon beta f d which the person(hh) act wwcuted the k abu ment. I as" under PENALTY OF PERJURY under the taws of the at of Cs6fMM #W the foregoing PWOWMA to tue and correct VVffNE3s my hand and ofBclat seeL 84nabae Sigratwa of nfotay Prb'a P1Sce Notary Seel Above OPtxWM Though bus section is opborat 000Wle ft M bdbm ubw rwn deter afteredion of dw document or frguctderd rea[tad m vit of this form to an uniritimsded document Description of Attached Doccanerd ride or Type of Document Document Date: Number of Peg Sgner(s) Other Then Narned Above: Capeeity(ws) Cteiined by Signw(s) 3igneen Nana: ❑ Carporsis Officer — TRIa(,$): O Partner — ❑ Ltnifnad ❑ Ciawrsl O Individual O Attorney in Fad O TF%Nb e ❑ (l mrdisn or Oormerador n nowr Signer N Repreeerdit: Signer's Nww. ❑ Corporate — rdh*k ❑ Partner — ❑ Urreted ❑ Genarai ❑ Mdiviryrat ❑ Attomay in Fad O Tnxfte ❑ Guwdan or Carmervatnr O Other. SW— la PAPMsr&a ON14 NafWW Notary At wembm • www.F dmmtJoter "9 •1 4W-lB NQTMY (1-80"7"M7) Item #5 07 Page 4 of 4 55575 18165\32972087 1 Revised: May 2020 RIDS December 1, 2020 David Ready, Esq., Ph.D., City Manager/City Engineer Marcus Fuller, MPA, PE, PLS, Assistant City Manager/City Engineer City of Palm Springs Palm Springs City Hall 3200 E. Tahquiti Canyon Way Palm Springs, CA 92262 Sent via email: marcus.fuller@palmsprings-ca.gov Additional Services Proposal e6 Extended Construction Observation Phase Duration, Sedimentary Wall/Water Feature Waterproofing Design, & Causeway Column Fireproofing Design Palm Springs Downtown Park Dear David and Marcus, We are pleased to provide you with this Additional Services Proposal to provide extended construction phase support and waterproofing design services for the Palm Springs Downtown Park project located in Pa'm Springs, CA. Scope of work Scope 1: RIOS is to provide extended Construction Observation Phase services to cover the construction schedule extension anticipated by Fast Track Construction through July 2021. This proposal assumes an addition of 8 months to the Construction Observation Phase from the originally anticipated completion date of November 2020. This scope will also involve additional trips to the site as required. Scope 2 (Parts I / II): DTR Waterproofing Consultants is to provide review of construction documents and recommendations for waterproof ng for the sedimentary wall and water feature. See DTR proposal attached. Part I: Water Feature / Part Il: Substation Facade Scope 3: Jensen Hughes is to advise on construction detail to protect causeway steel column fireproofing against damage. See Jensen Hughes proposal attached. 3101 W Exposition Place Los Angeles, CA 90018 (323) 785.1800 nos.com Fee Scope 1 Fee (RIOS): $219,619 Scope 2 Part I Fee (DTR): $9,675 Scope 2 Part 11 Fee (DTR): $7,000 Scope 3 Fee (JENSEN HUGHES); Hourly. NTE $4,000 TOTAL $240,294 RIOS Fee Breakdown EF BREAKDOWN • RIOS • r Resource Weeks Hrs.14Vk Hours Rate Fees `realr a Director Mark Ras 35 025 875 $325 S2, Iuaa Director Nate Cormier 35 05 171, $250 S4,37 rrror Project Desgner.P161 - Landscape Jason Samoa 35 12 420 5200 594 � ,error Protect Designer- Ardiflooture Late Kos a 16 12 192 $200 $.'18 4 rdlacl Drla ac- Landscape ArMdeciure Hoes" Lea 35 12 420 $180 $75• os,gner ArtNtecluro Crystal Huang 10 4 04 $140 $8:Y- ' w Propcl Designer • &gnaga!Graphns Can Wll ants 4 4 it;$200 S32 signer - SgnagelGrophics MrsalGme Ho:a% 4 4 16 $140 $2.24 to41 $719.81 Terms & Conditions 1. This proposal is conditioned by the existing agreement between Rios, Inc. and The City of Palm Springs, signed January 3, 2016. The terms and conditions of that agreement are incorporated into this agreement by reference. Please call if you have any questions regarding this proposal. If it appears to be in order, please return a signed copy to this office. I look forward to working with you on this project. Sincerely, RIOS Date: Mark Rios, FAIA, FASLA Creative Director; Partner K5C Nate Cormier, ASLA, PLA, LEED AP Accepted By. Managing Studio Director Palm Springs Park Add Service #6 page 2 December 01, 2020 Jason Shinoda RIOS 3101 Exposition Place Los Angeles, CA 90018 (323) 785-1825 jshinoda@rchstudios.com db7 Consulting Services a design technical resource company Sacramento San Francisco Orange County Los Angeles www.dtres.com Re: Revised proposal for Building Envelope Consulting Services — Palm Springs Downtown Park Water Feature and Fagade Waterproofing Dear Mr. Shinoda, We are pleased to re -submit this proposal to RIOS for Building Envelope Consulting Services for the Palm Springs Downtown Park Project in Palm Springs, California. This proposal is based on documents prepared by RIOS, dated Oct 23, 2019 (see attached 'Briefing Package'). 1. Project Description: Waterproofing design review for portions of the park including the water feature and the exposed shotcrete "sedimentary" facade. New waterproofing to tie into and be compatible with waterproofing recently install by others, including design for expansion joints between structures. 2. Proposed Scope of Services: DTR proposes to provide Building Envelope (BE) Consulting Services for the above -mentioned project as outlined below; Part I Water Feature Plan & Detail QC/Constructability Review with comments • Provide additional detail sketches, as needed (for special conditions) • Waterproofing Product Recommendations & Draft Waterproofing Specifications • Review Field condition to verify site materials/installation to validate recommendations Part II Substation Facade • Plan & Detail QC/Constructability Review with comments • Provide additional detail sketches, as needed (for special conditions) • Waterproofing Product Recommendations & Draft Waterproofing Specifications • Review Field condition to verify site materials/installabon to validate recommendations Corporate Office 1221 Pleasant Grove Blvd Ste 100 Roseville CA 95676-7214 t:(916)772-3600 f.(916)772-3633 1 Building Envelope Consulting Services Pg. 2 RIOS — Palm Springs Downtown Park Waterproofing December 01, 2020 3. Water Feature Horizontal and Vertical Wall Waterproofing: A. Plan & Detail QC/Constructability Review: DTR proposes to conduct specific plan review cycle specific to the Waterproofing aspects of the project, at Current Issued for Construction Set. Document review to include all related disciplines' drawings and specifications. Comments and recommendations will be red -lined and annotated on the Architect's PDF drawings and details, PDF specifications/ project manual comments B. Site Review of the Field Conditions:. Review of the actual site conditions to be made including identifying installed waterproofing products actually installed and condition of the material and terminations to validate any recommendations made on the current waterproofing details. Information received to date suggest we look that all materials are compatible with each other and that intersections of materials provide for a complete waterproof design. 4. Substation Fagade: A. Quality Assurance Plan Review: DTR proposes to conduct a specific plan review of at least four (4) different wall conditions and planter specific to the Waterproofing of the project, based on the current Issued for Construction Set. Document review to include all related disciplines' drawings and specifications. Comments and recommendations will be red -lined and annotated on the Architect's PDF drawings and details, PDF specifications/ project manual comments. Specific review of the architectural details and wall sections including below -grade and slab -on -grade assemblies, window and door details, exterior building skin assemblies, parapet and roof assemblies and all related products. DTR will suggest products and alternates and potential modifications to details, sections or other areas of the documents to meet current Building Envelope industry standards. The Architect is responsible for incorporating these recommendations into the construction documents. B. Site Review of the Field Conditions:. Review of the actual site conditions to be made including identifying installed fagade construction products actually installed and condition of the material and terminations to validate any recommendations made on the current waterproofing details. Photo's received to date suggest we look that all materials are compatible with each other and that intersections of all new shotcrete and flashing materials provide for a complete waterproof design. S. Water Feature Horizontal and Vertical Wall Waterproofing Compensation: A. Waterproofing QC Review/ Recommendations $ 9,675.00 Arch Drawings/ Water Intrusion Prevention Plan/Peer Review Specifications Field Review Coordination/ Teleconferences (up to 3 hrs) TOTAL PART I LUMP SUM FEE $9,675.00 Part l Total Reimbursable Allowance $600.00 RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 Building Envelope Consulting Services Pg. 3 RIOS — Palm Springs Downtown Park Waterproofing December 01, 2020 6. Substation Fagade, Planter and Pump Room Intersection - Compensation: A. Waterproofing QC Review/ Recommendations $ 7,000.00 Arch Drawings/ Water Intrusion Prevention Plan/Peer Review Specifications Field Review Coordination/ Teleconferences (up to 3 hrs) TOTAL PART I LUMP SUM FEE $7,000.00 Pail 11 Total Reimbursable Allowance $450 00 7. Expenses: Reimbursable Expenses are not included in the Lump Sum Fees above. Expenses to include mileage, postage, telephone toll charges, travel expenses from our office, printing cost of architectural progress drawings and reports, deliverable printing expenses (paper or electronic printing) for DTR deliverables, and miscellaneous expenses directly required for the project. Architect to provide PDF and/or hard copies of drawings and reports delivered to DTR. Expansion of the schedule and/or scope and deliverables will increase this sum. It reimbursable expenses are not included in the Prime Agreement with the Owner, the above sum must be added to DTR's lump sum contract compensation. So expenses are included in our Base Scope or Optional Services fees within this proposal and will be billed separately with backup documentation. S. Hourly Rates: DTR Consulting Services offers high quality professional services at reasonable fees. Our project fees are based on the attached hourly rates, plus expenses; we are happy to provide a "firm fixed price" quotation for your project. This project includes a Lump Sum for our base scope of work as noted in our Quids Quote. We will not exceed this Lump Sum without written direction and approval. Note. All hourly work will be billed at the rates attached, plus expenses. DTR Consulting Services, Inc. reserves the right to adjust hourly rates on an as needed basis to reflect market conditions. Adjustments to fee schedule will not affect Lump Sum agreements. 9. Extra Services: Work not specifically described above or noted as excluded must be authorized separately as additional services at the attached following rates including, but not limited to, additional product investigation, development of work for other disciplines, modification of our scope as documented to DTR at the time of this proposal including adding phases, adding additional reviews or back check reviews, Hygrothermal modeling, items indicated to be provided by others, prolonged product review, substitution request reviews, reviews of incomplete drawings/ specifications or items with delayed delivery, compression or a extension of project schedule and more detailed review or review of work from other sources. a N O ti N O a 0 a RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 n 15 Building Envelope Consulting Services RIOS — Palm Springs Downtown Park Waterproofing December 01, 2020 Pg. 4 10. Terms: Work shall start upon receipt of a "formal notice to proceed" on firm letterhead, along with a signed copy of this proposal, including initialing the Contract Provisions, or AIA C401/ C402 Architect/Consultant Agreement using these proposal terms, scope and fee. DTR cannot begin work without a signed agreement and receipt of a retainer, if required. Upon review of agreement, DTR reserves the right to adjust accordingly its proposed fee based on unknown conditions within the Architect/Consultant Agreement and changes in our assumptions or consultants. Services are billed on a monthly basis. Payments are due within 45 days from date of Invoice. The balance of each Part will be billed upon the completion of that Part. Proposals are valid for sixty days from date of proposal. 11. The proposed services are intended to provide professional recommendations to develop the documents used in the construction of the building and are not a guarantee or warranty to the watertight integrity of the structure, nor is it meant to direct the means and methods for the contractor. This is the requirement and responsibility of the Contractor. 12. Please be advised that DTR Consulting Services and our Consultants are not functioning under this scope as a forensic or environmental consultants and to that extent we do not claim as a part of these proposed services any prescribed remediation that would accomplish the elimination or prevention of any past, present or future conditions associated with indoor air quality problems or the presence of biological growths, mold or mildew. I very much appreciate your consideration of our firm for this work. I would be happy to discuss any comments or questions regarding this proposal. I can be reached at (916) 772-3600. Sincerely, Thomas C Berger, Managing Principal DTR Consulting Services, Inc RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 Building Envelope Consulting Services RIOS -- Palm Springs Downtown Park Waterproofing December 01, 2020 Pg. 5 Approval: Authorized signature from each firm below indicates approval of the scope of services, schedule, compensation and other terms and conditions noted above. 12i01 i2020 Thomas C Berger, Managing Principal Date DTR Consulting Services, Inc. Attch: Hourly Billing Rates 2020 - 2021 cc: Accounts Manager File Authorized Signature RIOS Name: Title: Date RCHS RIOS PSDP WP Proposal (REV) 12-01-2020 2020-2021 HOURLY RATE SCHE12LLEE 1 Managing Principal Principal Architect Associate, Architect/Engineer Sr. Forensic Architect/Consultant db7 Consulting Services a design technical resource company Senior Building Envelope Arch itect/Consultant Bldg Envelope/Waterproofing Architect III Quality Control Specialist/Building Assessment Specialist EnvelopeNVaterproofing Architect II Bldg Envelope Field Technician/Inspector Building Envelope Consultant/Architect I Senior Architect/ Specifier II I Door Hardware, Sr. Specialist Bldg Envelope Job Captain III Technical Construction Specifier II Technical Staff/Assistant Specifier I Support Staff Clerical Shift Differential (6pm to 6am) Expert Legal Support Expert Testimony Services Field Tests of Windows and Doors Specialized Testing/Analysis Sacramento San Francisco Orange County Los Angeles www.dtrcs.00m $275 /hour $260 /hour $240 /hour $235 /hour $225 /hour $195 /hour $195 /hour $190 /hour $175-190 /hour $175 /hour $175 /hour $165 /hour $160 /hour $158 /hour $140 /hour $125 /hour $ 85 /hour Rates + 20% Rates + 25%2 Rates + 75%3 Quotes Upon Request Quotes Upon Request All hourly work will be billed at the rates above plus expenses DTR Consulting Services, Inc. reserves the right to adjust hourly rates on a as needed to reflect market conditions, including increased cost incurred by new regulatory or project mandates. Adjustments to tee schedule may not affect Lump Sum agreements. Hourly rates list are for professional services for construction specifications. building envelope -waterproofing design/ commissioning, QC/peer reviews constructor administrative. site investigation and forensic work during the course of new/renovated projects, forensic services and/or other technical professional services. Travel time is charged at full published rates, plus expenses Professional fees for expert staff services for document review, attorney coordination, informal exchange among experts, document investigation, forensic investigation. reports exhibits support for attorney presentations and similar services. Expert Witness participation in mediation, arbitration or expert witness testimony in deposition, trail or other legal proceedings Expert billing time starts from Expert arrival on site to actua' departure. Travel time is billed at regular rates. Corporate Office 1221 Pleasant Grove Blvd Ste 100 Rosevil'e CA 95678-7214 t:(916) 772-3600 f.(916) 772-3633 2 Originals: Amendment No. 2; 1 Original: Insurance Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: CONTRACT ABSTRACT Rios Clemente Hale Studios Nate Cormier, Managing Studio Director CP 15-07, Downtown Palm Springs Park $1,247,054.00 (including this A#2 for $240,294.00) 260-4500-59498 Until all tasks are completed Contract Administration Lead Department: Development Services - Engineering Division Contract Administrator: Joel Montalvo Contract Approvals 787 1 1 Council Approval Date: September 3, 20 , Item 2.0. /� r 8 j fig► Amendment No. 1: October 8 020, Item I.G. 7071 lsfi a Amendment No. 2: Dec ber 10, 2020, Item I.Q. 10131 Agreement Number: 6597 -� ` '0 ` -t A ?a .71 4e ' �'L--16 ".Zo TNtvo 1. & I Contract Compliance Exhibits: On file Signatures: Attached Insurance: Attached Bonds: N/A Contract prepared by: Engineering Division Submitted on: 01/27/2021 By: Vonda Teed V)r AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT DOWNTOWN PALM SPRINGS PARK, CITY PROJECT NO. 15-07 SCHEMATIC DESIGN I DESIGN DEVELOPMENT I CONSTRUCTION DOCUMENTS BIDDING I CONSTRUCTION OBSERVATION I WARRANTY PHASES This Amendment No. 1 to the Professional Services Agreement (A7071), ("Amendment No. 1"), is made and entered into this _5^^day of 2018, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and Rios Clementi Hale Studios, a California corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City and Consultant entered into that certain Agreement No. 7071 for professional services to prepare the Schematic Design, Design Development documents. Construction Documents for bidding, and professional services to coordinate the bidding phase, to provide construction observation and warranty phase services related to the Downtown Palm Springs Park, City Project No. 15-07, ("Project"). B. City requests Consultant to provide additional services for the Project related to an expanded Police Substation, generally shown in concept by the drawing included herewith as Attachment 1. C. Consultant has submitted to City a proposal to provide additional professional services to prepare Design Development documents. Construction Documents for bidding, and professional services to coordinate the bidding phase, to provide construction observation and warranty phase services to City for the expanded Police Substation under the terms of this Amendment No. 1. D. The parties wish to enter into this Amendment No. 1 to proceed with the additional professional services related to the expanded Police Substation. NOW, THEREFORE, in consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment. SECTION 2. Section 2.1 Maximum Contract Amount of the Agreement is hereby amended as follows: The Maximum Contract Amount is increased by $82,500 to a new Maximum ContractAmountof$1,006,760. ORIGINALBID AND/ORAGREEMENT SECTION 3. Exhibit "A" "Scope of Work" is hereby revised by incorporating the additional professional services as outlined in the Consultant's letter dated September 19, 2018, revised September 25, 2018, included herewith as Attachment 2. SECTION 4. Exhibit "C" "Schedule of Compensation" is hereby revised by replacing the itemized list of fees identified on Page 1 of Exhibit "C" with the following: Lump Sum Schematic Design $ 132,555 Design Development $ 208,560 Construction Documents / Permitting $ 399,415 Bidding* $ 24,070 Construction Observation* $156,100 Warranty* $ 3,660 Topographic Survey (MSA) $ 4,600 Geotechnical Report (MSA) $ 3,500 SWPPP Monitoring (MSA) $ 10,100 Title 24 Monitoring (MRC) $ 1,200 Reprographics Allowance $ 30,000 Reimbursable Expenses $ 33 000 Total Maximum not to Exceed Contract Amount $1,006,760 SECTION 5. Full Force and Effect. All terms, conditions, and provisions of the Professional Services Agreement (A7071), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Professional Services Agreement (A7071), the provisions of this Amendment No. 1 shall in all respects govern and control. SECTION 6. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the Parties have executed this Amendment No.1 as of the dates stated below. "CITY" City of Palm Springs Date; David H. Ready, City Manager APPROVED AS TO FORM:ATTEST: B%.By: / Edward Z. Kotkih, City Attorney inthony City Clerk "CONSULTANT" Rios Clementi Hale Studios, a California corporation 639 N. Larchmont Blvd., Suite 100 Los Angeles, CA 90004 ^APPPOVED BY CITY COUNCIL Date: [o(2»/ Date: By://, Signature \jJ, . I^fr/jwgr/ (jxp^\K 'Diro-'b Printed Name/Title By:>J52: Check one: Individual Partnership A Corporation Printed Name/Title Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. ATTACHMENT 1 CONCEPTUAL POLICE SUBSTATION FOLLOWS THIS PAGE 44^- • 117- *126" J CONCEPT PLAN - POLICE SUBSTATION EXPANDED SCOPE I ) I )a o o o a o o 0 o a ID •1^?, © RIOS CLEMENT! HALE STUDIOS ATTACHMENT 2 CONSULTANT'S PROPOSAL FOR ADDITIONAL PROFESSIONAL SERVICES FOLLOWS THIS PAGE RiOS CLEMENTi HALE STUDiOS September 19, 2018 / revl 9.25.18 / rev2 9.27.18 David Ready, Esq., Ph.D., City Manager/City Engineer Marcus Fuller, MPA, PE, PLS, Assistant City Manager/City Engineer City of Palm Springs Palm Springs City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Sent via email: marcus.fuller@palmsprings-ca.gov Additional Services Proposal #1 rev2 Police Substation Expanded Scope Architectural and Landscape Design Services Palm Springs Downtown Park Dear David and Marcus, We are pleased to provide you with this Additional Services proposal to provide professional design services for the expanded scope of the Police Substation for the Palm Springs Downtown Park. This proposal will define the agreement between the City of Palm Springs (Owner) and Rios Clementi Hale Studios (RCHS). Scope of Work and Services Police Substation Expanded Scope RCHS will advance the Construction Documentation of architectural design and engineering of the expanded Police Substation scope as agreed in the teleconference meeting between RCHS, The City of Palm Springs and the Palm Springs Police Department on September 17, 2018, to include the following: Approximately 1333sf total area Space for 10 desks, including 2 at a reception counter Sergeant's Office Interview Room IT Closet Riot Gear Storage Janitor's Closet Single-User Restroom Kitchen Counter 3101 W. Exposition Place Los Angeles, CA 90018 (323) 785-1800 rchstudios.com Police E-Bike Storage and Park Maintenance Storage to be excluded from the Police Substation building and incorporated into the existing Parking Structure. Interior wall finishes and lighting Fee: $67,500 Interior Fit-out: Interior cabinetry, furniture, equipment, appliances, lockers, built-in furniture Fee: $15,000 TOTAL FEE: $82,500 Conditions 1. This proposal is conditioned by the existing agreement between Rios dementi Hale Studios and The City of Palm Springs, signed January 3, 2018. The terms and conditions of that agreement are incorporated into this agreement by reference. Please call if you have any questions regarding this proposal. If it appears to be in order, please return a signed copy to this office. I look forward to working with you on this project. Sincerely, RIOS CLEMENTI HALE STUDIOS Date: Nate Cormier, ASLA, PLA, LEED AP Accepted By: Managing Studio Director page 2 y^CORct CERfC^ATE OF LIABILITY INSURi^E DATE (MM/DD/YYYY) 12/27/2018 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 pollcy(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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER lOA Insurance Services 130 Vantis, Suite 250 Aliso Viejo, CA 92656 www.loausa.com CA License #0E67768 CONTACT o « 1- NAME: Betty Tran fA/c.'No.Exn: 949-297-5962 Hmcmo): 949-297-5960 A^ESS: bettv.tran(3jloausa.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Company 13056 INSURED Rios Clementi Hale Studios A \ 3101 W. Exposition Place lA Los Angeles CA 90018 INSURER B : INSURER C : INSURER 0 : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 46188534 REVISION NUMBER; 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. INSR LTR TYPE OF INSURANCE lADDLSUBR 'insd WVD POUCY NUMBER POLICY EFF fMM/DD/YYYYI POUCY EXP (MM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE I 1 OCCUR EACH OCCURRENCE GENl AGGREOy^E LIMIT APPLIES PER: PRO- 1 1 JECTi POLICY I 1 LOC OTHER: DAMAGE TO RENTED PREMISES {Ea pccurrence)^ MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABILITY 1 ANY AUTO COMBINED SINGLE LIMIT (Ea^acddent) BODILY INJURY (Per person) OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE RETENTIONS EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N 0 N/A PSW0001300 Waiver of Subrogation Endt #WC0403060484 1/1/2019 1/1/2020 , I PER / I STATUTE OTH ER E.L. EACH ACCIDENT $1,000.000 i E.L. DISEASE-EA EMPLOYEE ! E.L. DISEASE - POLICY LIMIT SI .000.000 $1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) A Workers' Compensation Waiver of Subrogation as noted above Is Included for the person or organization named In the Schedule that are parties to a contract requiring this Enoorsemeni, provideo mat contract Is executed before the loss. Coverage is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellatlon/10 Days for Non-Payment In accordance with policy provisions. CERTIFICATE HOLDER CANCELLATION RCHS Project #17021 The City of Palm Springs, its officials and employees 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 1 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 (AVC) Alicia K. Igram — y ' ^ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 6188534 I 1/19-20 WC j (AVC) Marianne McAvoy j 12/27/2018 8:43:19 AM (PST) | Page 1 of 2 WORKERS COMPENSATION ANITEMPLOYERS LIABILITY INSURANCE POUCY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. . The additional premium for this endorsement shall be otherwise due on such remuneration. _2_% of the California workers' compensation premium Schedule Person or Organization The City of Palm Springs, its officials and employees Job Description Jobs performed for any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2019 Insured Rios dementi Haie Studios Policy No.PSWOOOl 300 Insurance Company RLI Insurance Company Countersigned By Endorsement No. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 6188534 I 1/19-20 WC | (AVC) Marianne McAvoy | 12/27/2018 8:43:19 AM (PST) | Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/24/2018 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 pollcy(les) 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER lOA Insurance Services 130 Vantis, Suite 250 Aliso Viejo. CA 92656 www.loausa.com OA License #0E67768 CONTACT D « T NAME: Betty Tran ffic.'No.Extt: 949-297-5962 T^-Not: 949-297-5960 E-MAIL L XI. . /-.• ADDRESS: bettv.tran^ioausa.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA RLI Insurance Company 13056 INSURED Rios Clementi Hale Studios 3101 W. Exposition Place Los Angeles CA 90018 INSURER B INSURER C INSURER 0 INSURER E INSURERF COVERAGES CERTIFICATE NUMBER: 45039952 REVISION NUMBER: 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. INSR UTR TYPE OF INSURANCE ADDL (Nf?P SUBR YWP POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)UNITS A /COMMERCIAL GE NERAL LIABIUTY )E 1 / 1 OCCUR Jontributory //PSB0003112 Scheduled Al Endt #PPB3130212 Professional Services performed by the Insured are Excluded 10/30/2018 10/30/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MAC DAMAGE TO RENTED PREMISES (Ea occurrence)$1,000,000 /Primarv/Non-C MED EXP (Any one person)$10,000 /Waiver of Subrogation PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $2,000,000 POLICY l_^ JECT LilJ "-OC OTHER: PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABIUTY //PSA0002361 Designated Insured Endt #CA20481013: Prim/NonCon and BIkt Wvr of Subr included on Page 2 of Form#PPA3000313 10/30/2018 10/30/2019 COMBINED SINGLE LIMIT (Ea accident)n.000.000 /ANY AUTO HEDULED TOS )N-OWNED TOS ONLY t/r of Subr BODILY INJURY (Per person)$ OWNED AUTOS ONLY HIRED AUTOS ONLY Prim/NonCon / sc Al BODILY INJURY (Per accident)$ // NC Al PROPERTY DAMAGE (Per accident)$ //w $ A UMBRELLA UAB EXCESS UAB /OCCUR CLAIMS-MADE PSE0001169 Excludes Professional Liability 10/30/2018 10/30/2019 EACH OCCURRENCE $5,000,000 /AGGREGATE $5,000,000 DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 1 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DKCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured with resoect to General Liability fGLl and Automobile Liability but only when reouired by written contract with Insured prior to an occurrence as per bndorsements noted above. GL includes Separation of Insureds and Contractual Liability per limitations in in the BusinessOwners' Coveraoe form. Coveraoe is subiect to all oolicv terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation/ 10 Days for Non-Payment in accordance with policy provisions. RCHS Project #17021 . - - eioj Palm Springs CA 92262 •• s i V -• ;;-■ ' ■ ■ 1 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 ^<7 (AVCMCaKlaran, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: PSB0003112 Named Insured: Rios Clementi Hale Studios RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II - LIABILITY Schedule Name of Person(s) or Organization(s): City of Palm Springs, its officials and employees 1. SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. in connection with premises owned by or rented to you; or 0. In connection with "your work" and included within the "product-completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply to the rendering of or failure to render any "professional services". b* This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance - COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II - LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodiiy injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K.2 Transfer of Rights of Recovery Against Others to Us - COMMON POLICY CONDITIONS (BUT APPLICABLE TO SECTION I - PROPERTY AND SECTION II - LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB313 02 12 Page 1 of 1 POLICY NUMBER: PSA0002361 COMMERCIAL AUTO CA 20 481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Rios Clementi Hale studios Endorsement Effective Date: 10/30/2018 SCHEDULE Name Of Person(s) Or Organization(s): City of Palm Springs, its officials and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.1. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para graph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II - COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSI NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. y E. Employee Hired Autos 1. The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II - COVERED AUTOS LIABILITY COVERAGE, Exclusion B.5. does not apply if you have workers compensation insurance in-force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; PPA 300 03 13 Page 2 of 5 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/6/2018 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 pollcy(les) 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER lOA Insurance Services 130 Vantis, Suite 250 Aliso Viejo, CA 92656 www.ioausa.com CA License #0E67768 CONTACT D 1*. T NAME: Betty Tran uDc.'no. Exti: 949-297-5962 r^.Noi: 949-297-5960 A^ESS: bettv.tran@joausa.eom INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: RLI Insurance Compsnv 13056 INSURED Rios Clementi Hale Studios 3101 W, Exposition Place Los Angeles CA 90018 INSURER B : INSURER C; INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 42389470 REVISION NUMBER: 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. INSR LTR TYPE OF INSURANCE ADDL INSP SUBR VWD POUCY NUMBER POUCY EFF (MM/DD/YYYYl POUCY EXP (MM/DDAYYY1 UMITS COMMERCIAL GE NERALLIABIUTY )E 1 1 OCCUR EACH OCCURRENCE $ CLAIMS-MAC DAMAGE TO RENTED PREMISES (Ea occurrence)s MED EXP (Any one person)$ PERSONAL & ADV INJURY s GEN'L AGGREGATE LIMIT APPLIES PER;GENERAL AGGREGATE $ POLICY 1 1 ® 1 1 LOG OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO HEDULED TOS )N-OWNED TOS ONLY BODILY INJURY (Per person)s OWNED AUTOS ONLY HIRED AUTOS ONLY SC AL BODILY INJURY (Per accident)$ NC AL PROPERTY DAMAGE (Per accident)$ s UMBRELLA UAB EXCESS UAB OCCUR CLAIMS-MADE EACH OCCURRENCE s AGGREGATE s DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' UABILITY y / N ANYPROPRIETOR/PARTNER/EXECUTIVE | 1 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) ' ' If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims-Made RDP0032915 6/5/2018 6/5/2019 $5,000,000 Each Claim $5,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached If more space is required) Coverage is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation/10 Days for Non-Payment in accordance with policy provisions. CERTIFICATE HOLDER CANCELLATION RCHS Project #17021 City of Palm Springs, its officials and employees *,0.01 1 1 ^ 3200 E. Tahquitz Canyon Way^O 0 liij 6"" liVf B102 Palm Springs CA 92262 1 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 ,AVC, K. isram ^ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD