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HomeMy WebLinkAboutA6886 - ANDERSONPENNA PARTNERS - WASTEWATER TREATMENT PLANT CP 15-26ARDURRA-01 CERTIFICATE OF LIABILITY INSURANCE I DATE 024 12/30/2024 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, conific,ate does not confer riahts to the certificate holder in lieu of such endorsement(s). _ PRODUCER RECEIVED 1300 Greensboro Drive lu to 980 Mclean, VA 22102 JAN 13 2025 INSURED OFFICE OF THE CI AndersonPenna Partners, Inc. 3737 Birch Street Suite 250 Newport Beach. CA 92660 827-2277 Insurance 827-2279 Iu unmo . -Trareians Property Casualty Company of Amerma, A—. XV 25674 1 ehau FR O. National Fire 8. Marine Insurance Comoamr A+ X 120079 1 COVFRAQFS CFRTIFICATF NIIMRFR• REVISION NUMRFR- 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. MSR TYPE OF INSURANCE AOOL$INSD DBRI POLICY NUMBER MMLDICY EFF MMLICY IXP LIMBS A X'I COMMERCIALGENERA IJABILQY CLAIMSMADE OCCUR 630-5X487435 1/112025 11112026 EACH OCCURRENCE S 1,000,000 DAMAGET(EMISESEREoNTEDmce 1,000,000 L_S—__— X ' Contractual Liab. MED EXP (Any one person) s 15,000 PERSONALaADVIWURY �5 -- 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY J�ECaT LOC GENERALAGGREGATE s 2,000,000 PRODUCTS - COMPIOP AGG S _ 2,000,000 OTHER: S B AUTOMOBILE LIABILITY MBINED COSINGLE LIMIT S 1,060,000 X ANY AUTO 810-SX558309 1%/2025 111*026 BODILY INJURY (Per person) OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per aeaitllml S HIRED NON.pWryEO _ AUTOS ONLY AUTOS ONLY_ ,PRMtl ! AMAGE — S C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 16,010,000 AGGREGATE g 15,000,000 EXCESS LIAB CMMS-MADE CUP-5X1342114 1/112025 111/2026 QED T X RETENTION$ 10,000 C IWORKER$COMPENSATION AND EMPLOYERSL1ABILITY YIN ANY PROPRIETORIPARTNEWEXECUTNE F QQFFFICERMIEMSER EXCLUDED? ierarMa eryInNH) NIA UB-5X489557 111/2026 111/2026 X i PEAT ORH—_ 1,000,000 EL EACH ACCIDENT —5 E.L. DISEASE -EA EMPLOYEES 1,000,000 I If es aesw>e urme, DESCRIPTION OF OPERATIONS below EL DISEASE -POLICY LIMIT S 1,000,000 D Professional Liab. 2-EPP-306878-07 111/2025 111/2026 Per Claim/Aggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more span is rpuimM RE: All operations as performed by the named Insured. The City of Palm Springs, its officials, employees, and agents are included as additional insured with respect to General Liability and Auto Liability when required by written contract. General Liability is primary and noncontributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. Workers Compensation and General Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONSULTING SERVICES AGREEMENT STATE REVOLVING FUND APPLICATION ASSISTANCE WASTEWATER TREATMENT PLANT: BIOGAS TO ENERGY PROJECT CITY PROJECT NO. 15-26 THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on 2016, by and between the City of Palm Springs, a California charter clWand municipal corporation ("City"), and AndersonPenna Partners, 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 has determined that there is a need for professional assistance in the preparation of applications forms, documents, financial and technical assistance in the submittal of a funding request to the California State Water Resources Control Board for a government loan of as much as $5 Million from the Clean Water State Revolving Fund (SRF) Program to finance the construction of the City of Palm Springs Wastewater Treatment Plant Biogas to Energy Project, City Project No. 15-26, (the `Project'). B. Consultant has submitted to City a proposal to provide professional services to City for the Project 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. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide professional services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/ Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 720599.1 ORIGINAL BID Revised:5/5/16 AND/OR AGREEMENT 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $24,770. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or 2 Revised 515116 720599.1 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. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. 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. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on September 1, 2016, and ending on August 31, 2017, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as 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. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 3 Revised:5/5l16 720599.1 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Angel Lucero, Principal-in-Charge. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Sudi Shoja, PE Project Manager 4 Revised:515/16 720599.1 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desion Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims, judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the 5 Revised:515116 720599.1 negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub- contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-design-professional sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. B. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 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. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for Revised:5/5116 720599.1 three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 7 Revised'.515116 720599 1 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, gender identity, gender expression, national origin, physical or mental disability, medical condition, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first- class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Angelique M. Lucero, Principal AndersonPenna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Telephone: (949) 428-1500 Facsimile: (949) 258-5053 Email: alucero@andpen.com g Revis d.5/5116 7205N9 I 11.2 Intearated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 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. 11.7 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. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 9 Revised:5J5l16 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By. David H. Ready City Manager APPROVED BY CITY MANAGER APPROVED AS TO FORM: ATTEST By: By: Dougla Holland, mes Thompson, City A orney City Clerk "CONSULTANT" AndersonPenna Partners, Inc. Date: TK?y 4, By : L\S,4 Fj��ntNA (name) 'mot" (presi ent) Date: YIgL/ia�,t. fit. (,Gct t-o (na e)U ( 10 Revis d 515116 720599 1 CALu OMM AL4PINIl•Oi111111 CIM CODE;i11eo A notary pubk or other officer oanpetYg dit Der*6 vexes ony the Wardiry of the Individual who signed tta doeuneot to which this certificate is attached,and not the huthh*=&sodracy,or validity of that docurnent. State of California ) Cats"of D�� On Soh zz - 2n1� before me ) �;D T_ 6Z(lllU Dare We insert Alms and TMe or the ofii personally appeared /S 1M- He� " ic-�' Nairrieft)of f.V who proved to ms on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aclenowieclged to me the hafsheMW executed the same in Fhisllher/their authorized capacky(ies).and that by hlslherAhalr signalurgs)on the instrument the peraon(s). or the entity upon behalf of which the persan(s)acted,executed fhe instrument. I certify uder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph _ is Nue and correct. ANTONIO IOSEPH BELELLO COMM# 2125847 D WITNESS my hand and Official seal. ORANGE COUNTY D Q J NOTARY PUBLIC-CAUFORNIA Z Q MY COMMISSION EXPIRES Signstuni 3EP. 04, 201 i_ _ Slgneft"of Wary Public Place Notary Seal Above OP1Lp1"11. Though tits section Is optional, oormpAeting era Information can deter akerauon of the document or haudulent reattachment of this form to an unintended document Description of Attached Documerd Title or Type of Document Document Date: Number of Pages: Signer(s) Other Then Named AW" CspscWj0*Claimed by ) Signer's Name: Signer's Narne: ❑Corporate Officer— Tkie(s): ❑Corporate Officer —Tkta(s): ❑Partner — ❑Limited ❑General ❑Partner— ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney In Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ 0111W.. Signer Is Representing: Signer Is Representing: 02015 National Notary Association•www.Nadarabotary.org•1-ND-US NOTARY(l-8DM76-W7) ibsm I5907 1 i Revised.5/5/16 7205W I EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 12 Revised 515116 720599.1 Proposal to Provide Professional Engineering and Consulting Services for State Revolving Fund & Green Project Reserve Grant Application Assistance s : oo - July 19, 2016 Submitted by: ANDERSON • PENNA • PARTNERS IN PROJECT DELIVERY . 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92550 • (949) 428-1 500 1 225 W. 190TH STREET, SUITE 255 • GARDENA, CA 90248 • 3 1 O 359 1 203 WWW.ANDPEN.COM ANDE16ON • PENNA PARTNERS IN PROJECT DELIVERY • July 19,2016 Mr.Marcus Fuller,MPA,PE,PLS Assistant City Manager/City Engineer 3200 East Tahquitz Canyon Way Palm Springs,CA 92262 Subject: Proposal to Provide Professional Engineering Services for State Water Resources Control Board State Revolving Fund&Green Project Reserve Application Assistance Dear Marcus, AndersonPenna Partners,Inc.welcomes this opportunity to submit our proposal to prepare a second state revolving fund application for the City of Palm Springs. Our proposed project manager Sudi Shoja,PE is a former City Engineer/Assistant Director of Public Works who brings more than 25 years of municipal engineering responsible for budgeting,and management of Capital Improvement Programs and special projects,fund administration and formation and administration of various types of assessment districts. The proposed AndersonPenna project team led by Sudi has extensive experience in securing and managing various federal, state and local funds and bond measures including more than$200 million in state revolving fund loans for various capital improvement projects.This same team is in the process of finalizing a$29 million SRF loan forthe City's waste water treatment project. We look forward to this opportuning to continuing to work with the City to obtain an additional SRF loan for the Cogeneration improvements associated with the 10.9 MGD Wastewater Treatment Plant.Please contact me if you have any questions or would like additional information at(714)504-2753 or aluceropandpen.com. Respectfully submitted, AndersonPenna Partners,Inc. Angel Lucero Chief Financial Officer 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92560 - 949 428 1 500 WWW.ANDPEN.COM 1 225 W 190TH STREET, SUITE 255 - GARDENA, CA 90248 - 31 0 359 1 203 CERTIFIED DBE Professional Engineering Services for State Water Resources Control Board State Revolving Fund& ai Green Project Reserve Grant Application Assistance 1 . Approach to Scope of Work Project Understanding APP understands that the City is constructing a cogeneration plant associated with the 10.9 MGD Wastewater Treatment Plant. Project Approach Three key submittals will be required to be approved by both the City of Palm Springs and the SWRCB:Financial, Environmental and Technical.In our experience,review times can span several months.The City of Palm Springs may proceed with construction without the approval,but any construction costs incurred prior to the preliminary approval will not be eligible for reimbursement. APP's Project Manager Sudi Shoja,PE is the ideal candidate to shepherd the documents through both agencies'approval processes.Consistent contact with SWRCB staff is required to ensure that documents receive timely attention,and that all necessary documents and supporting documents are supplied as quickly as possible.In our experience,one to three trips to Sacramento to meet face-to-face with staff materially expedites processing.We would be available to support the City of Palm Springs with these meetings in the event the schedule appears to drawing out. Our approach to the SRF application will be to immediately become familiar with all available documentation and contact the SWRCB to register the project and discuss the project with the SWRCB assigned project manager.Sudi will arrange a kick off meeting and will review all the information that the City has put together. To qualify for the Green Project Reserve grant funding,her first task will be to compile the Technical submittal information. She will submit the General Application and Technical Application Packages and stay in contact with the SRF Project Manager to receive approval. In the meantime,we highly recommend that the City prepare the Environmental documents for the project.Such will then work on preparation of the Environmental Application Package.Immediately following the submittal of the Environmental package,the Financial Package will be prepared for the financing team's review.Sudi will be in direct communication with the City offices such as the Finance and Administration,and Legal and Engineering departments.As the Project Manager,Sudi will make sure that City reviews all the application sections before submittal and that all the submittals meet and exceed the requirements. Sudi will be responsible for day-to-day contact with SWRCB staff.As questions arise,she will coordinate with the appropriate project team member to prepare a timely response.Every effort will be made to meet the City's schedule. Certain City Council Resolutions will need to accompany the submittals,and Sudi will work with the City's representatives to prepare these resolutions,and will work with City staff to prepare any necessary staff memorandums. Once approvals are received,Sudi will work with City staff to finalize the financing agreement.It is critical that the not-to-exceed fee in the agreement fully addresses contingencies,because under no circumstances will the loan payout in excess of the not-to-exceed fee. As construction begins,APP can assist the City in requesting reimbursements,and in establishing the necessary Funds to account for the proceeds. ANDERSON•PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& W17 Green Project Reserve Grant Application Assistance 2. Statement of Qualifications APP specializes in project delivery for local and regional public agencies and special districts throughout the western United States.With an emphasis on practical,proven and cost-effective solutions,APP capabilities range from local agency public works improvements,to major transportation projects and public building facilities projects,as well as managing multi- project capital improvement programs for public agencies.Our team of professionals provides assessment district engineering,civil engineering planning and design,construction oversight and inspection,project and construction management,and grant application and management. Following are a portion of the SRF Grants APP has successfully obtained: Agency Project Funded Funding Value Mechanism South Coast Water District Tunnel Rehabilitation and Clean Water SRF $103million Michele Collins,Contracts Officer Replacement Project City of Vista 14 projects as identified in Sewer Clean Water SRF $26 million Larry Pierce,Former Public Works Director Master Plan (Retired)(760)525-8651 City of Vista Application submittal for 5 Clean Water SRF $31 million Larry Pierce,Former Public Works additional projects identified in the Director(Retired)(760)525-8651 master plan City of La Canada Flintridge Sewer Master Planning Areas 3A Clean Water SRF $27 million Mark Alexander,City Manager(818) and 3B 790-8880 City of La Canada Flintridge Sewer Master Planning Areas 5A Clean Water SRF $40 million' Mark Alexander,City Manager(818) and 56 790-8880 City of Palm Springs 10.9 MGD Wastewater Treatment Clean Water SRF $29 million Mr.Marcus Fuller,MPA,PE,PLS Plant Assistant City Manager/City Engineer TOTAL $256 million 3. Project Team As Project Manager,Sudi Shoja,PE will be primary point of contact to the City of Palm Springs and financing/engineering team for the Cogeneration Plant SRF application. She will personally oversee this project and any additional contract work that APP performs for the City. In this capacity,she will work with City staff to establish a schedule and scope of work,as well as assistance with various resolutions that will need to be considered by City Council as part of initiating the SRF process. She will also be personally responsible for compiling the loan application for the City's approval, Z I' "j % 1 ANDEKSON-PENNA t 4 Professional Engineering Services for State Water Resources Control Board State Revolving Fund& Green Project Reserve Grant Application Assistance Team Organization qIF VALM s ORN�P Sudi Shoja,PE Project Manager -- Angel Lucero Principal-in-charge/Quality Control Debby Cobb Dennis Jue,PE Administrative Support Engineering Support ---(optional support) sl e ANDERSON-PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& +1 Green Project Reserve Grant Application Assistance Asa former City Engineer/Assistant Director of Public Works Sudi brings more than Sudi Shoja, PE, F. 25 years of municipal engineering responsibility for budgeting,and management of ASCE Capital Improvement Programs and special projects,Fund Administration and Project Manager formation and administration of various types of assessment districts. She is considered one of the most innovative in securing grants and has providing advice Education and resources for various agencies.The 2012 grant applications submitted on behalf M.S.Civil Engineering of the County of Orange was considered one of the best written grants and posted on CA PE#42958 FHWA website as an example.Her administration skills have ensured successful Professional Affiliations audits of all grants managed in her tenor. American Society of Civil Engineers- She has an extensive experience in securing and managing various federal,state and Fellow Member local funds and bond measures.Following are some of the transportation grants she successfully secured for various agencies:FTA New Start,Highway Rail Crossing American Public Works Association Safety Account(HRCSA),Community Development Block Grant(CDBG),Highway —ChapterchairforEmergency Safety Improvement Program(HSIP),Bicycle Transportation Account(BTA),High Management Committee Priority Projects(HPP),Transportation community and System Preservation (TCSP), Orange County Disabilities and Recycled Asphalt Concrete(RAC),Local Tax Measures and various Propositions,State Access and Functional Needs Revolving Funds(SRF),FEMA,Cal-EMA,and numerous other grants from regional Working Group agencies. Sheriff Hutchen's Community Sudi has also been very successful in obtaining grant funding for environmental, Advisory Council creek and trail restoration projects from various funding sources. Such has a lot of experience in many different grants such as Grade Separation and grants for Laguna Niguel Citizen Emergency Emergency Preparedness including FEMA,Cal-EMA and those through private Response Team foundations and organizations. Years of Experience Moreover,she has also held numerous leadership positions with professional Entered the profession in 1988 associations and philanthropic organizations. RELEVANT EXPERIENCE Clean Water Act State Revolving Fund Loan South Coast Water District,Laguna Beach,CA.Project manager responsible for preparing loan application materials for the District's Tunnel Rehabilitation and Replacement Project.Assisting staff with the preparation of environmental,project and financial packages to secure a$102-million Clean Water Act state revolving fund loan from the State Water Resources Control Board. South Coast Water District,Laguna Beach,CA.Providing on-call grant tracking and grant writing support for the District. Currently have two grant applications pending,and tracking several upcoming grant releases including November 2014 Proposition No.1 opportunities. Municipal Engineering,City of Vista,CA.City Engineer/Assistant Director of Public Works responsible for the budgeting, scheduling and implementation of the annual S60 million Vista CIP program with a staff of25.Successfully secured multiple annual grants to fund CIP projects and other projects that resulted in conversion of staff charges from general funds to enterprise funds. • Part of the management team overseeing$110 million of sewer system improvements,including a successful rate increase process,design,construction and maintenance of the system.Secured$26M in State Revolving Funds(SRF) for 14 projects and submitted for additional$31ML SRF applications before departure from the City.This resulted in abandoning the bond option and pursuing the SRF loan options for the entire program.This translated to 41r , :, :, ANDERSON.PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& Green Project Reserve Grant Application Assistance substantial savings for the City.Such worked directly with State staff to process the applications,establish City's financial capacity for loan repayment,and meet and discuss the project to expedite the process. • Member of the leadership management team responsible for development of successful ballet measure for 1/2cent tax increase that resulted in a$100ML bond measure towards construction of a new city hall,two fire stations and a park complex • Responsible for formation and administration of all aspects of various assessment districts including coordination of the process with various city and outside stakeholders including financial advisors and bond council, holding community meetings and council presentations to provide methodology,cost estimates,contributions,and engineering reports,design and construction of all work. • Responsible for management of all right-of-way acquisitions within assessment districts and for all capital improvement projects,negotiations and settlements. • Responsible for daily activities of Design and Contract Administration,Construction Management of CIP and sewer program,Right-of Way Division,Storm Water,and Traffic Engineering. Municipal Engineering,City of Santa Ana,CA.Managed complex projects from conceptual planning to project completion. • Actively involved in the planning and development of CIP and grant application process. • Established a financial reporting system for tracking budget,grant funding and staff time. • Supervised the staff effort that led to the recovery of$2 million of City funds and earned an Exceptional Quality Service Award. • Responsible for process improvement and implementation of liability prevention and customer service measures. • Responsible for the development of the Public Works component of the Santa Ana Property Information Network (SAPIN)and supervised the department's internal database systems. • Agency liaison to Historical Resources commission and Santa Ana Unified School District. • Recommended and implemented staff cross-training program to achieve improved customer service. Established the Omnibus contract procedure to maximize construction funding and scheduling of public improvements. Authority Tier 2 Environmental Cleanup Program and a State Water Resources Control Board Proposition 84 stormwater grant. sl: � \ ANDERSON•PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& W,0,% Green Project Reserve Grant Application Assistance Angelique M. Ms. Lucero brings over 29 years of experience in finance, public works funding, assessment district formation and administration, grant management, project Lucero management,and project administrative support to local agencies. Ms. Lucero has Principal been Chief Financial Officer for AndersonPenna Partners since its inception in 2005. Her responsibilities include management of financial statements and accounting; Education banking arrangements; insurance, IT and employee benefit procurement; human BS/1984/Business,Finance/ resources and proposal management/preparation. California State Universityat Long Beach In addition,Ms.Lucero has assisted more than 70 public agencies and private interests in preparation of assessment engineering and Mello-Roos community facilities Years of Experience district documentation, ongoing administration of assessment districts and CFD's, Entered the profession in 1984 coordinating state and federal grant applications and the ongoing administration of funds received, and support in the development of short and long-term capital improvement programs. Her resume also includes the preparation of fee and rate studies, as well as the formation and administration local improvement districts in California,Nevada and Arizona. Ms.Lucero has been responsible for overseeing environmental compliance and permitting,preparing race neutral and race conscious Disadvantaged Business Enterprise documentation for public agencies,and policy procedure manuals. RELEVANT EXPERIENCE South Coast Water District,Laguna Beach,CA.Principal-in-charge forthe preparation and management of a$102 million SRF loan application for the Beach Interceptor Sewer Tunnel located between Three Arch Bay and Aliso Creek Beach, South Coast Water District,Laguna Beach,CA.Providing on-call grant tracking and grant writing support for the District. Currently have two grant applications pending,and tracking several upcoming grant releases including November 2014 Proposition No.1 opportunities. City of La Canada Flintridge,CA,State Water Resources Control Board State Revolving Fund Loans:Project Manager responsible for preparing necessary documentation to obtain three loan commitments through the State Revolving Fund administered by the State Water Resources Control Board.The funds are being used to construct$60 million in sewer line improvements in the City,with another loan request of at least$40 million scheduled to occur in 2009.Angel has been responsible for working closely with City Council and the engineering and financing teams in order to complete the necessary loan packages which include: • Exploring economic stimulus opportunities with SWRCB ■ Assisting the special resolutions,project reports detailing project alternatives and cost estimates,compiling environmental,financial and legal documentation,and numerous tables • Revenue strategies ■ Setting up and attending meetings with SWRCB staff and City Council members,and presentations to City Council and property owners • Preparing and implementing public outreach programs for the first two project areas. North Coast Railroad Authority:As NCRA's on-call planner and financial consultant,responsible for completing special projects including: ■ Exploring economic stimulus opportunities and preparing TIGER,ISTEA,and SAFETEA-LU reauthorization grant applications. 61 ., : \ ANDEFSON-PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& 10 111 Green Project Reserve Grant Application Assistance • Compiling and processing an application with the Federal Railroad Administration for a Railroad Rehabilitation Infrastructure Financing loan. ■ TCRP grant applications to program more than$40 million,including meeting with Caltrans District and Headquarters and California Transportation Commission staff. • Project administration including the invoice review,scheduling,financial modeling for a$40 million rehabilitation program. ■ Preparing theirfirst Disadvantaged Business Enterprise Program documentation. ■ Preparing a Policies and Procedures Manual to incorporate state and federal regulations. • Coordinating information and drafting/finalizing NCRA's strategic plan and subsequent updates • As an extension of staff,managing the environmental assessment process including the release of an extensive Environmental Impact Reportfor a four-county area. City of Irvine On-call Consulting:Responsible for administering the day-to-day activities of the City's capital facilities funding program as an extension of city staff.Responsibilities include: ■ Staff report preparation and coordination with departments. ■ Coordination with the City's financing team including public works and finance staff,attorneys,underwriters, financial advisors,appraisers,and economists to address specific issues,changes,and formations of the city's 16 assessment districts and community facilities districts. ■ Being in City Hall to answer questions and address specific needs. ■ Working closely with City staff to keep them informed of pertinent issues including the preparation of multiple financing schedules,recordation and noticing requirements,and financial documentation 7Ir : , • \ ANDERSON-PENNA Professional Engineering Services for State Water Resources Control Board State Revolving Fund& o -, Green Project Reserve Grant Application Assistance 5. Project Fee The proposed fee is time and materials for a not to exceed amount as shown below.Invoices will be submitted monthly as work progresses and are due in 30 days. Fee Proposal State Revolving Fund Application - Cogeneration Plant Project Principal Manager Admin Total Total Task $ 140.00 $ 140.00 $ 85.00 ODCs* Hours Fee 1-Project Management and Meetings 12 60 4 76 $10,420.00 2-Clean Water SRF Submittals 4 80 12 96 $12,780.00 3-Meet with SWRCB in Sacramento(optional) 8 450.00 8 $1,570.00 Total Fee $2,240.00 $20,720.00 $1,360.00 $450.00 -- $24,770.00 Total Hours 16 148 16 180 ;Total Not-to-Exceed Fee : r $24,770.00 *Travel expenses at cost sl ANDERSON•PE NNA EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 13 Revised:515116 720599 I INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is required. 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability 14 Revwd 5/5116 720599.1 Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 6. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 2. "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). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 15 Revised:5f5f16 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 16 Revised:5/5116 720599.1 A 6 g g� A- 6� q O ARD KGODWIN a . R CERTIFICATE OF LIABILITY INSURANCE DAT113/2 D 11.3 �/ /3/2023 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 PRODUCER Nxpr_' Ames & Gough PHONE FAx HVC. No, Ex1): (703) 827-2277 (AK:,N 8300 Greensboro Drive Suite 980 ADDRESS. admin@amesgough.com McLean, VA 22102 INSURER(S) AFFORDING COVERAGE INSURERANalley Forge Insurance Company A(X INSURED INSURER S: National Fire Insurance Company Of Hartford AndersonPenna Partners, Inc. INSURER c:Continental Insurance Company A(XM 3737 Birch Street, Suite 250 INSURER D National Fire & Marine Insurance Con Newport Beach, CA 92660 -- INSURER E COVFRAr-0FS CFRTIFICATF NIIMRFR• RFVISION NIIMRFR- 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. w3R TYPE OF INSURANCE ADDL SUBR VIVID POLICY NUMBER POLICY' EFF POLICY upINSO LYE A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE ❑X OCCUR 6075640222 111/2023 1/1,2024 DAMAGE TO RENTED E 1,000,000 X MEDE)UP(Arywepenican 6 15,000 Contractual Liab. PERSONAL&ADV INJURY If 1,000,000 GENL X AGGREQATE LIMIT APPLIES PER POLICY J&y171 LOC GENERAL AGGREGATE E 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 il S OTHER I B AUTOMOBILE LIABILITY COMBINEDIINGLEIJMIT $ 1,000,000 BODILY INJURY (Peaperson) E X ANYAUTO 607SU0236 1/1/2023 1/1/2024 AUTOSONLY SCHEDULED AUTOS BODILY INJURY Per accident S g e 1 AGE E HIRED ONLY ANRROS ONEOV S C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 15,000,000 AGGREGATE 15,000,000 EZCESS L" CWMS-MAOE 6075640270 11112023 111/2024 DIED I X RETENTIONS 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTNE OFFICERRAEMBER EXCLUDED? [NJ (Mandatory in NH) NIA 075640253 111I2023 1N12024 X PER OTN UTE EL EACH ACCIDENT E 1,000,000 EL DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 nyes desolteumer DESCRIPTION OF OPERATIONS helmv D Professional Liab. 2-EPP-306878-05 111/2023 1/1/2024 Per ClaimlAggregate 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached If more apace u mqumad) RE: All operations as performed by the named Insured. The City of Palm Springs, its officials, employees, and agents are included as additional insured with respect to General Liability and Auto Liability when required by written contract General Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract Workers Compensation and General Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. Pi N O (L �O �� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI of Palm Springs J THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CityACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Cky Hall Palm Springs, CA 92262 Reception Desk AUTHORGED REPRESENTATIVE ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A AMES & GOUGH 2023 RE: Requesting Emails for Certificate of Insurance Distribution or Notification to Discontinue Dear Certificate Holder: Based on the trends from 2020 and 2021, several companies are transitioning into remote work on a more permanent basis. In order to maintain a successful delivery system for certificates of insurance, Ames & Gough has decided the most efficient method to be email distribution upon renewal. To ensure a timely delivery, we request that you provide an email to be added to the certificate on file. Please either write on the attached certificate of insurance with your information, OR provide the holder name, address and any project or reference numbers directly below: Insured name: Certificate holder name: Project name or reference if applicable: Email address for future delivery: Certificate is no longer needed: Return whichever form you have completed via email or fax listed below. This information can also be found on the upper right-hand corner of the certificate. Email: admin@amesgough.com Fax:703-827-2279 Please contact Allison Buytenhuys at 703-827-2277 or abuvtenhuvs@amesgough.com with any questions. Thank you. Sincerely, Ames & Gough 8300 Greensboro Drive, Suite 980, McLean, Virginia 22102 Telephone: (703) 827-2277 Facsimile: (703) 827-2279 E-Mail: info@amesgough.com ARDURRA-01