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Home My WebLink About23Q183 - Group 4 Architecture, Research + Planning, Inc.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Group 4 Architecture, Research + Planning, Inc. David Schnee, Principal DSchnee@g4arch.com CP 16-08, Palm Springs Public Library Renovation Design Services $3,119,666 (including this A#4 for $56,360) September 18, 2023 - September 17, 2026 On file David Schnee, DSchnee@g4arch.com Jonathan Hartman, JHartman@g4arch.com Engineering Services Joel Montalvo/Allen Janisch X8734 September 14, 2023, Item 1U 23Q183 A#1-2/29/24; A#2-7/30/24; A#3-11/6/24; A#4-1/9/25 Yes Yes Yes Department N/A - Amendment No. 4 is attached. N/A 01/14/2025 Vonda Teed Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. 1. Parties and Date. This Amendment No. 4 to the Professional Services Agreement 23Q183 made and entered into as of this 9th day of January 2025, by and between the City of Palm Springs (“City”) and Group 4 Architecture, Research + Planning, Inc., a California corporation, with its principal place of business at 211 Linden Avenue, South San Francisco, CA 94080 (“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 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026. 2.2 Amendment No. 1. The City and Consultant amended the Agreement to provide additional design services for the library renovation. The Parties have heretofore entered into that Amendment No. 1 dated February 29, 2024, for an amount of $1,197,200 for a new maximum contract amount of $3,036,098. 2.3 Amendment No. 2. The City and Consultant amended the Agreement to provide for a geotech investigation. The Parties have heretofore entered into that Amendment No. 2 dated February 29, 2024, for an amount of $19,695 for a new maximum contract amount of $3,055,793. 2.4 Amendment No. 3. The City and Consultant amended the Agreement to provide for materials testing. The Parties have heretofore entered into that Amendment No. 3 dated November 6, 2024, for an amount of $7,513 for a new maximum contract amount of $3,063,306. 2.5 Amendment No. 4. The City and Consultant desire to amend the Agreement to provide for design and landscape architecture of the median island completion on Sunrise Way. 2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Exhibit “B” Section 3.2. Additional Services Contingency of the Agreement. 3. Terms. 3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows: Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Page 2 of 3 Revised: 10.31.23 Exhibit “A” is hereby amended to include the additional scope of services as set forth in “ASR 04” dated 10 December 2024 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 total compensation for Phase I and Phase II is increased by $56,360 for a new not to exceed amount of $3,119,666 (“Maximum Contract Amount”). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4. 3.3 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. 4. 3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 4 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] Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT NO. 4 BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ David Schnee, Principal Jonathan Hartman, Principal Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 01/09/2025 Item No. 1Z APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 1/21/2025 1/24/2025 1/27/2025 Joel Montalvo CLIENT CONTR #:CP 16-18 CITY OF PALM SPRINGS ADD SERVICE #:04 3200 E Tahquitz Canyon Way, Palm Springs, California 92262 BILLING TYPE:Lump Sum PROJECT NAME: PROJECT #: G4 PHASE #: Palm Springs Public Library Renovation 23601-01 I03 COMPANY PROPOSAL DATED EST. HOURS RATE DESIGN FEE CA FEE MARKUP EXTENSION IMEG - Civil 11.20.24 $20,000 $3,000 $23,000 Rios - Landscape 12.09.24 $12,000 $4,500 $2,500 $19,000 Sweeney - Irrigation 12.09.24 $7,320 $3,900 $1,700 $12,920 Group 4 - Arch 8 $180 $1,440 $1,440 DESIGN FEE SUB-TOTAL:$56,360 REIMBURSABLE EXPENSES PROPOSAL DATED REIMB. ESTIMATE MARKUP R.E. MAXIMUM Per Contract $0 $0 $0 MAX. REIMBURSABLES SUB-TOTAL:$0 MAX. INCLUDING REIMB. EXPENSES:$56,360 David Schnee Principal Joel Montalvo City Engineer Date 10 December 2024 SCOPE SUMMARY: Center Median Extention in S. Sunrise Way Provide additional services for Palm Springs Library Project with topographic survey, civil, landscape and irrigation design for the extention of the center median along the Sunrise Way. See attached proposals from IMEG dated 11/20 and from Rios dated 12/09 for more information. ADD SERVICE REQUEST 12/10/2024 Date Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 i Noveomibr2ibrb0i i ,4NDaiidScooi hm nGi0iumdSDpodpnmo2iAoto4mdSiRis+4ccDcP2ilcdgi ID4i.v4D+iatdScooVP04mdSgd vi AoEiuvocavocpinveomi@i: miuaaDpD c4+iiomNDdot 3Dpfi :is4+viiGmDcPt2i3ui s4+viiGmDcPtiCDem4mfiuiAi@iyi3ocpomiLoaD4ci4piincmDtoi-4fi s4+viiGmDcPt2i34+D: mcD4i lL.hism ModpinveomEib@rrWj60grri ,o4mi,4NDa2 uti7oiaDtdnttoa2if ni7 n+ai+D9oilL.hip iGm NDaoi4aaDpD c4+itomNDdoti: mis4+viiGmDcPtiCDem4mfi7DpSi p G Pm4GSDditnmNofi4caidDND+iaotDPci: mipSoidocpomivoaD4ci4+ cPipSoiincmDtoi-4fgiu++i pSomitomNDdot2i pomvt2i4caid caDpD ctitS4++imov4Dci4titp4poaiDci nmi mDPDc4+iuPmoovocpia4poaiioGpoveomiw2ibrb@g i Civil yi3mo4poi4ico7itopi :iam47DcPti: mi ::tDpoiDvGm NovocptiG+4cikiGm 1&+oi: ++ 7DcPi3Dpfi :is4+viiGmDcPti tp4ca4matg yi3 maDc4poi7DpSi3Dpfi.cPDcoomi: miaotDPcidocpomivoaD4ci+o:pi+4coieo: moipSoiDcpomtodpD ciincmDtoi-4fi 4caiB4mDtp iA 4ag yi,otDPci4GGm xDv4poaiWrri:oopi :idocpomivoaD4ci4+ cPiincmDtoi-4fg yi3 maDc4poi7DpSiC4catd4Goi4caiumdSDpodpiaDtdDG+Dcoti: mipSoico7iDvGm Novocptg yism NDaoi3Dpfis+4cimoNDo7id vvocptimotG ctoi4caimoNDtD ci7DpS npiv4M mitd GoidS4cPogi yism NDaoi4aaDpD c4+iBDaitnGG mpi4cai3 ctpmndpD ciinGG mpi: mitpmoopiDvGm Novocptgi i Survey Surveying and Mapping services include: yi.tp4e+DtSitDpoiB4tDti :iBo4mDcPie4toai cipSoi4N4D+4e+oiAod maiL4Gti4caiC d4+iBocdSv4m9ia4p4g yiAod maism GompfiCDcoti7D++ieoiG+ ppoai cipSoitnmNofg yisom: mvi4i,otDPciinmNofi cib5y: piDcpomN4+ti7DpSDcipSoi4mo4ti4titS 7ci cipSoi4pp4dSoaiCDvDpti :i inmNofi.xSDeDpg yiC d4poioxDtpDcPi4e NoiPm ncaiNDtDe+oinpD+DpDoti4cai:o4pnmoti7DpSDcipSoi+DvDpti :itnmNofg yiC d4poi4cfiio7om2iip mv/umo4i,m4DcimDvtikiDcNompti4caiNyPnppomti7DpSDcipSoi+DvDpti :itnmNofg i Assumptions yiTm4:1&ditDPc2ipm4:1&di+DPSp2i mi4cfipm4:1&did cpm +iDtioxd+naoai:m vipSoitd Gogi s4Poiwi :i0 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 yiTm4:1&ditpnafiDtioxd+naoagi i This is a prevailing wage project. IMEG DIR #PW-LR-1001125330 Expires 06/30/2026. TSoiGnmG toi :ipSDtitnmNofiDtip iGm NDaoiDc: mv4pD ci: mi3DND+i.cPDcoomDcPi,otDPciGnmG totitpmDdp+fi7DpSDci pSoi4mo4ti np+DcoaiaoGDdpoai cipSoiCDvDpti :iinmNofi.xSDeDpiSomo cg FDo+aid caDpD ctia ic pitDPcD1&d4cp+fiaD::omi:m vipSoimo:omocdoaiDc: mv4pD cg .xDtpDcPiinmNofie nca4mfiv cnvocpti: ncai4pipSoipDvoi :ipSoitnmNofiDtitn:1&dDocpip imod cdD+oit4Dai e nca4mfi+DcotgilcipSoid4toipS4pipSomoiDtincytn:1&dDocpi: ncaiv cnvocpt2i mi+4d9ipSomo :2i4caipSoitnmNofi 7D++icooaip ioxpocaoai:nmpSom2i4aaDpD c4+i:ooti7D++icooaip ieoicoP pD4poag l:i4iAod mai :iinmNofiDtimoqnDmoaiefi+ d4+iMnmDtaDdpD ci4ca/ miefipSoiC4caiinmNof mtiudp2i:ooti7D++ieoi coP pD4poaiGmD mip i1&c4+DzDcPitnmNofi7 m9g u++itnmNofoai4mo4ti4moi7DpSDcipSoiCDvDpti :iinmNofitS 7ciSomo cg .xd+naDcPiiomNDdoti pSomipS4cipS toi+DtpoaincaomipSoie4tDdiid Goi :iiomNDdoti4e Nog TSDtiGm G t4+iDtie4toai cic mv4+i7 m9DcPiS nmti7DpSic ipDvoitdSoan+DcPimotpmDdpD ctg Compensation -oiGm G toip iGm NDaoipSoitomNDdotiaotdmDeoai4e Noi: mi4i1&xoai:ooi :i$br2rrrgrrgiAoDvenmt4e+oi oxGoctotimov4Dci4titp4poaiDci nmi mDPDc4+iuPmoovocpg i Description Fee Topographic Survey $6,500 Civil $13,500 Total $20,000 i General -oi7D++ieoPDci nmitomNDdoti: ++ 7DcPi4ddoGp4cdoi :ipSDtiuvocavocpi: miuaaDpD c4+iiomNDdotgiuddoGp4cdoi v4fieoid cNofoaiND4iov4D+i miefitDPcDcPipSDti ::omi4caimopnmcDcPiDpip i nmi :1&dogi p7DpStp4caDcPipSoi : moP DcPitocpocdo2iD:if ni mivoveomti :if nmi1&mviocP4PoilL.hi: mitomNDdoti: mipSoimo:omocdoaiGm Modp2i oDpSomiNome4++fi miefi4dpD ct2i7SDdSiDvG+fi4ddoGp4cdoi :ipSDtiuvocavocpitndSi4tiGm NDaDcPiam47DcPt2i tnevDppDcPiqnotpD ct2imoqnotpDcPiocPDcoomDcPiDc: mv4pD c2iopdg2i7DpS npimopnmcDcPi4itDPcoaid Gfi :ipSDti uvocavocp2iDpiDtioxGmott+fi4PmooaipS4pi4ddoGp4cdoi :iallipomvti4caid caDpD cti :ipSoi mDPDc4+i4Pmoovocpi 7D++ieoiDvG+Doai4caid cpm4dpn4++fieDcaDcPg s4Poibi :i0 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 i Client hm nGi0iumdSDpodpnmo2iAoto4mdSiRis+4ccDcP2ilcdg SIGN: ,4NDaiidScoo DATE: IMEG lL.hi3 ctn+p4cpti3 mGg SIGN: J SciL4m9iTS vGt c2isg.gi38b55j2ismDcdDG4+2i 3+Docpi.xodnpDNo DATE: s4Poi@i :i0 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Appendix A T G Pm4GSDdiinmNofiCDvDptg i s4Poi0i :i0 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 Docusign Envelope ID: 4ECD22FC-FE8F-4C7A-A68D-96C01400C405 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Group 4 Architecture, Research + Planning, Inc. David Schnee, Principal DSchnee@g4arch.com CP 16-08, Palm Springs Public Library Renovation Design Services $3,063,306 (including this A#3 for $7,513) September 18, 2023 - September 17, 2026 On file David Schnee, DSchnee@g4arch.com Jonathan Hartman, JHartman@g4arch.com Engineering Services Joel Montalvo / Allen Janisch X8734 September 14, 2023, Item 1U 23Q183 A#1: 02/29/2024; A#2: 07/30/2024; A#3: TBD Yes Yes Yes Department N/A - Amendment No. 3 and insurance are attached. N/A 11/06/2024 Vonda Teed Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. 1. Parties and Date. This Amendment No. 3 to the Professional Services Agreement 23Q183 made and entered into as of this 6th day of November 2024, by and between the City of Palm Springs (“City”) and Group 4 Architecture, Research + Planning, Inc., a California corporation, with its principal place of business at 211 Linden Avenue, South San Francisco, CA 94080 (“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 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026. 2.2 Amendment No. 1. The City and Consultant amended the Agreement to provide additional design services for the library renovation. The Parties have heretofore entered into that Amendment No. 1 dated February 29, 2024 for an amount of $1,197,200 for a new maximum contract amount of $3,036,098. 2.3 Amendment No. 2. The City and Consultant amended the Agreement to provide for a geotech investigation. The Parties have heretofore entered into that Amendment No. 2 dated February 29, 2024 for an amount of $19,695 for a new maximum contract amount of $3,055,793. 2.3 Amendment No. 3. The City and Consultant desire to amend the Agreement to provide for materials testing. 2.4 Amendment Authority. This Amendment No. 3 is authorized pursuant to Exhibit “B” Section 3.2. Additional Services Contingency of the Agreement. 3. Terms. 3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows: Exhibit “A” is hereby amended to include the additional scope of services as set forth in “ASR 03” dated 04 November 2024 attached hereto and incorporated herein by reference. Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 2 of 3 Revised: 10.31.23 3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows: The total compensation for Phase I and Phase II is increased by $7,513 for a new not to exceed amount of $3,063,306 (“Maximum Contract Amount”). 3.3 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. 3.3 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. 3.4 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. 3.5 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] Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ David Schnee, Principal Jonathan Hartman, Principal Date: Date: CITY OF PALM SPRINGS: APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 11/14/2024 11/21/2024 11/21/2024 Joel Montalvo CLIENT CONTR #:CP 16-18 CITY OF PALM SPRINGS ADD SERVICE #:03 3200 E Tahquitz Canyon Way, Palm Springs, California 92262 BILLING TYPE:Lump Sum PROJECT NAME: PROJECT #: GROUP 4 PHASE #: Palm Springs Public Library Renovation 23601-01 I03 COMPANY PROPOSAL DATED EST. HOURS RATE LUMP SUM FEE MARKUP EXTENSION ARG 10.28.24 $6,220 $933 $7,153 Group 4 11.04.24 2 $180 $360 $360 DESIGN FEE SUB-TOTAL:$7,513 REIMBURSABLE EXPENSES PROPOSAL DATED REIMB. ESTIMATE MARKUP R.E. MAXIMUM Per Contract $0 $0 $0 MAX. REIMBURSABLES SUB-TOTAL:$0 MAX. INCLUDING REIMB. EXPENSES:$7,513 11/4/2024 Jonathan Hartman Date Principal Joel Montalvo Date City Engineer 04 November 2024 SCOPE SUMMARY: Material Testing Exploratory Demolition: ARG will attend one site visit to review exploratory demolition. Precast Concrete Testing: A sample of the precast concrete will be tested by Highbridge Materials Consulting, Inc. This is to identify precast concrete constituents and provide qualitative data on the concrete mix proportioning and coarse aggregate color and gradation as well as chemical digestion of the sample to extract the fine graded aggregate (for matching purposes). Wood Soffit Testing: A sample of the tongue-and-groove wood ceiling boards for analysis by ARG and Alden Identification Service. ADD SERVICE REQUEST Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 1 of 3 October 28, 2024 David Schnee, AIA, LEED AP Group 4 Architecture, Research + Planning, Inc. 211 Linden Avenue South San Francisco, California, 94080 Via e-mail: DSchnee@g4arch.com RE: Palm Springs Public Library ARG Proposal for Additional Services Dear David: Architectural Resources Group (ARG) is pleased to provide the following proposal for additional services for the Palm Springs Public Library, located at 330 South Sunrise Way in Palm Springs, CA. This proposal is based on feedback received by the Library and City representatives during the IDW #2 workshop, conducted on September 10th, 2024. We understand that the client wishes to include exploratory demolition and materials testing to gain a better understanding of the materials and existing conditions present at the library, so that the drawings and specifications can include more detailed information to pass along to the future contractor. The following describes our understanding and approach to the project. Project Scope of Services We propose to provide the following ARG labor/oversight and independent materials testing which will inform the specifications and drawings for the 90% Construction Documentation Phase. Exploratory Demolition: · ARG will attend one site visit to review exploratory demolition openings conducted by City/others. (COMPLETED) Precast Concrete Testing: · ARG will remove a 4 – 5” sample of the precast concrete at a previously spalled location, and send it to Highbridge Materials Consulting, Inc. (Highbridge) for materials analysis. (COMPLETED) · Highbridge will conduct the following tests and provide a report: Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 2 of 3 1. Petrography – to identify precast concrete constituents and provide qualitative data on the concrete mix proportioning and coarse aggregate color and gradation. 2. Chemical digestion of the sample to extract the fine graded aggregate (for matching purposes). · Based on the results of analysis, ARG will update the project specifications and provide the completed testing report for contractor use. Wood Soffit Testing: · ARG will remove a sample of the tongue-and-groove wood ceiling boards for analysis and send to Alden Identification Service (Alden) for analysis. · Alden will identify the original wood species and provide a report. (COMPLETED) · ARG will update the project specifications and provide the completed report for contractor use. Deliverables: Materials testing reports in pdf format. Applicable information will be incorporated into the project specifications. Schedule: Precast concrete testing is anticipated to take approximately 8 weeks. In the interest of time and moving the project forward, ARG has already completed tasks for exploratory openings and wood testing. Proposed Fees ARG is proposing a Lump Sum Fee of $6,220 - to complete the scope of work as described above for the project. This fee will be billed as a lump sum when the work is completed. The task breakdown is as follows: ARG Labor $2,120.00 Precast Concrete Testing (Highbridge) $4,000.00 Wood Sofit Testing (Alden) $100.00 TOTAL ADDITIONAL SERVICES $6,220.00 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Page 3 of 3 Thank you again for your continued consideration of ARG to work with you on this significant project. Please contact us should you have any questions regarding this proposal or need any additional information. Sincerely, Katie Horak Principal cc: Sarah Devan, ARG Scott Severson, ARG Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/12/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Helen Jang 626-696-1892 CertsDesignPro@AssuredPartners.com License#:6003745 Travelers Property Casualty Company of America 25674 GROUP4ARC The Travelers Indemnity Company of Connecticut 25682Group4Architecture Research +Planning,Inc. 211 Linden Avenue South San Francisco CA 94080 Travelers Casualty and Surety Company 19038 738025264 A X 2,000,000 X 1,000,000 X Contractual Liab 10,000 X Included 2,000,000 4,000,000 X Y Y 6803J225448 7/18/2024 7/18/2025 4,000,000 B 1,000,000 X X X NoOwned Auto Y Y BA9R464848 7/18/2024 7/18/2025 A X X 4,000,000YCUP9G2860327/18/2024Y 7/18/2025 4,000,000 C Professional Liability Claims Made Form 108087505 7/22/2024 7/22/2025 $2,000,000 per Claim $2,000,000 Annl Ag Insured owns no company vehicles;theirefore,hired/non-owned auto is the maximum coverage that applies.The Excess-Umbrella Liability is Follow Form to its underlying Policies:General Liability and Automobile Liability. Project #23601-01 Palm Springs Public Library,Renovation Design Services City of Palm Springs,its officials,employees,and agents are named as an additional insured as respects general liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice will be sent to holder City of Palm Springs Attn:Kim Baker 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part 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 insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6803J225448Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6803J225448 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. COMMERCIAL AUTO POLICY NUMBER: 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 modi- fied 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 pro- vided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): 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 ered Autos Liability Coverage in the Business Auto an "insured"for Covered Autos Liability Coverage,but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2.of Section I Covered Autos Coverages of the as an "insured"under the Who Is An Insured provi-Auto Dealers Coverage Form. sion contained in Paragraph A.1.of Section II Cov- CA 20 48 10 13 Insurance Services Office,Inc.,2011 Page 1 of 1 BA9R464848 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA9R464848 Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 G R O U P 4 A R C H I T E C T U R E R E S E A R C H + P L A N N I N G , I N C 211 LINDEN AVENUE SO. SAN FRANCISCO C A 9 4 0 8 0 U S A T : 6 5 0 8 7 1 0 7 0 9 F : 6 5 0 8 7 1 7 9 1 1 w w w . g 4 a r c h . c o m J I L L E Y R E S A R C H I T E C T A N D R E A G I F F O R D A R C H I T E C T J O N A T H A N H A R T M A N A R C H I T E C T D A W N E . M E R K E S A R C H I T E C T D A V I D S C H N E E A R C H I T E C T C A R O L Y N C A R L B E R G A R C H I T E C T G A R Y C H I N G A R C H I T E C T H A R D I N G D O W E L L A R C H I T E C T D A N I E L L A R O S S A A R C H I T E C T W I L L I A M L I M A R C H I T E C T T E R E S A R O M A R C H I T E C T 07/12/2024 Assured Partners Design Professionals Ins. Svcs, LLC 3697 Mt. Diablo Blvd, #230 Lafayette, CA 94549 Re: Insurance Compliance – Scheduled Autos To Whom it May Concern: Group 4 Architecture Research + Planning, Inc. owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies (as shown on the Certificate of Insurance). Should this information change by acquiring a company owned auto, we will inform you by sending a revised certificate of insurance. Sincerely, Dawn Merkes Architect, Principal Group 4 Architecture, Research + Planning, Inc Docusign Envelope ID: 33BB05A8-2DD6-41DB-926A-CF667B88D298 Certificate Of Completion Envelope Id: 33BB05A82DD641DB926ACF667B88D298 Status: Completed Subject: Complete with Docusign: 1608 Group 4 Architecture Amendment No. 3 Source Envelope: Document Pages: 50 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 0 Vonda Teed AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 vonda.teed@palmspringsca.gov IP Address: 47.176.125.90 Record Tracking Status: Original 11/6/2024 9:24:22 AM Holder: Vonda Teed vonda.teed@palmspringsca.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palm Springs Location: DocuSign Signer Events Signature Timestamp David Schnee dschnee@g4arch.com principal Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 192.184.138.234 Sent: 11/6/2024 9:32:24 AM Resent: 11/7/2024 9:28:28 AM Resent: 11/14/2024 7:36:50 AM Viewed: 11/14/2024 5:38:39 PM Signed: 11/14/2024 5:39:40 PM Electronic Record and Signature Disclosure: Accepted: 11/14/2024 5:38:39 PM ID: 7f2da31f-bbb1-48d2-98ec-5df76c84819c Jonathan Hartman jhartman@g4arch.com Vice President, Treasurer Group 4 Architecture, Research + Planning, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 192.184.138.234 Sent: 11/14/2024 5:39:43 PM Resent: 11/18/2024 5:23:18 PM Resent: 11/20/2024 7:30:38 AM Viewed: 11/21/2024 10:58:43 AM Signed: 11/21/2024 10:59:19 AM Electronic Record and Signature Disclosure: Accepted: 11/21/2024 10:58:43 AM ID: f5ddf323-7e3e-4174-8e66-486e02321eca Jeff Ballinger Jeff.Ballinger@bbklaw.com City Attorney BEST BEST & KRIEGER LLP Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.230.169 Sent: 11/21/2024 10:59:22 AM Viewed: 11/21/2024 7:05:48 PM Signed: 11/21/2024 7:06:44 PM Electronic Record and Signature Disclosure: Accepted: 11/21/2024 7:05:48 PM ID: 5d4c3313-ed83-4b39-a6f6-4783290712d8 Scott Stiles scott.stiles@palmspringsca.gov City Manager City of Palm Springs Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.243.247.100 Sent: 11/21/2024 7:06:46 PM Viewed: 11/21/2024 7:08:52 PM Signed: 11/21/2024 8:19:21 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 11/21/2024 8:19:00 PM ID: f50d18f8-46a4-4668-9c73-770c0079c4e6 Brenda Pree Brenda.Pree@palmspringsca.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.176.125.90 Signed using mobile Sent: 11/21/2024 8:19:23 PM Viewed: 11/21/2024 8:19:47 PM Signed: 11/21/2024 8:19:58 PM Electronic Record and Signature Disclosure: Accepted: 9/7/2022 8:21:01 AM ID: 9be06ae2-09de-4f55-b669-f1a3d981eee3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Brenda Pree Brenda.Pree@palmspringsca.gov Brent Rasi brent.rasi@palmspringsca.gov Evelyn Beltran evelyn.beltran@palmspringsca.gov Signing Group: City Clerk Security Level: Email, Account Authentication (None) Sent: 11/21/2024 8:20:01 PM Viewed: 12/4/2024 5:35:04 PM Electronic Record and Signature Disclosure: Accepted: 9/7/2022 8:21:01 AM ID: 9be06ae2-09de-4f55-b669-f1a3d981eee3 Allen Janisch Allen.Janisch@palmspringsca.gov Security Level: Email, Account Authentication (None) Sent: 11/21/2024 8:20:02 PM Viewed: 11/21/2024 8:20:51 PM Electronic Record and Signature Disclosure: Accepted: 1/22/2024 7:51:06 AM ID: 50c75f4e-6344-4b3c-b496-836c8adeb21c Christophe Blanchard CBlanchard@g4arch.com Security Level: Email, Account Authentication (None) Sent: 11/21/2024 8:20:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/6/2024 9:32:24 AM Envelope Summary Events Status Timestamps Certified Delivered Security Checked 11/21/2024 8:19:47 PM Signing Complete Security Checked 11/21/2024 8:19:58 PM Completed Security Checked 11/21/2024 8:20:03 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Palm Springs (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/20/2020 5:16:38 PM Parties agreed to: David Schnee, Jonathan Hartman, Jeff Ballinger, Scott Stiles, Brenda Pree, Brenda Pree, Allen Janisch Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact City of Palm Springs: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: Building@palmspringsca.gov To advise City of Palm Springs of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at Building@palmspringsca.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from City of Palm Springs To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to Building@palmspringsca.gov and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Palm Springs To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to Building@palmspringsca.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify City of Palm Springs as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Palm Springs during the course of your relationship with City of Palm Springs. CONTRACT ABSTRACT Amendment No. 2 Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Group 4 Architecture, Research + Planning, Inc. David Schnee, Principal CP 16-08, Palm Springs Public Library Renovation Design Services $3,055,793 (including this A#1 for $19,695) Measure J Funds NTE 3 years Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Allen Janisch Contract Approvals Council Approval Date: Amendment No. 1: Amendment No. 2: Agreement Number: September 14, 2023, Item 1U February 29, 2024, Item 1R TBD 23Q183 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached On file N/A Contract Prepared By: Engineering Services Submitted on: 07/29/2024 By: Vonda Teed Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. 1. Parties and Date. This Amendment No. 2 to the Professional Services Agreement 23Q183 made and entered into as of this 29th day of February 2024, by and between the City of Palm Springs (“City”) and Group 4 Architecture, Research + Planning, Inc., a California corporation, with its principal place of business at 211 Linden Avenue, South San Francisco, CA 94080 (“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 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026. 2.2 Amendment No. 1. The City and Consultant amended the Agreement to provide additional design services for the library renovation. The Parties have heretofore entered into that Amendment No. 1 dated February 29, 2024 for an amount of $1,197,200 for a new maximum contract amount of $3,036,098. 2.3 Amendment No. 2. The City and Consultant desire to amend the Agreement to provide for a geotech investigation. 2.4 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 1.8 Additional Services of the Agreement. 3. Terms. 3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows: Exhibit “A” is hereby amended to include the additional scope of services as set forth in “ASR 02” dated 12 July 2024 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 total compensation for Phase I and Phase II is increased by $19,695 for a new not to exceed amount of $3,055,793 (“Maximum Contract Amount”). Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Page 2 of 3 Revised: 10.31.23 3.3 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. 3.3 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. 3.4 Severability. 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. 3.5 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] Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ David Schnee, Principal Jonathan Hartman, Principal Date: Date: CITY OF PALM SPRINGS: APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 7/29/2024 7/29/2024 7/30/2024 Joel Montalvo CLIENT CONTR #: CITY OF PALM SPRINGS Geotechnical Investigation ADD SERVICE #:02 3200 E Tahquitz Canyon Way, Palm Springs, California 92262 BILLING TYPE:Lump Sum PROJECT NAME:PROJECT #: GROUP 4 PHASE #: Palm Springs Public Library Renovation 23601-01 I03 COMPANYCOMPANYCOMPANYCOMPANY PROPOSAL PROPOSAL PROPOSAL PROPOSAL DATEDDATEDDATEDDATED EST. HOURSEST. HOURSEST. HOURSEST. HOURS RATERATERATERATE LUMP SUM LUMP SUM LUMP SUM LUMP SUM FEEFEEFEEFEE MARKUPMARKUPMARKUPMARKUP EXTENSIONEXTENSIONEXTENSIONEXTENSION IMEG 05.20.24 $16,500 $2,475 $18,975 Group 4 07.12.24 4 $180 $720 $720 DESIGN FEE SUB-TOTAL:$19,695 REIMBURSABLE REIMBURSABLE REIMBURSABLE REIMBURSABLE EXPENSESEXPENSESEXPENSESEXPENSES PROPOSAL PROPOSAL PROPOSAL PROPOSAL DATEDDATEDDATEDDATED REIMB. ESTIMATEREIMB. ESTIMATEREIMB. ESTIMATEREIMB. ESTIMATE MARKUPMARKUPMARKUPMARKUP R.E. MAXIMUMR.E. MAXIMUMR.E. MAXIMUMR.E. MAXIMUM Per Contract $0 $0 $0 MAX. REIMBURSABLES SUB-TOTAL:$0 MAX. INCLUDING REIMB. EXPENSES:$19,695 Jonathan Hartman Date Principal Joel Montalvo Date City Engineer 12 July 2024 SCOPE SUMMARY: Percolation testing will be required at 3 feet below existing grade at two locations and five excavations will be required adjacent to the existing building foundation as part of Geocon’s investigation. The RFP also requests the geotechnical report provide a geotechnical report for the proposed improvements in accordance with the 2022 California Building Code. ADD SERVICE REQUEST 07.12.24 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 i Miay2iaya0i i , 4DviidSchhi neGroi0iuedSDphdpreh2iAhth edSiRis+ ccDcP2ilcdgi ID i.V D+ivtdSchhEP0 edSgdGVi AhmiuVhcvVhcpi@rV:heiNibGeiuvvDpDGc +iihe4Ddht 1DpMiGbis +ViioeDcPti n0fs +ViioeDcPtiCD:e eMiAhVGvh+i s +ViioeDcPt2i1 +DbGecD i2i-aaLa l.niseG9hdpi@rV:hemia6yyLj-0i ,h ei, 4Dv2 utieh3rhtphvi:MihV D+iGciuoeD+iaL2iaya02iMGri7Gr+vi+Dqhil.nipGioeG4Dvhi vvDpDGc +ithe4Ddhti7DpSi PhGphdScDd +ihcPDchheDcPitDphiDc4htpDP pDGci cvivhtDPciehdGVVhcv pDGctibGeipShis +ViioeDcPtiCD:e eMi AhVGvh+ioeG9hdpgiiu++iGpSheithe4Ddht2ipheVt2i cvidGcvDpDGctitS ++iehV Dci titp phviDciGreiGeDPDc +i uPehhVhcpiv phviiihophV:heiNw2iaya6g Compensation khioeGoGthipGioeG4DvhipShithe4DdhtivhtdeD:hvi :G4hibGei i8WxhvibhhiGbi$NL25yygyygiAhDV:ret :+hihxohcthti ehV Dci titp phviDciGreiGeDPDc +iuPehhVhcpg GEOTECHNICAL SERVICES i l.ni7D++iehp DcipShithe4DdhtiGbi inhGphdScDd +i.cPDchheipGiseG4Dvhi inhGphdScDd +ilc4htpDP pDGci bGeipShin0ifis +ViioeDcPtiCD:e eMiAhVGvh+gi (a)l.ni7D++ircvhep qhipShiehtoGctD:D+DpMiGbiDvhcpDbMDcP2iSDeDcP2i cviG4hethhDcPi i3r +D8Whvi PhGphdScDd +ihcPDchheDcPi8WeVipGidGcvrdpi idGVoehShctD4hiPhGphdScDd +iDc4htpDP pDGcibGei pShin0ifiis +ViioeDcPiCD:e eMgiiTShiPhGphdScDd +iDc4htpDP pDGcitS ++ihcdGVo tti ipSGeGrPSi tthttVhcpiGbitr:treb dhitGD+i cviPhG+GPDd +idGcvDpDGcti pipShioeG9hdpitDph2iDcd+rvDcPi:rpi cGpi+DVDphvipGitGD+idGVoGtDpDGc2i:h eDcPid o dDpM2iPeGrcv7 phei+h4h+t2ithDtVDdDpM2i cvi cMi GpSheieh+h4 cpib dpGetiDVo dpDcPitDphitp :D+DpMi cvibGrcv pDGcivhtDPcgi (b)l.ni7D++ioeG4DvhiGcPGDcPioeG9hdpiV c PhVhcpi cviG4hetDPSpipSeGrPSGrpipShivre pDGciGbi pShiPhGphdScDd +iDc4htpDP pDGc2ihctreDcPipDVh+MidGVo+hpDGc2i vShehcdhipGi3r +DpMi tp cv evt2i cvihbbhdpD4hidGVVrcDd pDGci:hp7hhci ++io epDhtiDc4G+4hvgii (c)ihhiuoohcvDxiuibGei vvDpDGc +iDcbGeV pDGcg”i s PhiNiGbi0 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 General khi7D++i:hPDciGreithe4DdhtibG++G7DcPi ddhop cdhiGbipSDtiuVhcvVhcpibGeiuvvDpDGc +iihe4Ddhtgiuddhop cdhi V Mi:hidGc4hMhvi4D ihV D+iGei:MitDPcDcPipSDtiGbbhei cviehprecDcPiDpipGiGreiGb8Wdhgi@Gp7DpStp cvDcPipShi bGehPGDcPithcphcdh2iDbiMGriGeiVhV:hetiGbiMGrei8WeVihcP Phil.nibGeithe4DdhtibGeipShiehbhehcdhvioeG9hdp2i hDpShei4he: ++MiGei:Mi dpDGct2i7SDdSiDVo+Mi ddhop cdhiGbipSDtiuVhcvVhcpitrdSi tioeG4DvDcPive 7DcPt2i tr:VDppDcPi3rhtpDGct2ieh3rhtpDcPihcPDchheDcPiDcbGeV pDGc2ihpdg2i7DpSGrpiehprecDcPi itDPchvidGoMiGbipSDti uVhcvVhcp2iDpiDtihxoehtt+Mi PehhvipS pi ddhop cdhiGbiallipheVti cvidGcvDpDGctiGbipShiGeDPDc +i PehhVhcpi 7D++i:hiDVo+Dhvi cvidGcpe dpr ++Mi:DcvDcPg s PhiaiGbi0 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 i Client neGroi0iuedSDphdpreh2iAhth edSiRis+ ccDcP2ilcdg SIGN: , 4DviidSchh DATE: IMEG l.ni1Gctr+p cpti1Geog SIGN: JGSci eqiTSGVotGc2isg.gi1wa55j2iseDcdDo +2i 1+Dhcpi.xhdrpD4h DATE: uooeG4hvi:Mmi____________________ s Phi6iGbi0 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Appendix A ____________________i s Phi0iGbi0 Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 78-075 Main Street #G -203 ■ La Quinta, California 92253 ■ Telephone 760.565.2002 ■ www.geoconinc.com Proposal No. CV-24-0938-P-GT May 14, 2024 IMEG 222 S. Harbor Boulevard, Suite 800 Anaheim, California 92805 Attention: Keyner Mayer, PE, Senior Civil Engineer Subject: PROPOSAL FOR GEOTECHNICAL INVESTIGATION PROPOSED PALM SPRINGS LIBRARY IMPROVEMENTS PALM SPRINGS, CALIFORNIA In accordance with your request, Geocon West, Inc. (Geocon) is pleased to submit our proposal to perform a geotechnical investigation for the proposed Palm Springs Library improvements. This proposal has been prepared based on Project 23006794.00 – City of Palm Springs Library Remodel Civil Scope for Geotechnical Report in addition to the Structural Engineering scope (RFP) provided by you, and Geocon’s experience in Palm Springs. PROJECT UNDERSTANDING The Hardscape Plan L2.10 indicates the proposed improvements will include new paver landscape, retaining and block walls and new parking areas. The IMEG RFP and Hardscape Plan indicate percolation testing will be required at 3 feet below existing grade at two locations and five excavations will be required adjacent to the existing building foundation as part of Geocon’s investigation. The RFP also requests the geotechnical report provide a geotechnical report for the proposed improvements in accordance with the 2022 California Building Code. Based on the documents provided it does not appear that structural improvement which would require geotechnical borings to perform sample collection at depth will be part of these improvements. GEOTECHNICAL INVESTIGATION SCOPE OF SERVICES Based on the above discussion, our scope of services is expected to consist of: • Mark the boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near our proposed excavation locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area. • Excavate four percolation test borings to depths of 3 feet, and five excavations along the building foundation to depths of approximately 3 feet or the bottom of the footing. Excavations will be performed by hand. Excavations will be logged in accordance with USCS criteria and samples will be collected for laboratory testing. Excavations will be backfilled with native soil upon completion. We have budgeted one day for the excavations. • Perform percolation at the two locations (two tests are required per location) in accordance with Riverside County Flood Control and Water Conservation District’s LID BMP Handbook. Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Geocon Proposal No. CV-24-0938-P-GT - 2 - May 14, 2024 • Perform laboratory testing which is anticipated to include maximum density/optimum moisture, in situ moisture and density, grain size analyses, corrosion screening, R-value, and direct shear. The final laboratory test program will depend on the soil conditions encountered during the investigation. • Prepare a geotechnical report for the project providing the excavation logs, percolation test data, a plan depicting the geologic conditions encountered and excavation locations, laboratory test results, geotechnical design parameters based on 2022 CBC, geotechnical recommendations for earthwork, retaining walls and paving. Assumptions: • The location for the foundation excavations will be provided by IMEG. • An encroachment permit will not be required. • We will be provided with access to mark the boring locations and perform the field work within the site during regular business hours of 6 am to 4 pm Monday through Friday and no night or weekend work will be required. • All existing subsurface utilities, wells, and septic tanks/leach lines will be clearly marked on a plan provided to us prior to our field work. GEOTECHNICAL INVESTIGATION SCHEDULING & COST OF SERVICES We anticipate performing the field work within two weeks of the notice to proceed, depending on excavator’s availability. Laboratory testing is expected to be completed within two weeks of the field exploration. Reporting is expected to be completed within approximately two weeks of the laboratory test completion. The geotechnical project timeline is expected to be approximately five to six weeks. Preliminary verbal conclusions and recommendations can be provided prior to issuance of our report, as necessary. We propose to perform the geotechnical investigation outlined herein for a lump sum fee as detailed in , below. If additional time or expenses are incurred to perform the scope of services described herein, they will be billed on a time and materials basis in accordance with the 2024 Schedule of Fees. Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Geocon Proposal No. CV-24-0938-P-GT - 3 - May 14, 2024 Table 1 Personnel Rate Prefield Activities - both parks USA Markout & Notification Project Geologist/Engineer - PW $195.00 Project Set Up & Scheduling Project Geologist/Engineer $145.00 Field Activities Geotechnical Borings Hand Excavation Crew Gold Services $3,000.00 Geotechnical Excavation, Logging, & Sampling Project Geologist/Engineer - PW $195.00 Percolation Testing Project Geologist/Engineer - PW $195.00 Equipment & Supplies Geocon $500.00 Laboratory Testing Laboratory $2,850.00 Geotechnical Report Preparation Geologic Report Preparation Geologist/Engineer/Drafting/WP $3,000.00 Geotechnical Investigation Task The client is responsible for accurately delineating the locations of all subterranean structures and utilities as well as the location of sensitive natural habitats and/or archaeological sites. At a minimum we will contact Underground Service Alert (USA) to delineate public utilities within the site prior to performing drilling operations; however, we will not be responsible for damage to any such lines, structures, vegetation, or archaeological sites that are not accurately marked by USA or shown accurately on the plans provided to us. Geocon will take reasonable precautions to avoid known subterranean structures, and Client waives any claim against Geocon, and agrees to defend, indemnify, and hold Geocon harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. The proposed scope of services does not include the evaluation or identification of the potential presence of hazardous materials on the site. We have assumed our work can be performed during normal business hours of 6 am -4 pm M-F and weekend or night work will not be necessary. We have also assumed that we will be granted access to all areas of the site. Some disturbance to the ground surface will occur as a result of accessing the desired locations; although we will be careful to limit the extent of such occurrences, they cannot be avoided and this proposal does not include any costs to re-grade, re-vegetate, landscape or otherwise repair disturbed areas. Permit fees, if required, will be added to our invoice as a reimbursable expense. We prepared this proposal with the understanding that this is a prevailing wage project; however Skilled and Trained Workforce Requirements are NOT applicable. If Client should conclude the foregoing understanding is incorrect, please so advise us in writing immediately. If failure to so advise us results in the imposition of fines, penalties, claims or damages against us, Client will reimburse us for all costs and expenses. Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Geocon Proposal No. CV-24-0938-P-GT - 4 - May 14, 2024 In preparing this proposal, we have made every effort to anticipate subsurface conditions and to coordinate with regulatory agency personnel regarding the scope of our investigation. However, regulatory agencies occasionally request additional exploration or clarification to assure that investigations are complete and fully understood by all concerned parties. Should additional exploration, addendum, update reports or letters become necessary, following the completion of our report, they will be billed on a time and materials basis. LIMITATIONS Please carefully review the contents of this proposal and the enclosed Terms and Conditions for Performance of Services (Terms) and Schedule of Fees, which are incorporated into and made a part of this proposal. If they meet with your approval, execute the Terms and return it to our office. We will then endorse the document and return one fully executed copy to you. We will commence with the scope of services outlined herein upon receipt of your written authorization; however, services provided by Geocon will be pursuant to the Terms and Schedule of Fees until or unless a mutually agreed upon, negotiated contract is finalized. Please note that it is necessary to indicate your project representative agent on the first sheet of the Terms and the address where all Client notices and communications should be sent. If you do not have an in-house representative agent, please indicate a designated agent. The California Legislature enacted Business & Professions Code §6749, effective January 1, 2001, which requires that all contracts with private entities be set forth in writing, contain certain terms, including a description of the services to be provided, the basis of compensation, the name, address and certificate number of the professional engineer and be signed by the parties before commencement of any work by the engineer. Therefore, the enclosed Terms or the waiver of Business & Professions Code §6749 letter must be signed by Client prior to Geocon’s commencement of any work, whatsoever, on the project. For your convenience, a copy of the Business & Professions Code §6749 waiver letter with the actual code text is attached to this proposal. Please be advised that if Geocon is required to provide an immediate defense to Client pursuant to a claim alleging the negligence of Geocon, Client will be billed on a time and materials basis for such defense in accordance with Geocon’s Schedule of Fees, and if there is a final determination by a court of competent jurisdiction that a portion of the damages awarded in connection with a claim were caused by or attributable to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably incurred by Client which is attributable to the portion of the damages caused by or attributable to Geocon. Notwithstanding the foregoing, under no circumstances shall Geocon be liable for providing an immediate defense to Client for any claim not alleging the negligence or other liability of Geocon. It is mutually agreed between Client and Geocon that all services afforded and work performed by Geocon are provided pursuant to Civil Code Section 2782 and such agreement is expressly integrated into and made a part of any and all contracts or agreements entered into between the parties. Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 Geocon Proposal No. CV-24-0938-P-GT - 5 - May 14, 2024 Should you have any questions regarding this proposal, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato, CEG Senior Geologist/Regional Manager LAB:ATS:hd Attachments: 2024 Schedule of Fees Terms and Conditions for the Performance of Services (contract) Business and Professions Code Waiver Distribution: Addressee (email) Docusign Envelope ID: FB247135-EF85-4F6B-B5B6-D94A445C50A3 CONTRACT ABSTRACT 1 Original: Amendment No. 1 Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source: Contract Term: Group 4 Architecture, Research + Planning, Inc. David Schnee, Principal CP 16-08, Palm Springs Public Library Renovation Design Services $3,036,098 (including this A#1 for $1,197,200) Measure J Funds NTE 3 years Contract Administration Lead Department: Contract Administrator: Engineering Services Joel Montalvo/Allen Janisch Contract Approvals Council Approval Date: Amendment No. 1: Agreement Number: September 14, 2023, Item 1U February 29, 2024, Item 1R 23Q183 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Attached Attached On file N/A Contract Prepared By: Engineering Services Submitted on: 03/04/2024 By: Vonda Teed DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. 1. Parties and Date. This Amendment No. 1 to the Professional Services Agreement 23Q183 made and entered into as of this 29th day of February 2024, by and between the City of Palm Springs (“City”) and Group 4 Architecture, Research + Planning, Inc., a California corporation, with its principal place of business at 211 Linden Avenue, South San Francisco, CA 94080 (“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 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026. 2.2 Amendment. The City and Consultant desire to amend the Agreement to provide additional design services for the library renovation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2.3 Changes in Scope of the Agreement. 3. Terms. 3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows: Exhibit “A” is hereby amended to include the additional scope of services “ASR 01” attached hereto and incorporated herein by reference. 3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows: 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Phase I compensation shall not exceed $1,838,898, except as may be provided under Section 1.8. Phase II compensation shall not exceed $1,197,200, except as may be provided under Section 1.8. The total compensation for Phase I and Phase II is $3,036,098 (“Maximum Contract Amount”. The method of compensation shall be as set forth in Exhibit “B.” DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Page 2 of 3 Revised: 10.31.23 Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. Exhibit “B” is hereby amended to include Section 1.6 Compensation noted in “ASR 01” attached hereto and incorporated herein by reference. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 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. 1. 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 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] DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ David Schnee, Principal Jonathan Hartman, Principal Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 02/29/2024 Item No. 1R APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 3/4/2024 3/4/2024 3/4/2024 Revised: 12.1.2021 1 55575.18165\32900157.2 PROFESSIONAL SERVICES AGREEMENT PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES SCOPE OF ADDITIONAL SERVICES ASR 01 1.1 Background: A. On January 11, 2024, City Council approved moving forward with a Phase II expanded scope of the project and directed City staff to develop a funding plan to bring back to Council, and authorized City staff to negotiate Additional Services with the consultant team to provide the additional design services for the expanded scope. B. At the time of executing the prime agreement between the City and the Consultant the projected Construction Cost for the Main Library Renovation and JC Frey renovation and limited site work combined was $11,520,000. As presented to Council, the revised projected Construction cost including non-grant funded renovation scope, site work, FFE, and technology is approximately $27,777,656. C. This ASR adds the following services that will be provided by the Consultant in parallel to the Basic Services of Phase I that will remain in place. 1.2 SCOPE OF ASR 01 SERVICES: The general scope of work for the design services is as follows: A. JC Frey Building rehabilitation and renovation (Phase II work) 1. Design replacement porch screening element. B. Main Library (Phase II work) 1. Provide Phase 2 Design Development through Phase 6 Closeout services for the following additional scope: a. Additional security gates for additional entrances b. Archival storage space c. Art space-gallery space with lighting d. Art wall in exterior public patio space e. Café (excluded from ASR 01) f. Carpet g. Children’s patio h. Exterior Paint i. Fixtures (Service desks, counters, cabinetry, kiosks, display furniture, mobile shelving) j. Flexible Office space-community organization outreach or services, nonprofit support offices DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Revised: 12.1.2021 2 55575.18165\32900157.2 k. Friends of the Library Book Sale space l. Infrastructure upgrades required for project but not allowed/included in grant m. Interior Paint n. Koi Pond replacement o. Landscaping p. LED Sign upgrade q. Library Furniture r. More storage s. New 350-seat event center- which would be an addition or annex adjacent to the existing building (excluded from ASR01 except the site design to the north of the library will be done to permit future construction of an event center here with limited removal of new work.) t. Outdoor lighting on building u. Outdoor use spaces-public patios with seating v. Parking Lot Expansion w. Perimeter sidewalk lighting upgrades x. Private meeting/study rooms y. Scalable Classroom/maker space/meeting rooms z. Steel book shelving and end panels aa. Low Voltage Infrastructure including: structured-cabling upgrades, computers, AV, PA system, screens, sound, exterior /Site security/CCTV, (excluding servers and library public and staff devices) bb. Window coverings for climate and light control 1. Modifications to courtyard walls/MEP & trash enclosures 2. New skylights or other exterior modifications that may be achieved within current project budget. 3. Comprehensive interior and exterior signage 4. Supplemental shade structures in courtyards 5. Supplemental Civil Engineering Scope: a. Site Drainage and storm water design b. Preliminary Water Quality Management Plan DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Revised: 12.1.2021 3 55575.18165\32900157.2 c. Hydrology and Hydraulics report d. Limited coordination with other City consultant preparing a Sunrise Park master plan. 6. Supplemental landscape architecture services: a. Children’s patio b. Landscaping, irrigation, hardscape and paving, seat walls. c. Landscape architect participation in 2 City Council meetings, Park Master Plan coordination meetings, and 2 Project Steering Committee meetings. 7. Supplemental Structural Engineering Scope: a. Structural design for freestanding study rooms b. Structural design for courtyard/enclosure wall modifications c. Structural design for landscape features, lighting foundations d. Structural design for supplemental shade structures in courtyard(s). 8. Limited Historic Resource services: a. Review of Main Library and site plans for historic considerations b. Up to 2 meetings with City Planning department. c. Up to 2 meetings with City Historic Structure Preservation Board (HSPB) or other body. 9. Supplemental Stakeholder and Community Engagement in Design Development includes the following activities and reimbursable expenses: Basic Services in DD ASR 01 additions Total during DD PMT: Up to six (6) No change Up to six (6) Online Survey: Add One (1) Online Survey Evening Community Meeting and Open House Add One (1) One (1) Project Steering Committee Meetings: One (1) Add One (1) Two (2) DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 Revised: 12.1.2021 4 55575.18165\32900157.2 Basic Services in DD ASR 01 additions Total during DD Council Meetings: Add Two (2) City Two (2) Integrated Design Workshop: one (1) No change One (1) Technical meetings: Up to five (5) with Library Staff, Building and Planning, Fire, Police and Public Works department staff No change Up to five (5) Trips: The engagement activities of this Phase include a total of up to Five (5) Person trips of the architect. Add Six (5) Ten (10) 1.3 Deliverables: The work flow and work products of ASR 01 shall be done as an integrated effort single package with Basic Services. Early or separate design, bid and construction packages are not included in Basic Services or ASR 01 Services. 1.4 Grant Funding Coordination: Costs for grant funded services and design work will be tracked separately to support City in fulfilling grant reporting requirements. All reasonable efforts consistent w 1.5 Schedule: Design work for Phase II ASR 01 will be done concurrently with Basic Services Scope A: JC Frey Building and Scope: B1. Main Library – All Grant Funded Infrastructure. Design Development will commence upon Notice to Proceed and shall have a duration of four months. Construction Document Phase shall begin upon completion of Design Development and City comments shall be prepared concurrently and due within two weeks from start of CDs. CD phase shall have a four month duration until permit submittal. Back check revisions shall target one month duration. 1.6 Compensation: Compensation for ASR 01 shall be a stipulated sum of One Million, One Hundred Ninety- Seven Two Hundred Dollars ($1,197,200.00) This will be invoiced monthly on a percent complete basis according to the following breakdown: Phase 2: DD $ 320,545.00 Phase 3: CD + Permit $ 438,352.00 Phase 4: Bidding $ 60,223.00 Phase 5: Construction Support $ 322,822.00 Phase 6: Closeout $ 55,258.00 Total Basic Services $ 1,197,200.00 END ASR 01 DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 PALM SPRINGS LIBRARY ASR 01 MAIN LIBRARY RENOVATION - NON GRANT FUNDED SCOPE - PHASE II: BASIC SERVICES DISCIPLINE / CONSULTANT Consult.PHASE 2-6 Architect FFE/Signage Structural Haz Mat MEP Estimating Civil A/V/LV Landscape Historical Fee Incl.SUBTOTAL PHASE / DESCRIPTION Group 4 Group 4 IMEG Omega DWE TBDC IMEG SFMI RIOS ARG Markup FEES Main Non-Grant - Programming, Scoping, & Cost Phase 1: SD Main Grant & JC Frey Phase 2: DD $61,460 $35,896 $5,900 $20,385 $2,700 $23,010 $2,450 $90,000 $58,455 $223,190 $320,545 Phase 3: CD + Permit $71,703 $35,896 $8,900 $40,730 $3,600 $59,650 $18,830 $120,000 $48,975 $330,754 $438,352 Phase 4: Bidding $10,243 $0 $1,000 $4,073 $2,350 $27,880 $5,000 $5,133 $49,980 $60,223 Phase 5: Construction Support $51,216 $89,739 $3,500 $12,219 $5,670 $7,880 $95,000 $41,064 $181,866 $322,822 Phase 6: Closeout $10,243 $17,948 $500 $4,073 $4,250 $650 $10,000 $5,133 $27,067 $55,258 SUBTOTALS:$204,866 $179,478 $19,800 $81,480 $6,300 $94,930 $57,690 $320,000 $158,760 $812,856 Tot. Fee $1,197,200 Fee Percent:#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0!#DIV/0! Approximate Hours Architect FFE/Signage Structural Haz Mat MEP Estimating Civil A/V/LV Landscape Historical Group 4 Group 4 IMEG Omega DWE TBDC IMEG SFMI RIOS ARG ASR 01 MAIN LIBRARY RENOVATION - NON GRANT FUNDED SCOPE - PHASE II: BASIC SERVICES Main Non-Grant - Programming, Scoping, & Cost Phase 1: SD Main Grant & JC Frey Phase 2: DD 332 194 39 136 18 153 16 600 390 Phase 3: CD + Permit 388 194 59 272 24 398 126 800 327 Phase 4: Bidding 55 0 7 27 0 16 186 33 34 Phase 5: Construction Support 277 485 23 81 0 38 53 633 274 Phase 6: Closeout 55 97 3 27 0 28 4 67 34 1,107 970 132 543 42 633 385 2,133 1,058 https://g4archcom.sharepoint.com/sites/PalmSpringsINH/Shared Documents/General/Y-Contract/ASR01/23601-01 ASR 01 Fee Hours LIVEASR 01 Main 2024-01-30 1/30/2024 DocuSign Envelope ID: AF44DC75-043E-4E47-B09C-6E24DA1FD4A7 CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Signatures: Insurance: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 6.13.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Palm Springs Public Library Renovation Design Services Group 4 Architecture, Research + Planning, Inc. David Schnee dschnee@g4arch.com Design Services for the renovation of the public library. Three years Yes David Schnee dschnee@g4arch.com Jonathan Hartman jhartman@g4arch.com Library and Engineering Jeannie Kays and Joel Montalvo September 14, 2023 23Q183 Yes Yes Yes - N/A No DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 1 PROFESSIONAL SERVICES AGREEMENT 23Q183 PALM SPRINGS PUBLIC LIBRARY RENOVATION DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into, and effective on September 18, 2023, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Group 4 Architecture, Research + Planning, Inc., a California Corporation, (“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 licensed architect, for the Palm Springs Public Library Renovation Design Services (“Project”). B. Consultant has submitted to City a statement of qualifications to provide professional design services, to City under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents that Consultant is a provider of professional services and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant shall perform the Work in a competent, professional, and satisfactory manner consistent with but limited to the level of care and skill ordinarily exercised by other experienced and well qualified members of the profession currently practicing in the same or similar locality and under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Qualifications; and, (4) the Consultant’s signed, original statement of qualifications submitted to the City (“Consultant’s Qualifications”), (collectively referred to as the “Contract Documents”). DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 2 The City’s Request for Qualifications and the Consultant’s statement of qualifications, which are both attached as Exhibit “C”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Statement of Qualifications. All provisions of the Scope of Services, the City’s Request for Qualifications and the Consultant’s statement of qualifications shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Qualifications; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s statement of qualifications. 1.3 Compliance with Law. Consultant represents that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant represents that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant represents that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 3 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of $1,838,898 for Phase I of the project ("Maximum Contract Amount"), except as may be provided under Section 1.8. Phase II will be negotiated at a later date and added to the contract via amendment. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 4 upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services 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 furnished in accordance with generally accepted practice in Consultant’s profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 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 attached Schedule of Performance (Exhibit “B”), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 5 the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 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 three years, commencing on September 18, 2023, and ending on September 17, 2026, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. 3.5 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 may be 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. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: David Schnee, Principal. It is expressly understood that the experience, knowledge, education, capability, expertise, 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 performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 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 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 6 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. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. 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. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 7 B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 8 expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 9 in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 10 including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 11 intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 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 such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting 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: A. "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 any and all work performed with the City" may be included in this statement). B. "This 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 included in this statement). DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 12 C. "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. D. 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. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. 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, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. 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. 6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 13 a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accounting 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 to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered 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 of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 14 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as 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. 8.2 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. 8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 15 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 16 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 term of this Agreement and for one (1) year thereafter. Consultant represents 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. 9.3 Covenant 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. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 17 not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 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. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Group 4 Architecture Research + Planning, Inc. 211 Linden Avenue South San Francisco, CA 94080 Attention: David Schnee, Principal Telephone: (650) 871-0709 Facsimile: (650) 871-7911 10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 18 this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 10.6 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. 10.7 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. 10.8. Corporate Authority. Each of the undersigned represents and represents that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 10.10 Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ Signature Signature David Schnee, Principal Jonathan Hartman, Principal (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: _______ Item No. APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 8/22/2023 8/23/2023 9/18/2023 1-U09/14/2023 55575.18165\32900157.2 Revised: 12.1.2021 20 EXHIBIT “A” SCOPE OF SERVICES 1.1 Background: A. On March 10, 2022, City Council approved the application submission of “Building Forward: Library Infrastructure” grant for the Palm Springs Public Library, located at 300 S. Sunrise Way (Main Library). The grant covers costs associated with critical maintenance and critical infrastructure projects, defined as those needed to keep existing facilities, building-related structural components, and related building systems suitable for public use and compliant with all prevailing codes, rules, regulations, and standards governing their usage, such as the Americans with Disabilities Act. B. On September 12, 2022, the City learned that they were awarded $6,569,942 in matching funds for the Palm Springs Public Library Renovation project. City Council adopted Resolution 25056 on September 29, 2022, agreeing to the grant, which required 100% matching funds for the project. Per the grant guidelines, all grant- funded work must be completed by March 31, 2026. Grant funds and City matching funds total $13,136,884. Matching funds are held in Fund 260, Measure J. Grant funds will be disbursed from the California State Library as the project progresses. C. The California State Library Grant Program has a list of unallowable costs; however, the Library Board of Trustees feels that there are many renovation elements that are important to include, despite grant funding available to cover the costs. At their December 7, 2022, meeting, the Library Board of Trustees asked that the City include in the scope of work all non-grant funded recommendations approved by the Trustees. D. Additionally, the Trustees recommended that the City move forward with the plan to renovate the JC Frey building according to the approved Measure J budget and present back to the Library Board with a plan and a confirmed budget. The Trustees asked, however, that the JC Frey Building renovation not impede on the Main Library renovation. E. At the February 21, 2023, Council Meeting, City Council approved staff to move forward with the design services for the desired scope of work and to bring back cost estimates for the scope of work and recommendations on items to move forward with based on funding availability. 1.2 Scope: The general scope of work for the design services is as follows: A. JC Frey Building rehabilitation and renovation (Phase I work) 1. Correct any building deficiencies 2. Create single-use gender neutral restroom(s) 3. Move equipment closet inside front door to improve access to main room 4. Restore full-length window designs and install glass doors to make building inviting DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 21 5. Subdivide meeting room in NE section of building 6. Upgrade all mechanical, electrical, plumbing, HVAC, and technology B. Main Library (Phase 1 work) 1. All Grant-Funded Infrastructure Items per grant application and approval from California State Library to include the following: a. Fire Sprinkler System b. Fire Alarm System Control Panel c. Emergency Egress Hardware d. Emergency Egress Light, Power Systems e. Ceiling Finishes (for new sprinkler system) f. Air Filtration System g. Security System - CCTV and Alarm System h. Emergency Backup Generator i. Skylights - Railings & Fall Protection Anchor Points j. HVAC Replacement k. HVAC Terminal and Package Units l. Electrical Service m. Seismic Retrofit n. Roof Replacement o. Replace Carpet and/or Floors p. Window replacements q. Replace water lines - includes plumbing r. Painting (preventative maintenance) s. Replace Signage, ADA tactile, larger fonts for visually impaired t. Replace non-emergency lighting u. Replace interior doors and locks v. Inclusive Access 2. Non-Grant-Funded Items (note only programming scoping design and cost estimating will be done as part of the Phase 1 work for these scope items. After approval of these additional scope items, a separate negotiation will take place to determine the design fees for Phase II of this work to complete design and construction administration services): a. Additional security gates for additional entrances b. Archival storage space DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 22 c. Art space-gallery space with lighting d. Art wall in exterior public patio space e. Café f. Carpet g. Children’s patio h. Exterior Paint i. Fixtures (Service desks, counters, cabinetry, kiosks, display furniture, mobile shelving) j. Flexible Office space-community organization outreach or services, nonprofit support offices k. Friends of the Library Book Sale space l. Infrastructure upgrades required for project but not allowed/included in grant m. Interior Paint n. Koi Pond replacement o. Landscaping p. LED Sign upgrade q. Library Furniture r. More storage s. New 350-seat event center- which would be an addition or annex adjacent to the existing building t. Outdoor lighting on building u. Outdoor use spaces-public patios with seating v. Parking Lot Expansion w. Perimeter sidewalk lighting upgrades x. Private meeting/study rooms y. Scalable Classroom/maker space/meeting rooms z. Steel book shelving and end panels aa. Technology-cabling upgrades, computers, AV, PA system, screens, sound bb. Window coverings for climate and light control C. The Consultant will provide all labor, supplies, and materials necessary to produce and deliver documents, plans, specifications, cost estimates, schedules and construction administration services throughout the construction and close out phase of this project. D. Schematic/Conceptual Design Phase Services tasks will include but are not limited to the following: DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 23 1. Lead on-site kick-off meeting with subconsultant team and City 2. Manage project and coordinate with City and subconsultant team 3. Project programming and visioning 4. Existing conditions surveying (see Exhibit A-1 for Limit of Survey). 5. Prepare schematic/conceptual design package (30%) for review and comment including: a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans including reflected ceiling, building elevations, building and wall sections, landscaping plans and interior elevations c. Structural plans d. Mechanical plans e. Plumbing and Fire Protection plans f. Electrical plans g. Specialty plans including energy 6. Provide schedule 7. Provide Preliminary Cost Estimate 8. Provide utility research E. Design Phase Services include but are not limited to the following tasks: 1. Upon approval of the schematic design package (50%) and cost estimate, prepare design development package including: a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans including reflected ceiling, building elevations, building and wall sections, landscaping plans and interior elevations c. Structural plans d. Mechanical plans e. Plumbing and Fire Protection plans f. Electrical plans g. Specialty plans including energy h. draft (50%) technical specifications i. preliminary cost estimate 2. Detailed cost estimating and marketplace conditions 3. Provide for construction phasing and scheduling that will minimize interruption to operations 4. Provide alternate systems evaluation and constructability studies where applicable DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 24 5. Geotechnical engineering and testing 6. Provide an environmental hazardous materials assessment 7. Provide long-lead procurement studies 8. Assist in the permitting processes 9. Coordinate with various City of Palm Springs departments, other agencies, utility companies, etc. 10. Participate in value engineering options and discussions 11. Protect the owner’s sensitivity to quality, safety, and environmental factors 12. Advise City on choosing green building materials 13. Submit 50% package for initial building permit intake 14. Make corrections and revisions based on permit comments F. Construction Documents Phase 1. Upon approval of the design development package and cost estimate, prepare the construction documents and permit submittal. Tasks will include: a. Civil plans including demolition, grading, drainage, paving and utilities b. Architectural plans including reflected ceiling, building elevations, building and wall sections, landscaping plans and interior elevations c. Structural plans d. Mechanical plans e. Plumbing and Fire Protection plans f. Electrical plans g. Specialty plans including energy 2. Submit 100% CD package for final permit approval 3. Prepare final technical specifications at 100% 4. Review construction document package and cost estimate with the City. G. Bidding Phase 1. Upon approval of the construction documents and receipt of building permit, the Consultant will support the City’s bidding process. Tasks will include: a. Attend pre-bid conference b. Assist with bid addenda and clarifications in response to bidder questions c. Support City with bid evaluations as necessary d. Make design modifications to reduce construction cost as needed DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 25 H. Construction Administration/Observation Phase 1. Upon selection of contractor, Consultant will participate in construction administration/observation. Tasks will include: a. Attend pre-construction conference b. Attend construction meetings c. Oversee project and coordinate with City and subconsultant team d. Review submittals and mock-ups e. Respond to requests for information (RFIs) f. Review proposed substitutions, alternates and change orders g. Observe construction during bi-weekly visits for consistency with design intent as conveyed in the construction documents h. Attend substantial completion walk through i. Review contractor punch list j. Attend final completion walk through k. Review contractor’s as built drawings I. Close Out Phase 1. Coordinate and verify training and commissioning efforts 2. Contract close out and post occupancy evaluation 3. Provide as built drawings in CAD and PDF format 4. Coordinate and conduct an eleven-month warranty walk through 1.3 Deliverables: Consultant shall provide design submittals, cost estimates, schedules, as built documents and reports as outlined in the scope of work for the various phases of design. Consultant shall provide construction observation reports, responses to request for information and review comments on submittals during the construction phase. 1.4 Schedule: Design work will commence upon execution of contract and shall be completed within 12 months. It is anticipated that the bidding and construction phase will continue for a period of 24 additional months. 1.5 Compensation: Work will be compensated as outlined on the pricing sheet in the contract. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 26 provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 27 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 28 EXHIBIT “B” SCHEDULE OF COST 1. COMPENSATION FOR PHASE I BASIC SERVICES Compensation to the Consultant for Basic Services described in Exhibit A, shall be a stipulated sum of One Million, Seven Hundred Eighty-Eight Thousand, Eight Hundred Ninety-Eight Dollars ($1,788,898.00) This will be done as a single project, but invoiced according to the following breakdown: A. JC Frey Building: Two Hundred Seventy Thousand, Nine Hundred Nineteen Dollars ($270,919.00) Consultant shall invoice the City monthly on a percent complete basis for work completed to date. Basic Compensation per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City. Phase 1: SD $ 66,898.00 Phase 2: DD (proceeds after Phase 0) $ 70,138.00 Phase 3: CD + Permit $ 64,581.00 Phase 4: Bidding $ 4,124.00 Phase 5: Construction Support $ 60,740.00 Phase 6: Closeout $ 4,438.00 Total $ 270,919.00 B.1. Main Library Grant Funded Scope: One Million, Two Hundred Nineteen Thousand, Nine Hundred Ninety-Three Dollars ($1,219,993.00) Consultant shall invoice the City monthly on a percent complete basis for work completed to date. Basic Compensation per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City. Phase 1: SD $ 217,882.00 Phase 2: DD $ 315,841.00 Phase 3: CD + Permit $ 314,638.00 Phase 4: Bidding $ 18,573.00 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 29 Phase 5: Construction Support $ 333,071.00 Phase 6: Closeout $ 19,988.00 Total $ 1,219,993.00 B.2. Main Library Non–Grant Funded Scope: Two Hundred and Ninety-Seven Thousand Nine Hundred and Eighty-Six Dollars ($297,986.00) Consultant shall invoice the City monthly on a percent complete basis for work completed to date. Basic Compensation per project phase shall not exceed the following portions of the Basic Services compensation by Phase unless approved by the City. Programming, Scoping, Cost $ 297,986.00 Phase 1: SD Phase II Scope Phase 2: DD Phase II Scope Phase 3: CD + Permit Phase II Scope Phase 4: Bidding Phase II Scope Phase 5: Construction Support Phase II Scope Phase 6: Closeout Phase II Scope Total $ 297,986.00 2. COMPENSATION FOR MEETINGS, ENGAGEMENT AND TRIPS: The above Schedules of Cost for Basic Services for PHASE I includes the following Meeting and Engagement Services for all the project meetings that were reasonably deemed necessary by the City at the time of Agreement execution. This includes the travel expenses and ordinary facilitation materials for the specified meetings. If during the progress of the work, additional meetings or trips are requested by the City, these will be compensated for as Additional Services. a. Phase 1 Schematic Design both Buildings and Main Library Non-Grant Programming, Scoping, and Cost; Concurrent meetings: • Conduct up to six (6) Project Management Team (PMT) meetings. • Conduct three (3) technical meetings with Library staff. • Conduct one (1) technical meeting with the Planning Department • Conduct two (2) design/scope review meetings with a Project Steering Committee consisting of representatives from Library Board of Trustees, Library Foundation, and Friends of the Library. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 30 • Conduct one (1) technical meeting each with the Building, Fire, and Police Departments to review the updated schematic code analysis, this may be a joint meeting. • Present once (1) to City Council. • The above meetings will be scheduled collaboratively with the City and will include in-person trips to observe the buildings and site and facilitate in-person meetings. Trips: The engagement activities of this Phase include a total of up to • Six (6) Person trips of the architect • One (1) person trip of the structural engineer • One (1) person trip of the MEP engineers • One (1) person trip of the historic resource architect • One (1) person trip of the hazardous material consultant b. Phase 2 Design Development Concurrent meetings • PMT: Up to six (6) • Integrated Design Workshop (IDW): One (1) • Technical meetings: Up to five (5) with Library Staff, Building and Planning, Fire, Police and Public Works department staff • Project Steering Committee Meetings: One (1) • The City shall provide coordinated written comments on the Consultant’s deliverables that will establish and confirm design direction for Phase 3. • Trips: The engagement activities of this Phase include a total of up to • 5 Person trips of the architect c. Phase 3 Construction Documents Concurrent meetings • PMT: Up to Six (6) • Technical meetings: Up to Six (4) • Integrated Design Workshop: One (1) • Steering Committee Meeting: One (1), • City Council Meeting: One (1), • Trips: The engagement activities of this Phase include a total of up to • 5 Person trips of the architect d. Phase 4 Bidding Concurrent meetings • The Consultant shall attend a pre-bid conference • Trips: The engagement activities of this Phase include a total of up to • 1 Person trips of the architect DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 31 e. Phase 5 Construction Administration, Concurrent meetings • Attend pre-construction conference • Attend construction meetings: Participate in regular weekly Owner- Architect-Contractor (OAC) meetings via web conference or held on-site in conjunction with Architect site visits. . • Trips: The activities of this Phase include a total of up to • Twenty (20) Person trips of the architect • Six (6) person trips of the structural engineer • Two (2) person trips of the MEP engineers • One (1) person trip of the low voltage/av designer f. Phase 6 Closeout Concurrent meetings • Provide one (1) site visit for Punchlist review • Provide up to two (2) site visits for back check to review for general conformance with the design intent of the Contract Documents • Trips: Trips: The activities of this Phase include a total of up to • Three (3) Person trips of the architect • One (1) person trip of the structural engineer • One (1) person trip of the MEP engineers 2. CONCURRENT DESIGN The above Schedules of Cost for Basic Services reflect economies of scale that result from the work of each phase for both buildings being done concurrently in a single coordinated effort. If, the City elects to proceed with project scopes non-concurrently, the Consultant shall be permitted to negotiate Additional services for the added effort. 3. COMPENSATION FOR ADDITIONAL SERVICES 1. Compensation to the Consultant for Additional Services not described in Exhibit A is in addition to compensation for Basic Services and shall be either at the hourly rates in section 3.3 below or made as a negotiated stipulated sum. The rates in 3.3 below will be in effect through December 31st, 2024 and are subject to annual revisions at the start of each calendar year. 2. Additional Services Contingency. This Agreement includes an allowance for other City authorized Additional Services: a. Meetings beyond those described in the Exhibit B, Section 2 b. Trips to the site beyond those described in the Exhibit B Section 2 c. Other related services as determined by City to be necessary to complete the project design and construction administration process. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 32 Additional Services Allowance $50,000 3. Schedule of Professional Services Effective 1 January 2023 Group 4 Hourly Rate Principal in Charge $260.00 Principal $250.00 Associate $230.00 Project Manager $195.00 Architect III $190.00 Architect II $180.00 Architect I $175.00 Architectural Staff III $165.00 Architectural Staff II $155.00 Architectural Staff I $145.00 Interior Designer II / Planner II $155.00 Interior Designer I / Planner I $145.00 Project Support $120.00 -$240.00 Consulting Principal $320.00 Consultants to the Architect will be billed at 1.15 times direct cost. 4. PHASE II SERVICES THAT MAY BE ADDED BY CONTRACT AMENDMENT: The following Phase II Consulting services may be added by the City under separate written proposal with additional fees as approved by the City. Examples of these include: 1. SD-Closeout Services for Main Library Non-Grant Scope. 2. Non-concurrent design of any of the scopes of work. 3. Multiple bid-packages or construction phases 4. Agency/Impact Fees DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 33 5. ALTA/NSPS Survey 6. Entitlement Documents (applications, preliminary plans, etc.) 7. CEQA Initial Study (IS) / Negative Declaration (ND) / Mitigated Negative Declaration (MND) / Environmental Impact Report (EIR) 8. Environmental Technical Reports (e.g. Biology, Cultural, Geology, Traffic, etc.) 9. Phase 1 and/or Phase 2 Environmental Site Assessment 10. Private Utility Locating 11. Construction Staking 12. Potholing 13. Construction Staking 14. Off-Site improvements 15. Off-Site Hydrology 16. On-Site Hydrology Plan and Hydraulics Report 17. Environmental Monitoring Services 18. Construction Phase Hazardous Material Abatement Air Monitoring and Project Oversight 19. Construction Phase Hazardous Material Abatement Report preparation 20. Documenting existing MEP systems beyond major components that are readily visible. Major components consist of HVAC and Electrical equipment and plumbing fixtures and equipment. If accurate As-Built or record drawings are not provided, and additional time is required to verify size and location of ductwork, plumbing piping, electrical wiring, additional fees will be required. 21. Removal of electrical panel covers, disassembly of equipment or removal of building materials required to document existing conditions. 22. Preparation of multiple drawings or drawing set for separate construction phasing 23. Verifying locations of existing underground utilities which transit the site 24. Design of solar photovoltaic systems and energy storage systems and calculations 25. Special effect lighting systems such as Theatrical lighting 26. Temporary power design 27. Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders 28. Emergency engine generator fuel supply systems remote from the generator; engine exhaust air pollution control/abatement systems and permits (AQMD); engine generator cooling/combustion air supply/return systems DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E 55575.18165\32900157.2 Revised: 12.1.2021 34 29. Public street lighting, traffic control, street improvements and offsite utilities 30. Arc flash hazard analysis and protective device coordination study 31. Application or documentation for rebate program(s) other than listed in scope 32. Any coordination or permit application/acquisition for local department of transportation and/or any other agency not shown in the “inclusions” portion of the Scope of Work 33. Detailed or final hydraulic calculations and nodes. Preliminary rough order magnitude calculations to verify if a fire pump is required only. 34. Sizing or design of fire pump system, or alternative water supply (assumed existing system capable of meeting the demand of the new areas) 35. Site drainage and Storm Water Design 36. Preliminary Water Quality Management Plan 37. Hydrology and Hydraulics Report 38. Street Improvement Plan 39. Sewer Improvement Plan 40. Water Improvement Plan 41. Fugitive Dust Control Plan 42. Storm Water Pollution Prevention Plan DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$240.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:Group 4 Architecture Research + Planning Inc DBA: Owner:Group 4 Architecture Research + Planning Inc Mailing Address:211 Linden Ave South San Francisco, CA 94080 License Number:OC-002169-2023 Expiration Date:08/31/2024 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:211 Linden Ave, South San Francisco, CA 94080 Business Description:Architect services TO BE POSTED IN A CONSPICUOUS PLACE DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 8/15/2023 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Helen Jang 626-696-1892 DesignProCerts@AssuredPartners.com License#:6003745 XL Specialty Insurance Company 37885 GROUP4ARC Travelers Property Casualty Company of America 25674Group4Architecture Research +Planning,Inc. 211 Linden Avenue South San Francisco CA 94080 The Travelers Indemnity Company of Connecticut 25682 279935250 B X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y 6803J225448 7/18/2023 7/18/2024 4,000,000 C 1,000,000 X X X NoOwned Auto Y Y BA9R464848 7/18/2023 7/18/2024 B X X 4,000,000YCUP9G2860327/18/2023Y 7/18/2024 4,000,000 A Professional Liability DPR5016254 7/22/2023 7/22/2024 $2,000,000 per Claim $2,000,000 Annl Ag Insured owns no company vehicles;theirefore,hired/non-owned auto is the maximum coverage that applies.The Excess-Umbrella Liability is Follow Form to its underlying Policies:General Liability,Automobile Liability and Employers'Liability. Project #23601-01 Palm Springs Public Library,Renovation Design Services City of Palm Springs,its officials,employees,and agents are named as an additional insured as respects general liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day NOC/10 Day for NonPay of Prem City of Palm Springs Attn:Kim Baker 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA9R464848 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Page ofDATE OF ISSUE: CG T8 03 07 23 1 105/23/2023 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Page ofDATE OF ISSUE: CG T8 01 07 23 1 105/23/2023 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E G R O U P 4 A R C H I T E C T U R E R E S E A R C H + P L A N N I N G , I N C 211 LINDEN AVENUE SO. SAN FRANCISCO C A 9 4 0 8 0 U S A T : 6 5 0 8 7 1 0 7 0 9 F : 6 5 0 8 7 1 7 9 1 1 w w w . g 4 a r c h . c o m J I L L E Y R E S A R C H I T E C T A N D R E A G I F F O R D A R C H I T E C T J O N A T H A N H A R T M A N A R C H I T E C T D A W N E . M E R K E S A R C H I T E C T D A V I D S C H N E E A R C H I T E C T C A R O L Y N C A R L B E R G A R C H I T E C T G A R Y C H I N G A R C H I T E C T H A R D I N G D O W E L L A R C H I T E C T D A N I E L L A R O S S A A R C H I T E C T W I L L I A M L I M A R C H I T E C T T E R E S A R O M A R C H I T E C T 06/09/2023 Assured Partners Design Professionals Ins. Svcs, LLC 3697 Mt. Diablo Blvd, #230 Lafayette, CA 94549 Re: Insurance Compliance – Scheduled Autos To Whom it May Concern: Group 4 Architecture Research + Planning, Inc. owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies (as shown on the Certificate of Insurance). Should this information change by acquiring a company owned auto, we will inform you by sending a revised certificate of insurance. Sincerely, Dawn Merkes Architect, Principal Group 4 Architecture, Research + Planning, Inc DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this methoo, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non-Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part 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 insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury'' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit perioo we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation , and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written not ice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V -DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6803J225448DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6803J225448 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. COMMERCIAL AUTO POLICY NUMBER: 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 modi- fied 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 pro- vided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): 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 ered Autos Liability Coverage in the Business Auto an "insured"for Covered Autos Liability Coverage,but and Motor Carrier Coverage Forms and Paragraph only to the extent that person or organization qualifies D.2.of Section I Covered Autos Coverages of the as an "insured"under the Who Is An Insured provi-Auto Dealers Coverage Form. sion contained in Paragraph A.1.of Section II Cov- CA 20 48 10 13 Insurance Services Office,Inc.,2011 Page 1 of 1 BA9R464848 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E © 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSDADDL WVDSUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER E-MAIL ADDRESS: INSPERITYCERTS@LOCKTONAFFINITY.COM FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Acct#:2832977 8/11/2023 Lockton Companies, LLC 888-828-8365 3657 Briarpark Dr., Suite 700 Houston, TX 77042 Ace American Insurance Co.22667 GROUP 4 ARCHITECTURE RESEARCH PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO, CA 94080-3710 A X C51648547 10/1/2022 10/1/2023 X 1,000,000 1,000,000 1,000,000 30-DAY NOTICE OF CANCELLATION Palm Springs Library WAIVER OF SUBROGATION IN FAVOR OF City of Palm Springs WHEN REQUIRED BY WRITTEN CONTRACT. CITY OF PALM SPRINGS MS. KIM BAKER 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Workers' Compensation and Employers' Liability Policy Named Insured GROUP 4 ARCHITECTURE RESEARCH PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO, CA 94080-3710 Endorsement Number Policy Number Symbol: RWC Number: C51648547 Policy Period 10/1/2022TO 10/1/2023 Effective Date of Endorsement 10/1/2022 Issued By (Name of Insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other thanA. nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below {the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person orB. organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s)C. named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for anyD. incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. We may arrange with your representative to send such notice in the event of any such cancellation.E. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physicalF. address of the persons or organizations listed in the Schedule. This endorsement does not apply in the event that you cancel the Policy.G. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. Authorized Representative WC 99 03 71 (01/11)Page 1 of 1 DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E WC 90 03 75 (05/18) Workers' Compensation and Employers' Liability Policy Named Insured GROUP 4 ARCHITECTURE RESEARCH PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO, CA 94080-3710 Endorsement Number Policy Number Symbol: RWC Number: C51648547 Policy Period 10/1/2022 TO 10/1/2023 Effective Date of Endorsement 10/1/2022 Issued By (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule ( X )1.Specific Waiver Name of person or organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 ( )Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Operations:2. Palm Springs Library Premium:3. The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. Minimum Premium: INCLUDED4. Authorized Agent DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E