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HomeMy WebLinkAboutA6790 - DESIGN WEST ENGINEERING INC - ON-CALL ELECTRICAL ENGINEERING SVCSGMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Charise M. Ferguson GMGS Risk Management & Insurance Services CA License #OB84519 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Office: 949-559-3367 1 Fax: 949-559-3397 charisef@gmgs.com MAIL DOCUMENT Certificate Of Insurance Delicen b) eeertsonllne Sender: Charise Ferguson Phone: (949) 559-6700 Subject: Des West Engineeriof Liability Insuranc84246867 gn Date: 3/5/2025 No. of Pages: 5 URL: ywyw.gmgs.com RECEIVED MAR 12 2025 OFFICE OF THE CITY CLERK THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMEDIATELY BYTELEPHONE. AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecertsonlineTM Insurance Visions, Inc. All rights reserved. oRo® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 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). CONTACT PRODUCER NAME: Blanca Rogue GMGS Risk Management & Insurance Services PHONE E 949 559-3369 FAX No: 949 559-670: 6201 Oak Canyon, Suite 100 E-MAIL s: blancar m s.com Irvine, CA 92618 �o www.gmgs.com OB8fMCEIVED INSURER A: Travelers Property Casualt Co of America - A++XV 25674 INSURED INSURER B : QBE Insurance Corpora ion - A XV 39217 Design West En ineering 2025 INSURERC: 412 E. Vanderbilt Wayy MAR 12 San Bernardino CA 92408 INSURERD: OFFICE OF THE CITY CLERY INSURER EINSURERF: oCVICII'1W 6111MRFR• COVERAGES GtKIIFII:AIt Ivunlacic: 04z4000I ------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ADDL WBR POLICY NUMBER 680-1J809796-25-47 POLICY EFF MM/DDIYYYY 3/6/2025 POLICY EXP MMIDD/YYYY 3/6/2026 LIMITS CCURRENCE $1,000,000 E TO RENTED ES Ea occurrence $ 1 OOO OOO P (Any one person) $ 5,000 AL & ADV INJURY $ 1 000,000 L AGGREGATE !BODILY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CTS-COMP/OP AGG $2,000,000 A OTHER. AUTOMOBILE LIABILITY BA-4R569123-25-47-G 3/6/2025 3/6/2026 ED SINGLE LIMIT ident $1 OOO OOO INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A �/ B �DEDRETENTION �/ OCCUR CLAIMS -MADE CUP-1 J811896-25-47 3/6/2025 3/6/2026 EACH OCCURRENCE s5,000,000 AGGREGATE $5,000,000 PER OTH- STATUTE ER $ WORKERS COMPENSATION E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N 1 A B If yes, describe under DESCRIPTION OF OPERATIONS below Professional Liability Claims Made RetroActive Date: 2/1/2000 ANE37245-03 3/6/2025 3/6/2026 E.L. DISEASE - POLICY LIMIT $ $5000000 Each Claim $5:000:000 Aggregate $100,000 Each Claim Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Palm Springs Library Renovation DWE Project # 23-308 As respects General Liability coverage, City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured and this insurance is primary, per CGD3810915 attached. As respects Automobile Liability coverage, City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured, per CAT4200215 attached. City of Palm Sprin s 3200 E. Tahquitz anyon Way Palm Springs CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Paul Bland ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 84246867 1 "25-26 A/G/U/XS/E&O I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) i Page 1 of 4 Design West Engineering 680-IJ809796-25-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. if, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: ee. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to orovide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 84246867 1 "25-26 A/G/U/XS/E&O I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) Page 2 of 4 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed; a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission CIS D3 81 09 15 84246867 1 —25-26 A/G/U/XS/Es0 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) I Page 3 of 4 West Engineering COMMERCIAL AUTO 569123-25-47-G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORE" GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during,the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. R. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an 'insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission 0008QB 84246867 1 "25-26 A/G/U/XS/cs0 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) I Page 4 of 4 TIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 1 3/5/2025 TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS Y OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES \NCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 'HE CERTIFICATE HOLDER. I ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. he terms and conditions of the policy, certain policies may require an endorsement. A statement on e certificate holder in lieu of such endorsement(s). ;e Services 519RECEIVEDINSURER CONTACT NAME: Blanca Roque PHONE 949 559-3369 a/c No: 949 559 6703 E-MAIL ADDRESS: blancar m s.com INSURERS AFFORDING COVERAGE NAIC # A : Travelers Property Casualty Co of America - A++XV 25674 MAR 12 2025 CE OF THE CITY CL INSURER B : QBE Insurance Corporation - A XV 39217 INSURERD: INSURER E : WKRF: _. __.._irwTc aula#ece• o.n.cocc REVISION N1Witi" : li V Y Gr�M V GJ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE JADULNSO WVD SUER POLICYNUMBER MMIDD/YYYY MMIDD//YYYY LIMITS A �/ COMMERCIALGENERALLIABILIT'Y 680-1J809796-25-47 3/6/2025 3/6/2026 EACH OCCURRENCE $1,000000 CLAIMS -MADE a OCCUR DAMAGE E PREMISES a occur ence $ 1 000 000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 POLICY ❑ P O LOC OTHER: AUTOMOBILE LIABILITY BA-4R569123-25-47-G 3/6/2025 3/6/2026 COMA (Ea acccidentINED SINGLE LIMIT $1 000 000 BODILY INJURY (Per person) $ ✓ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE Per accident $ ✓ AUTOS ONLY ✓ AUTOS ONLY A UMBRELLA LIAR / OCCUR CUP-1J811896-25-47 3/6/2025 3/6/2026 EACH OCCURRENCE $5 000 000 AGGREGATE $5,000000 ODEI, EXCESS LIAR CLAIMS -MADE RETENTION $ $ H _ WORKERS COMPENSATION STATUTE ERER E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability ANE37245-03 3/6/2025 3/6/2026 $5,000,000 Each Claim Claims Made $5,000,000 Aggregate RetroActive Date: 2/1/2000 $100,000 Each Claim Retention DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As respects General Liability coverage, The City of Palm Springs, its officials, employees, and agents are added as Additional Insured and this insurance is primary, per CGD3790219 attached. As respects Automobile Liability coverage, The City of Palm Springs, its officials, employees, and agents are added as Additional Insured, per CAT4200215 attached. GERTIFIGA 1 E KVLUEK V/117liGGGM r IV - City of Palm Springs 3200 E. Tahqultz Canyon Way Palm Springs CA 92 62 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ Paul Bland U 1955-2015 AGUKU GVK1-UKA I IVIV. An rlgnts reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 84246868 1 **25-26 A/G/U/X$/Es0 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) I Page 1 of 5 AGENCY CUSTOMER ID: LOC #: �® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Management & Insurance Services GMGS Risk Mana 9 NAMED INSURED Design West Engineering 412 gE. Vanderbilt Way San Bernardino CA 82408 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL RCIVIHRr\J THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (03/16) HOLDER: City of Palm Springs ADDRESS: 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 As respects General Liability coverage, a Waiver of Subrogation is hereby included, per SB300176B attached. ACORD 101 (2008/01) U 2008 AGUKD cUMIUKA I IUIV. Au ngnis reserves. The ACORD name and logo are registered marks of ACORD ADDENDUM 84246868 1 —25-26 A/G/o/XS/S60 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) 1 Page 2 of 5 Design West Engineering D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION 11— WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II —WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II — Who Is An Insured, each such C6W- RFRE_6�qERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 1. The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION II — WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for "bodily injury", "property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 3 of 6 84246868 1 "25-26 A/G/U/XS/E60 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) I Page 3 of 5 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the rninirnurn limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury' or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury' or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or ornission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 U 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CG D3 79 02 19 84246868 1 "25-26 A/G/U/XS/ESO I Charise Ferguson 1 3/5/2025 1:35:02 PM )PST) I Page 4 of 5 Design West Engineering BA-4R569123-25-47-G COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during,the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section ll. R. EMPLOYEE HIRED AUTO H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 1. The following is added to Paragraph A.S., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 000929 84246868 1 ' 25-26 A/G/U/XS/E60 I Charise Ferguson 1 3/5/2025 1:35:02 PM (PST) I Page 5 of 5 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ELECTRICAL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this 21" day of October , 2015,by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Design West Engineering, Inc., a California corporation (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Electrical Engineering Services for a variety of future public works projects, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Electrical Engineering Services for a variety of future public works projects to City pursuant to 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 herein. 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: 1.0 SERVICES OF CONTRACTOR 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" which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 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 Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents'). The City's Request for Proposals and the Consultant's Page 1 of 18 Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal 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: (1') the terms of this Agreement; (2"d) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3rd) the provisions of the City's Request for Proposal (Exhibit "B"); and, (41") the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants 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 and Services required by this Agreement. Consultant represents and warrants 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 Services 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 and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants 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 warrants 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 hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, 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 thereof to prevent losses or damages, and 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. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both 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 Performance of Services. City Manager or the City Engineer of the City, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or Page 2 of 18 additional work beyond that specified in theScope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of city projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the City Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of city projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders' (Purchase Orders) with corresponding Not-to-Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a city project requiring the services of the Consultant. Page 3 of 18 By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required services (pursuant to Schedule "D") necessary for city projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based 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 a soon thereafter 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 the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/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 therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 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 Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to 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 Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the Page 4 of 18 causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect through December 31, 2018. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Leo Maya, P.E. 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 such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Aqainst Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. 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 subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor 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 herein 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 hereunder 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 hereunder without the express written consent of City. Page 5 of 18 4.4 Independent Contractor. A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act 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. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. 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 hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its 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 herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder 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 Page 6 of 18 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 pursuant to (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 pursuant to 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, 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 subcontractors, 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 contractors, 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. Page 7 of 18 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager 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 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 pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects 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. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 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. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (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. 5.3.5 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 herein. 5.3.6 Consultant agrees to ensure that subcontractors, 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 subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 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 Page 8 of 18 imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein 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. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor 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 intended by any party or insured to be limiting or all-inclusive. 5.3.10 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 impairs the provisions of this section. 5.3.11 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. 5.3.12 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 herein 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: Page 9 of 18 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. 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. 6. INDEMNIFICATION 6.1 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. 6.2 Design 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, Page 10 of 18 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 negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims' shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. Consultant shall require all non-design-profession 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 6.1 in favor of the Indemnified Parties. In additions, 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. 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 Reaorts.Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. Page 11 of 18 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, 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, and 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 hereunder. 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 damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 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. 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 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice Page 12 of 18 provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. 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 any and 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 herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. 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 8.4.13, take over the work and prosecute the same to completion by contract or otherwise, and 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), and 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 herein. 8.5 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 hereof. 8.6 Ri-ghts 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. 8.7 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Page 13 of 18 8.8 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, including but 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. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it 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 race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be 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. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. 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, 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 thereof 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 Page 14 of 18 negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or 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. 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 Notices. All notices or other communications required or permitted hereunder shall be in writing, and 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, and 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, 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 3200 E. Tahquitz Canyon Way Palm springs, California92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Design West Engineering Attention: Leo Maya, P.E. 275 W. Hospitality Ln., Ste. 100 San Bernardino, CA 92408 Telephone: (909) 890-3700 Facsimile: (909) 890-3770 Email: Imay@designwesteng.com 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but 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 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. Page 15 of 18 10.6 Third Party Beneficiary.Except as may be expressly provided for herein, 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 hereto. 10.7 Recitals.The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein 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 warrants 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. (SIGNATURES ON FOLLOWING PAGE) Page 16 of 18 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA ` B / City Clerk City Ma Date: Date: i By :: City Engineer Date: t Q-3 1 APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: By /� ��� Date: ko• 1• Agreement No. Ab_AD City Attorney �kem Date: CONSULTANT Name: Design West Engineering Check one: _Individual _Partnership X Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. A s: W. Hospitality Ln., Ste. 100 San ernardino, CA 92408 i By:_\ / By: Signature (notarized) ignature (notarized) Name: CLOse� ^ ��� Name: MaP-V-- C-*L� Title: C' 0 Title: rjF0 Page 17 of 18 CALIFOWf1A ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1180 A nosy pubic or other officar ccnj*m g On cenfic to ve"m mij the xbruW of is iidrvidusl oho aged the dommhent to which this cerblicato a atsdocL and not the autlr rem soaracy or vaidey of that doanistt slate of Cailornda } County of } On before me. Dlde Here Insert/donne and 77de of the Officer personsIly appeared HemeN Of Sionaroo who proved to me on is baeia of savory evidence to be the peram*) whose name(s) Ware subscribed to the within i sbumerd had acknowledged to me that haraheMay we9cuted the same in h®rherllhei eulhw ad capacAy[iea}.and that by hm/nwAh isignabrre(s)m the iasbumerd to person(s). or the entity upon behalf of which the person(s)acted,executed the in aburnent I certify under PENALTY OF PrFUU iY railer the laws of the state of California that the foregoing paragraph is true grid correct. WFRA=33 cry tend and official seal.. Signature Sionatine of Abb uy Puhfic Place Notary anal Above OP7 NWA Though this section m aptiosmf.oornplating Um irdbanahm ran dater aterabon of the dcarmaent or ftwakt/anrt naattaci+merd of Una form to an uninnnded dorxwn ant Deacription of Attached Docranent Tdle or Type of Docunott Dooirnsd Dabs: Nurnber of Pages: Signer(s) CMw Than Honied Above: Cepacty¢es)Clained by Sfgner(s) Signer's Nnrne: Signers Name: ❑Oarposta OlBoer—Tme(a}: ❑C mporads Olfiicar—Ti1e(a}: ❑Panbwr— ❑Limited ❑GW"W ❑Parh,er— ❑United ❑filer id ❑Individud ❑Atlaraey in Fact ❑IncFmdhd ❑Atbmay it Fact ❑Truales ❑©hiordan or Conservator ❑Tnidee ❑Guardia or Conaenm 6or ❑C)8var ❑otaer. Sigr—IS Repreaentrg: Signer In Representing: 02o14 NaNx d Notwy Aeaocudien•ennv.Natiu og*Awyag•14K10-U 1 NDTAR'Y(1-98g$7F,-W7) Poem l5Q07 Page 18 of 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California ) County of On l L � �l.; ��� before me, Date Here Insert Na Me and Title of the Offic personally appeared \�� �. �J�C. -6,*, A Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/9he/they executed the same in his/her/t0i&authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph TEINIY JACWIE8 is true and correct. Comalloba O 2099079 111101"Pdk-Callil"s WITNESS my hand and official seal. 5oa s- A* n co" MY Coma EYAWN F!p 3,2019 - Signature Signatu of Notary Pu 'c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General L Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide As-Needed, On Call Electrical Engineering Services to the City of Palm Springs. These services will be on an intermittent as-needed basis. The scope of work is generally described as follows: The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following: (all services may or may not be necessary on each project) 1. Electrical engineering and design services associated with new public buildings and facilities 2. Electrical engineering and design services associated with remodeled or rehabilitated public buildings and facilities 3. Electrical engineering and design services associated with decorative street lighting and associated improvements 4. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer or his designee on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, other agencies or the public. 4. Review/evaluate complex plans prepared by developers, consultants, utilities and others. 5. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. Material testing and field inspection services are NOT part of the scope of services under this agreement and will be contracted for separately as needed. The successful firm(s) or consultant(s) will, however, be required to work closely with and coordinate these efforts with the contracted firms providing such services on each project. END OF EXHIBIT "A" EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE PALA, � s CgirF 0 L . CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS#09-15 for ON-CALL ELECTRICAL ENGINEERING AND DESIGN SERVICES Request for proposals (RFP 09-15), for as needed, on-call, professional Electrical Engineering and Design Services to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, WEDNESDAY, JULY 15, 2015. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We strongly advise that interested firms officially register per the instructions provide in the Notice. 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION The City is seeking proposals from qualified professional Electrical Engineering firms to establish a list of firms to work on a variety of projects within the City boundaries. The city anticipates that projects will range from various electrical engineering and design services associated with new public buildings and facilities, as well as remodeled or rehabilitated facilities. The size and range of projects is unknown at this time as projects will be assigned as they are budgeted and approved by the City Council each fiscal year and then programmed by the Public Works Department. The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. Note that projects utilizing Federal Funds and special grant sources may not be covered by this RFP. Cost estimates for any of the potential projects are not available at this time as the projects are not yet approved. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. 2. PROJECT OBJECTIVE AND SCHEDULE The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed basis, electrical engineering and design services for various projects on behalf of the City. Electrical Engineering and design services are expected to be required over the next five-year period and a contract(s) shall be negotiated for whatever term is determined to be in the best interests of the City. RFP SCHEDULE Notice for Request for proposals posted and issued .............................................. June 16, 2015 Deadline for receipt of Questions .........................................3:00 P.M., Tuesday, July 7, 2015 Deadline for receipt of Proposals.................................. 3:00 P.M., Wednesday, July 15, 2015 Short List/ Interviews, *if desired by City.............................................................to be determined Contract awarded by City Council........................................................................to be determined NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 3. SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following: (all services may or may not be necessary on each project) 5. Electrical engineering and design services associated with new public buildings and facilities 6. Electrical engineering and design services associated with remodeled or rehabilitated public buildings and facilities 7. Electrical engineering and design services associated with decorative street lighting and associated improvements 8. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 6. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals for a variety of construction and maintenance projects. 7. Serve at the discretion/direction of City Engineer or his designee on a variety of construction or capital improvement projects including difficult engineering work. 8. Represent the City in meetings with contractors, developers, other agencies or the public. 9. Review/evaluate complex plans prepared by developers, consultants, utilities and others. 10. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. Material testing and field inspection services are NOT part of the scope of services under this agreement and will be contracted for separately as needed. The successful firm(s) or consultant(s)will, however, be required to work closely with and coordinate these efforts with the contracted firms providing such services on each project. 4. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 5. SELECTION PROCESS AND EVALUATION CRITERIA The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the professional services requested by this RFP. The City shall review the proposals submitted in response to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date, if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm(s). Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm(s), the associated cost proposal will be used as a basis for contract negotiations. Contracts shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm(s), the City may, at its sole discretion, choose to enter into negotiations with the other firms in descending ranking order, if so desired. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding Electrical Engineering services (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 5 above. The proposals must be in an 8 % X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of twenty five (25) pages (sheets of paper, double sided is OK), including a cover letter, organization chart, staff resumes, appendices, and any exceptions to language, sample agreement, or insurance requirements. NOTE: Dividers, Attachment "A", Addenda acknowledgments, and the Cost Proposal ('in a separate sealed envelope) do NOT count toward the 25 page limit. Interested firms shall submit SIX (6) copies (one marked "Original' plus five (5) copies) of both your Technical/Work Proposal and your Cost Proposal, and one (1) Thumb Drive or CD of the entire proposal, by the deadline. All proposals shall be sealed within one package and be clearly marked, 'RFP #09-15, REQUEST FOR PROPOSALS FOR ON-CALL ELECTRICAL ENGINNERING AND DESIGN SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes: ENVELOPE #1, clearly marked "Qualifications/Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Your response to the evaluation Criteria A through D as provided below. ENVELOPE #2, clearly marked "Cost Proposal", shall include the following item: • List the current 2015 hourly rate for all classifications of personnel who may work on a City Project. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance services. • The City shall include a provision in the final agreement with the selected firm(s) for annual CPI adjustments of the hourly rates after the first year of contract execution. Annual cost-of-living adjustments, if any, shall be based on the Consumer Price Index (CPI) for All Urban Consumers, for Los Angeles-Riverside-Orange County, CA. • Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be included in Envelope #1, Qualifications/Work Proposal. At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing electrical engineering services for public agencies. AA List the name, current valid licenses numbers, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING ELECTRICAL ENGINEERING METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide on-call electrical engineering and design services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. BA Identify a project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided electrical engineering and design services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the potential projects that were briefly described in Section 1 "Background and General Information', please comment on, and identify, any potential problems (if any) associated with these projects that you anticipate based only on the limited information provided, and how you would work with City staff to avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed Electrical Engineering Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2)of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley' includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, WEDNESDAY, JULY 15, 2015. Proof of receipt before the deadline is a City of Palm Springs, Department of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in a sealed package to: City of Palm Springs Department of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig L. Gladders, C.P.M., Procurement 8, Contracting Manager PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. ANY questions, technical or otherwise, pertaining to this request for Request for proposals must be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(a)palmspringsca.aov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, July 7, 2015. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement — provided as Attachment "B" hereto. Please note that the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP document, sample agreement, including the Insurance Requirements, MUST be included in the proposal and clearly defined and may be considered in the evaluation process. Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for an annulment of the award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm, and so on. AWARD OF CONTRACT: It is the City's intent to award multiple contracts to firms that can provide the on-call services identified in the RFP document. However, the City reserves the right to award a contract to multiple Proposers or to a single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract(s) will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm(s) to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. Please note: this RFP does not necessarily identify each specific, individual task required to successfully and completely implement this proposed scope of services. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to consider in its proposal all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP and the resulting final negotiated scope and pricing. RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their proposal. RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this RFP in the preparation of their proposal or participation in any presentation if requested, or any other aspects of the entire RFP process. COMPLIANCE WITH LAW. Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS. Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer 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 Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer 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. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFP to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their proposal shall be valid for a period of 120 calendar days from the due date of proposals. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. INSURANCE: Insurance provisions are contained in the Professional Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their qualifications. ATTACHMENT "A" RFP 09-15 for ON-CALL ELECTRICAL ENGINEERING DESIGN SERVICES *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1, "QUALIFICATIONSIWORK PROPOSAL"* SIGNATURE AUTHORIZATION NAME OF PROPOSER/FIRM. A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation Please check below IF your firm qualifies as a Local Business as defined in the RFP: _A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. END OF EXHIBIT "B" EXHIBIT "C" CONSULTANT'S PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE F `... DESIGN WEST ENGINEERING MECHANICAL ELECTRICAL PLUMBING ENERGY , r f �s Submission for RFP #0945 On-Call Electrical Engineering and Design Services Presented to the City of Palm Springs F f Page I1 DESIGN WE` ENGINEERING July 15, 2015 City of Palm Springs Department of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 Attn: Craig L. Gladders,C.P.M., Procurement&Contracting Manager Re: On-Call Electrical Engineering Services (RFP 09-15) Dear Craig and reviewing team, It's with great pleasure that we at Design West Engineering take this opportunity respond to your Request or Qualifications for Electrical Engineering Services. Design West Engineering is highly qualified engineering firm specialized in the design of all various electrical systems that your city requires. We have extensive relevant experience working with public agencies as well as in the desert environment. We are familiar with all facets of this type of work and the level excellence that it requires We are confident that our team is a very strong in each point of significant criteria for selections as listed in the RFQ including our demonstrated experience and our location. We are very confident that this opportunity is going to prove to be a positive step in continuing to build the relationship we desire with your agency. We anxiously await the news of your determinations regarding these upcoming contracts. Sincerely, V eo Maya, P.E., LEE AP BD+C Design West Engineering W �, �� m, r ,._ pooe | 2 ���� of Contents x»^"^v`~ ^^, ^^��^"�`°`.v, � Cover Letter.--....~~—....~~~~..~~.~~~_~~.~—~~~~~~~~_.~...~~~~~~ ................... 1 � Table vfContents 2 ..............—......~~~~~~~~_..._...~.~~~~~—~~~—~~~~~..~.—~~ Section/t Firm Qualifications, Project Team, Experience and Background......................................................................u A.1 General Information ..................................................... ..... ........................................ ........................................... » 3 A.2. Phmipa| Uffioom....---------.....-----'-----.~~.--------~~~.-----' A.3 Company Background and Qualifications.............................................................................................................. 3 A.5 Sub-Consultant Firms.................................... .........................................................................................................3 A.4 Key Staff 4 --~....---------~~.~~-------—---^^~.---------~~~-------' SectionR: Understanding Electrical Engineering yWethndo|ngy.........................................................................................5 13.1 Work Plan Process and Methodology........................................................................... ......................................... n B2 Ability tv Ensure Successful Completion of Projects..................... ....................................................................... 5 O3Project Management Tools................................................................................................. ................................... 8 B4 Feature Project in the Desert Environment...................................................... .................................................... § B.5 Anticipation of Potential Problems in Projects...................................................................................................... 7 � Section C: References&Experience with Projects of Similar Size&Scope......................................................................8 8 C.1 Refen;ncvs-------....----------^^~~~----------^~~^----'---^~~~^--' C2Solving Key Issues and Challenges............................... ........................................................................................S Section D: Local Expertise Demonstrated on the Team........... ........................................................................................9 [\1 City of Palm Springs Local Preference Ordinance 1756 ...................................................................................... u D2 List oY All Team Members with Local Expertise.....................................................................................................9 P a g e 13 Section A: Firm Qualifications, Project Team, Experience and Background Al General Information Name: Design West Engineering Type: Incorporated in California Address: 275 W. Hospitality Ln.,Ste.100 San Bernardino, CA 92408 Telephone: (909) 890-3700 Fax: (909) 890-3770 Contact: Leo Maya, P.E. E-mail: Imaya@designwesteng.com A.2. Principal Officers Robert Cronk - Chief Executive Officer Mark Galle - Chief Financial Officer Terry Jacques - Corporate Secretary A.3 Company Background and Qualifications Design West Engineering is a full-service Mechanical, Electrical, Plumbing, and Energy Consulting Firm. We are founded on the philosophy of providing second-to-none service. Established in 2000 and centered on this idea, we have quickly grown to become a prominent and respected MEP firm across Southern California. Specifically, when it comes to Electrical Engineering for public agencies, Design West has successfully served many satisfied clients in an On-Call capacity. We understand the breadth of buildingtypes and needs that might be encounter when maintaining an On-Call contract. Because of these, we have a great deal of experience with the various municipal project types including government office buildings, essential service facilities, corporate yard, water/wastewater, data centers, libraries, parks, community centers, street beautification projects, electrical infrastructure, and more. A few of our current or recent on-call relationships for electrical engineering have been with: City of Coachella • Riverside Transit Agency • City of Redlands • San Bernardino County A&E Department • City of South Gate • San Bernardino County Special Districts • City of Corona Parks and Recreation • Riverside County EDA • City of Pico Rivera San Bernardino City Unified School District • City of Rancho Cucamonga • Rialto Unified School District Because of our commitment to second-to-none service,we have become recognized in this industry for our commitment to forward thinking innovation and environmental sensibility. We offer you the most up-to-date expertise in the latest technologies to maximize your projects potential. Together,we approach your project and its difficult challenges using smart designs and efficient solutions tailored to your environmental concerns, longterm needs,and practical constructability. A.5 Sub-Consultant Firms Design West does not intend to use any sub-consultant firms on our team to complete the tasks associated with this contract for on-call electrical engineering. W Page 14 Section A: Firm Qualifications, Project Team, Experience and Background A.4 Key Staff Leo Maya, P.E., LEED AP BD+C With over 20 years of design and project management experience, Leo Maya has worked on a wide array of projects including large commercial and industrial buildings, health care and institutional facilities, data centers, sports field lighting, street and area lighting, golf course electrical systems, custom residences, and various dry utility designs. Mr. Maya joined the Design West team in 2005 and in 2009 took over the responsibility of running the electrical production. Apart from standard electrical and lighting design, he oversees the electrical BIM design team; solar photovoltaic design; specialized analyses including arc flash, coordination studies and load flow evaluation; all low voltage applications including fire alarm, security, data and signal, and A/V systems. His continuing education in the field of the electrical engineering and lighting design,along with his membership and board position for the IESNA(Illuminating Engineers Society of North America) keep him up Position: to date with the latest lighting and energy efficient technologies. Beyond his technical Senior Electrical prowess, it is Mr. Maya's dedication to maintaining long-term client relationships and his Engineer diverse background that have made him such a valuable asset to the Design West team. This dedication to customer service is evident in the work ethic and the character displayed Role: by his whole team. Primary Point of Contact, Engineer of Record, & Featured Project Experience: Director of Electrical Indio AEOC& RCIT Hub Relocation Engineering Services Joshua Tree Sherrif Building DMV Palm Desert Years of Experience: Yucca Valley Animal Shelter 18 years in Industry Villegas Park Community Center 9 years with Company Cabazon Community Center Joshua Tree Community Center Power Upgrade Registrations: Wrightwood Community Center HVAC Upgrade California P.E. #E19480 Law Offices of the Public Defender LEED AP BD+C First American Title(FATCO) Building IESNA Board Member Riverside County Mental Health North Shore Yacht Club Education Victor Miceli Law Library Bachelor of Science in Riverside County EDA Offices at Riverside Centre Electrical Engineering Highgrove Library Cal Poly Pomona DMV Rancho Cucamonga City of Redlands Data Center Building Valencia City Library in Fontana Commerce Central Library Remodel College of the Desert Library Fontana County Branch Library Riverside County Law Library Highgrove County Branch Library Coachella Valley High School Library Fontana City Hall Remodel Murrieta City Police Headquarters Chino Police Department and San Bernardino County Office City of Rialto Code Enforcement San Bernardino County EDD Offices Riverside County Ben Clark Public Safety Training Center Indio AEOC&RCIT Hub Relocation Riverside County Law Offices of the Public Defender Riverside County Mental Health DESIGN WESTD NEEKING P a g e 15 Section B: Understanding Electrical Engineering Methodology B.1 Work Plan Process and Methodology Project Initiation-The success of a project starts with a successful initiation and kickoff. Our engineers start by listening well to get a full grasp of your history,your current needs,and your future direction. We work from initiation to set feasible goals and milestones that align to each projects schedule and budget. While each project manager needs to maintain the flexibility to pivot design and direction at any point during a project through continually listening and coordinating, it is crucial to start off with the proper aim for the course to always keep a budget and schedule as tight as possible. Innovation and Creativity-With the continual evolution of technological advancements,the importance of having a team that specializes in the latest technology is paramount. Our team is passionate about these advancements, researching and learning about the latest products and systems available. The key is being able to educate you as our client from project initiation and at the various appropriate milestones on the available "outside of the box"options while also being able to inform of their overall viability for your specific project. We understand the uniqueness of each project, so we tailor our creative strategies to reflect this need, and carefully explain how this affects budget, aesthetics, future maintenance, and integration with existing systems. Internal Coordination-It has always been our belief that it is not the responsibility of the client to make sure that a project is being internally coordinated between the members of our team. It is also not the responsibility of our client to make sure any new information past to one point of contact should demand any additional reiteration. As much as we communicate with you our client, our continuous internal communication is a clear fundamental to a successful project. So from initiation of the project, the members of our team will establish routine internal coordination appointments to ensure you as our client always receives coordinated and synchronized information. Construction Phase-During construction phase, it is important that our teams maintain the same level of thorough and responsive communication that has been present throughout earlier stages of the project. This includes being readily available to be on-site immediately to answer potential questions and review any concerns. It is our guarantee to have someone present within 1 business day, if not sooner. It is most important to us that we always keep the owners best interest in mind at all times with regards to the course established at project initiation, budgets,schedules,and the like. We act as the expert mediator on your behalf throughout the entire construction administration process. B.2 Ability to Ensure Successful Completion of Projects On-Going Communication - A key component to successful management of any project is responsive and thorough communication. Milestones are established at the beginning, but questions from a client will constantly arise. We take great pride in each project we complete and so we work closely,one on one,from initiation to completion date. We follow up and track the success of our work. Quite simply, we truly care about our quality of service, as many of our satisfied clients will attest to. The thoroughness and responsiveness of our communication is on-going. Technical Excellence-Creating systems that are functional and engineered correctly should be expected. We see this as the starting point, not the end goal. It is the technical expertise above and beyond this starting point that creates true technical excellence. Our team's vast scope of experience and the technical abilities enables us to service clients across the board on a full spectrum of project types.This well rounded knowledge is what gives us the ability to speak to creative solutions and create a system that is best. Quality Assurance/Quality Control Process-As design projects approach construction,the QA/QC process is crucial and a thing that sets teams apart. Internally,both companies on our team have established master checklists that are applied to each discipline for each project. In addition to the checklists,at the project initiation,there will be other Principals and Key Project Managers within our companies who will be appointed to quality control. These will be individuals who have not been involved with the design process.They will give these projects a complete review before bidding and before plan check at perhaps at other intervals as necessary and as determined at project initiation. This always provides fresh perspective and ensures we are bringing your agency the highest quality of documents possible. All this in the end will help minimize the number of review comments needed from your agency, the time to complete construction, and the potential for change orders. klf fGF N c"[.,,INEf Fh-i P a g e 16 Section 6: Understanding Electrical Engineering Methodology B.3 Project Management Tools For all management purposes, Design West Engineering has invested large sums of money to develop our own internal SQL database software. Because it has been developed specifically for our business and trade,this software helps us manage projects better than anything else on the market could. It tracks our hours for every project,communication internally and with other project contacts, project milestones,due dates, proposal information, relevant project contacts,sub-consultant contracts,additional services, billing and invoices, and all other facets that are relevant to the project. The software helps us evaluate our progress for each milestone of each project ongoing. This database contains every project we have ever worked on. This is a tool that clearly sets us apart in our market sector. Beyond this, our office holds weekly project manager meetings on Monday morning to review our entire project list and coordinate on last weeks progress. Following this meeting, each team in each studio holds coordination meetings between project manager and designers. B.4 Feature Project in the Desert Environment Indio AEOC & RCIT Hub Relocation: Electrical design for this remodel of a 14,000 square foot Alternate Emergency Operations Center and Riverside County Information Technology department tower relocation included many specialized electrical design services including a new emergency generator, UPS, and A/V system. This essential service facilities had many particular components and required much creativity in converting a non-essential service facility into a usable space. The project had a tight budget and fast schedule because a project at the prison was on-hold until the existing EOC was demolished. Responsiveness and Attentiveness to Client Needs:This project was specialized considering there were multiple stake holders for which we needed to design. These stakeholders included the Riverside County Sherriff Department, Riverside County Information Technology, and Riverside County Economic Development Agency. Each of these stakeholders communicated their own respective needs and requirements. These were documented and addressed in all designs and drawings successfully. Creative Ability:The site required many creative design decisions to complete successfully. One example was in the data center room where there was no room for a raised floor. Design West suggested excavation of the existing floor and lowering the bottom in order to accommodate this requirement. Knowledge of the Latest Construction Trends:The project held to all the codes that were current and required thorough understanding of the construction requirements of both Emergency Operation Centers and Data Centers. Without the prior experience and knowledge belonging to our team, it would have never been successful. Analytical Capability: Because of our technical excellence, our engineers must be able to analyze the challenges in a project and provide an array solutions to help the client find the one that fits best. Without this skill, our team would not have been able to provide an optimal design for our client on this project. Oral and Written Communication Skills: Because Design West prides ourselves in our level of service, our professional staff is always closely evaluated to make sure there will be no communication issues. One of the biggest pieces of service is proactive,thorough, and accurate communication. Communication was a key to success on this project. Interaction with Clients Organization: Design West interacted primarily with RCIT, RCEDA and the other consultants involved in the project including the architect,structural engineer,and A/V consultant. Sensitivity to Funding Constraints: Many measures were taken to make sure the budget was kept. Many components were designed with multiple options so that these options and their cost effectiveness could be better explored. One example was the UPS system. The first recommendation was for the most robust system available. It was later determined that a less expensive system would meet the needs of the department and therefore specified to save cost. Contact:Sergio Pena, Supervising Facilities Project Manager, Riverside County Economic Development Agency (951)955-4889;spena@rivcoeda.org GEaGN n'FS'tGsEER45 P a g e 17 Section B: Understanding Electrical Engineering Methodology 8.5 Anticipation of Potential Problems in Projects Being a consultant located very centrally to Southern California,we find ourselves working on projects in many diverse environments,from deserts to salt water coastal regions to snowy mountains. We have acquired the skills to successfully execute projects for all of them. When it comes to working on projects in a desert environment,the most notable difference and cause of potential issues is the higher ambient conditions and the great swings in temperatures that can be experience in a single 24 hour period. This difference plays into electrical design in a number of ways. For one, extra heat on conduits means there is need to size them bigger to account for expansion. Also,when considering electrical loads,there needs to be attention given to the HVAC loads. Hotter temperatures means there will be much more demand on an HVAC per square foot of a typical space than what would be found most other regions. When placing electrical equipment in a desert region,we typically try to avoid leaving it exposed in the sun to prevent ware and to make it easier to access and work on in the summer months. Also, most electrical rooms in a desert region are often cooled to add to the life of the equipment and to make them easier to access in high temperatures. Exterior LED lighting solutions also have to be closely evaluated based on the impacts under higher ambient temperatures. These are all elements and potential problems that are only learned through experience and need to be considered early on in the project to move forward. Page 18 Section C: References & Experience with Projects of Similar Size & Scope C.1 References Bagdouma Park in Coachella City of South Gate Circuit 31,41,44,69 Upgrade Electrical design for a new park with 9 sports fields, 4 Conversion of 8.5 miles of existing high voltage series courts, a football field, 2,800 linear feet of pathway street lighting to new multi-circuit LED. lighting, and street lighting. Kenneth Tang,Senior Project Manager Gordon Fisher, Senior Project Manager City of South Gate, Public Works City of Coachella Public Works Department (323)816-4011; KTang@sogate.org (760) 501-8100;gfisher@coachella.org Additional Projects with City of South Gate: Additional Projects with City of Coachella: South Gate Park Renovation Well Sites#17 &#19 State Street Park De Oro Park Hollydale Resource Center Sixth Street Lighting Upgrade Rayo Ave. Street Lighting Upgrade Corporate Yard Generator State St. Street Lighting Upgrade Corporate Yard HVAC Upgrade Tweedy Ave. Street Lighting Upgrade Corporate Yard Building Addition Southern Ave.Street Lighting Upgrade Independence Blvd.Street Lighting Upgrade North Shore Yacht Club Kaufman St. Street Lighting Upgrade Complete MEP design for a remodel of a 6,000 square RTA Security Access Control Upgrades foot historic facility conversion to a community Upgrade to the Security Access Control Systems at 5 center/museum. agency offices in Riverside, Hemet, Perris,and Corona. Rizaldy Baluyot,Supervising Facilities Project Manager Michael Black, Project Manager Riverside County Economic Development Agency (951)232-9268; RBaluyot@rivcoeda.org Riverside Transit Agency 951-565-5000; mblack@riversidetransit.com Additional Projects with Riverside County EDA: North Shore and Oasis Fire Stations Additional Associated Projects: Blythe Civic Administrative Center Security Access Control Feasibility Study Palm Springs Riverside County Probation Office Generator Upgrades Feasibility Study (Two Sites) Ben Clark Public Safety Training Center 2013 Maintenance Report Law Offices of the Public Defender Other Various Projects in the Coachella Valley Riverside County Mental Health North Shore and Oasis Fire Stations Riverside County Flood Control Offices Blythe Civic Administrative Center RCEDA First American Title (FATCO) Building Palm Springs Riverside County Probation Office Mead Valley Community Center Desert Hot Springs Family Care Center Victor Miceli Law Library Yucca Valley Animal Shelter Highgrove Library Ironwood Country Club in Indio Desert Hot Springs Family Care Center Coachella Valley Middle School and High School Mecca Boys and Girls Club Complete MEP design for an all new 410,000 square The Club at Worldmark in Indio foot, Middle School and High School (7-12) school Palm Springs Material Recovery Station campus. Project included all lighting design for parking Cathedral City Composting Facility lots, and football field stadium. Coachella City Corporate Yard Palm Desert Department of Motor Vehicles Elsa Esqueda, Director of Facilities La Quints Peace Officers Memorial Coachella Valley Unified School District (760)398-5909; elsae@coachella.kl2.ca.us JFK Memorial Hospital, Indio(Various Remodels) JFK Comprehensive Cancer Center, La Quints Associated Projects: JFK Orthopedic Center, La Quinta Coachella High School Locker Room Remodels College of the Desert(Various Remodels) Palm View Elementary Classroom Remodels Yucca Valley Town Center Mall (Various Remodels) Palm View Elementary IT Upgrades Vivante Assisted Senior Living, Palm Springs Palm View Elementary Admin Remodel Orchard Villas Affordable Housing, Palm Desert W JFS 5m WFSi Ell,V._FRil P a g e 19 Section C: References & Experience with Projects of Similar Size & Scope C.2 Solving Key Issues and Challenges City of Coachella - Design West has worked with Gordon Fisher and the Coachella team for many years on many projects. A key challenge with Bagdouma Park was the fact that it changed hands several times between different landscape architects over multiple phases. Design West kept in close communication and kept key people involved with the project so no momentum was lost with electrical projects. Coachella Valley Unified School District - Design West used state of the art software at the time for advanced energy modeling and the like. Design West received awards for this project and the design for this facility was featured on the software box for Autodesk Revit 2010. Design West was ready to dive in and sort through the challenges with the district of pioneering new technologies in this design process. Riverside Transit Agency - One particular challenge at the initiation of this project was providing the agency a good proposal number based on the loose description of scope and the many potential options and solutions available for their needs. Design West proposed that we perform an initial feasibility study to help the agency better define their desires and understand the price implications for various options. Riverside County EDA - The North Shore Yacht Club was a particular building considering it was a historic facility. All electrical design had to pay close attention to the integrity of the original building while augmenting its ability to meet current code and operate modern systems. City of South Gate - The city of South Gate has contracted with Design West to upgrade much of city street lighting to LED. The key challenges have been in evaluating the existing circuits and determining the needs for upgrade or the ability for reuse of old infrastructure. Section D: Local Expertise Demonstrated on the Team D.1 City of Palm Springs Local Preference ordinance 1756 Design West Engineering is headquartered in San Bernardino and therefore does not meet the local preference criteria. D.2 List of All Team Members with Local Expertise All of our team members listed in this response (in addition to many other in our office) have a great deal of experience working in the Coachella Valley region on both public and private projects. Mr. Leo Maya who is the primary contact has worked on all projects listed in this RFP. EXHIBIT "D" SCHEDULE OF COMPENSATION SCHEDULE OF COMPENSATION Attached hourly rates shall apply for the term of the contract any extensions. If any proposal submitted to the City for requested projects includes task items payment for said task items cannot exceed 75% until task item is 100% completed. Design West Engineering, Inc. 2015 Schedule of Hourly Rates Princ rAl Eng nearing.................... ....... ............—............. ..............................$iSO.00 per hour Mechanical&Plumbing Frininpgrino Senior Engineer,Mechanical............ .................. ...... .......... .......$160.00 per hour Mechanical Project Manager....,......... ....... ....... .......-...... ...... ....$J25.CO per hour Mechanical Designer.,...............--.... ---........... .............—.—........... $95.00 Der hour Mechanical CAD Draftsperson............... ............... ...............................................................$75.00 per hour Electd .al Frigingering Senior Engineer,Electrical............................ .......... ............ ....................—......$160.00 per hour Electrical Project Manager ................................................................... ...... .....................$125.00 per hour Electrical Designer--........................ ......... .....................—.....--..................... ......_.,$95,00 per hour Electrical CAD Draftsperson ............................................. .....................................................$75,00 per hour Commigsinning So Director of Commissioning Services........................................................... $160-00 per hour Commissioning Agent............................................ ................................... ...... $125.00 per hour Commissioning Engineer........11............. ............. ....................... ...................................-$95.00 per hour Energy Sgrvicgg Director of Energy Services Engineering....... .........--..................—........ ......$160.00 per hour Energy Services Engineer.........—.—....................... ................... ............ ................ ..........$125.OD per hour Energy Services Designer...................... .......... ............ ................................. ................$95,00 per hour Fire Protection Pnoineerin Senior Engineer,Mechanical....._...................... ........................--...........................$160.00 per hour Fire Protection Project Manager................... ................................................ ......$125.00 per hour Fire Protection Designer.....................--.......... ..................... ....... ..............................$95.00 per hour I-IfilitXCQUEdinalion SeniorEngineer....................... ............................................ ..........................................$160.00 per hour ProjectManager................................................................................................................ S125.00 per hour UtilityCoordinator.......................................... .............................................................—$95.00 per hour CADDraftsperson...........—....................................... .....................................................$75.00 per hour Low Voltage Engineering Senior Engineering, Electrical..............................................................................................$160.00 per hour Low Voltage Project Manager........... ................. .................................................................$125.00 per hour Low Voltage Designer..............................................................................................................$95,00 per hour Clerical Support.............................................. ......................................................... ........$60.00 per hour AN Reimbursable Expenses The following expenses, if incurred and paid by consultant while rendering services under this agreement shall be reimbursed by the client: 1) Reproduction expenses over and above standard design development coordination shall be billed at $3.00 a sheet 2) Travel expenses for mileage, which shall be billed at $.56/mile 3) Postage, shipping and handling of any requested expedited delivery 4) Outside services or consultants as required and approved in advance 5) Other such expenses as may be approved in advance All reimbursable expenses shall be approved in advance. Payment for reimbursable expenses, as described herein, shall be computed at one and ten hundredths (1.10) times the amounts expended by the consultant for such services, in the interest of the project: however, no reimbursable expenses are anticipated on this project. Travel expenses are included in the base fee. W DO'W nHl IYCIMFU" EXHIBIT "E" SCHEDULE OF PERFORMANCE The services provided hereunder this Agreement shall occur on an as-needed "on-call' basis, pursuant to separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of performance for scopes of work on assigned projects. END OF EXHIBIT "E" f46?fib ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/2/2023 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 this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 TACT NAIiI Charise Ferguson PNrE sas 5593367 Fv"c N,; E-MAIL ADDRESS, Charisef m s.COm INSUPPERIS1 AFFORDING COVERAGE NAIC0 INSURERA: Travelers Property Casualty Co of America A++XV 25674 wv✓w.gmgs.com OB84519 INSURED Design West Engineering 412 E. Vanderbilt Wayy San Bernardino CA 92408 INSURERS: OBE Insurance Corporation 39217 fLwRERC. ; :="2R INSURER E INSURER F : COVERAGES CFRTIFIr:ATF MIIMRFR- RcvlglnM MIMADCo. 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. ILIR NSR TYPE OF INSURANCE A POLICY NUMBER MMDDYIYYYY EFF MMIDD LICY EXP LIMITS A se COMMERCIALGENEMLUASIUTY 680-1J809796-23-47 3/6/2023 3/6/2024 EACHOCCURRENCE s1000O00 CLAIMS.MADE � OCCUR PREMISESEa accum. S1 000OM MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY S 1 ODO D00 AGGREGATE LIMIT APPLIES PER POLICY ❑ � 6 LOC GENERALAGGREGATE s2,000,000 GENT PRODUCTS - COMPIIJP AGG !2 OOO OOO S OTHER'. A u Dam EuABanY BA-4R569123-23-47-G 3/6/2023 3/6/2024 COMBINED ItSINGLE OMIT $1,000,000 a/ BODILY INJURY (Par Reason, S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Pr acr]MX) 3 HIRED AUTOS ONLY AUTOS ONLDY (P. PERTY weekant) GE $ S A UMBRELLAUAB V OCCUR CUP-IJ811896-23-47 3/6/2023 3/6/2024 EACH OCCURRENCE $$OOO OOO AGGREGATE S 6 ODO 000 EXCESS DAB CLAIMS -MADE DED I I RETENTION$ S WORCERSCOMPENSATION ANDEMPLOYERS'UASIUTY YIN ANYPROPRIETORMARTNEFIEXECUTIVE OFFICERIMEMBEREXCLUDED? NIA PER OTH- ATUT E ER E.L EACH ACCIDENT 5 EL DISEASE - EAEMPLOYEIJ S Mandatory in NH) It yes, deacdbe uncle, EL DISEASE - POLICY LIMIT I S DESCRIPTION OF OPERATIONS below B Liability ANE34013-01 3/6/2023 3/6/2024 $5,000,000 Each Claim00 Plessional ims Made roActive Date: 2/1/2000 $5,0,000 Aggregate $100,000 Each Claim Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached it more space is repuind) As respects General Liability coverage, The City of Palm Springs, its officials, employees, and agents are added as Additional Insured and this insurance is primary, per C D3790219 attached. As respects Automobile Liability Coverage, The City of Palm Springs, its officials, employees, and agents are added as Additional Insured, per CAT4200215 attached. Cittyy of Palm Springs 3200 E. Tahqultz Canyon Way MAR 0 7 2023 Palm Springs CA 92262 City Hall Reception Desk Lq_Tt LaIRaIL\SPJC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Paul Bland n igAR-2n15 ACC1Rn CORPr1RATInN All rinh6<.o<oe..od ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 73262E/0 , "23-24 A/6/U/XS/6Ld i Ch.>iae Fe,iism, 1 3/2/2023 10:56:20 AM (PST) I Page I of 5 AGENCY CUSTOMER ID: LOC #: A� 0 ADDITIONAL REMARKS SCHEDULE Page _of AGENCY GMGS Risk Management & Insurance Services NAMED INSURED Design West Engineering 412 E. Vanderbilt Wayy San Bernardino CA 92408 POUCYNUMBER CARRIER NAIC LODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Palm Springs ADDRESS: 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 As respects General Liability coverage, a Waiver of Subrogation is hereby included, per SB300176B attached. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 73262670 1 —23-24 A/G/U/%S/E60 I Chaziee Ferguson 1 3/2/2023 10:56:28 AN (PST) I Page 2 of 5 Design West Engineering D. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS — BODILY INJURY TO CO -EMPLOYEES, CO -VOLUNTEER WORKERS AND RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES The following is added to Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a current or retired co - "employee" while in the course of the co - "employee's" employment by you or performing duties related to the conduct of your business, or to "bodily injury" to your other "volunteer workers" or retired partners, members or directors while performing duties related to the conduct of your business. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION II — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that dale is later than 180 days after you acquire or -form such organization, if you report such organization in writing to us within 180 days after you acquire or form it; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section If — Who Is An Insured, each such CM9PR �RERAL LIABILITY organization will be deemed to be designated in the Declarations as: a. A limited liability company; b. An organization other than a partnership, joint venture or limited liability company; or c. A trust; as indicated in its name or the documents that govern its structure. F. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that has financial control of you is an insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION 11— WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. G. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION II — WHO -IS AN INSURED: Any person or organization that is a mortgagee, assignee, successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its liability as mortgagee, assignee, successor or receiver for"bodily injury","property damage" or "personal and advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, CG D3 79 02 19 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permission. Page 3 of 6 73262670 1 1.23-24 A/G/UMS/E60 10hasise Ferguson 1 3/2/2023 10:56:28 AM (PST) I Page 3 of 5 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury', "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 © 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance services Office, Inc. with its permission. CG D3 79 02 19 73262670 1 •*23-24 A/G/U/%S/E60 I Chaeise Feigueon 1 3/2/2023 10:56:28 AM (PST) I Page 4 of 5 Design West Engineering COMMERCIAL AUTO BA-4R569123-23-47-G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of -your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during,the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos _ Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following Is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT —INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by_ your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance services Office, Inc. vrith its permission. 00082E 73262670 1 ' 23-24 A/G/UMS/E60 I Charise Ferguson 1 3/2/2023 10:56:28 AM (PST) I Page 5 of 5 GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Charise M. Ferguson GMGS Risk Management & Insurance Services CA License #OB84519 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Office: 949-559-3367 1 Fax: 949-559-3397 charisef@gmgs.com MAIL DOCUMENT Certificate DfInsuD DOCUMENT eCCHIW01iRCT^' Sender: Charise Ferguson EPho�tie,� (949) 559-6700 $u6ject. West o. 73262670 - Certificate of Liability: Design L Date 32/2023 Ko:of Pages:, www.gmgs.com THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENIIPLAND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THEINTENDED RECIPIENT, YOU PRE HEREBYNORFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASENOTIFY US IMEDIATELY BY TELEPHONE AND RETURN ME ORIGINAL MESSAGETOUS AT THE ABOVE ADDRESS WAREGULAR POSTAL SERVICE. Certificate of Insurance Delivered by ecertsonlineTM Insurance Visions, Inc. All rights reserved. A�RO9/28120VYYYI e CERTIFICATE OF LIABILITY INSURANCE �p��Q DATEI8/2023 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 this certificate does not confer riahts to the certificate hostler In lieu of such endomement(s). PRODUCER GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 hI-f-11.T111f] INSURED Desiggn West Engineering 412 E. Vanderbilt Wayy San Bernardino CA 92408 COVERAGES CERTIFICATE NUMBER: 7AA7AAIA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR ILTRPOLICYNUMBER TYPE OF INSURANCE POLICY EFF M/DDIVYYY POLICY UP MMIDDNYYYY LIMITS A / COMMERCIAL GENERAL LUIBIOTY 680-1J809796-23-47 3/6/2023 3/6/2024 EACH OCCURRENCE s1000Goo CLAIMS -MADE F;1 OCCUR PREMISES IEa acamence $1 000 D00 MED UP (Any one person) $ 5 000 PERSONAL AADV INJURY $1000000 GENL AGGREGATE UNIT APPLIES PER. POLICY EEC F�LOD GENERAL AGGREGATE 22,000,000 PRODUCTS - COMP/OP AGO S2,000000 $ OTHER A AurroMosa-Emsi rn BA4R569123-2347-G 3WO23 3/6/2024 COMBINEDSINGLELIMIT We $1 000000 BODILY INJURY (Perpeson) S ANY AUTO AUTOS ONLY AUTOWLEU BODILY INJURY (Paracrldeq S O AUTOS ONLY AUTOS ONELHIRED N � Pie aonciIRd1enDAMAGE S S A / UMBRELLALIAB occuR CUP-1J811896-2347 -4WO23 3WO24 EACH OCCURRENCE $$ OOO OOO AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DEO I I RETENTIONS $ WORRERSCOMPENSATION AND EMPLOYERS' LIABRITY YIN PROPRIETORIPARTNERIEI(ECUTNE CERR,IEMBEREXCLUDEDT ❑ NIA 14 TATUTE EL EACH ACCIDENT S EL. DISEASE -EA EMPLOYEE $ atOry In NH) desrn0e ands OF OPERATIONS Oelox IS6RIPTION E.L. DISEABE -POLICY LIMIT i E B Prokasione Liability Gains Made RetroActive Date: 2/1/2000 T1 ANE34013-01 3/6I2023 3/6/2024 $5,000.000 Each Claim $5,000,000 Aggregate $100,000 Each Claim Retention DESCRIPTIONOFOPERATONSILOCATIONSIVEHICLES IACORD101,Addkio lRemark.$clydeN,mayWadacM Nmorespacelare,a I RE: Palm Springs Library Renovation DWE Pro act # 23-308 wverage As respects General Liability . City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured and this insurance is primary, per CGD3810915 attached. As respects Automobile Liability coveragge, City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured. per CAT4200215 attached. Cltyy of Palm S ringS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3200 E. TahquPtz Can on Way OCT 0 2 2023 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs CA 92 62 City Hall AUTHORIZEDREPRESENTATNE Reception Desk Paul Bland n19R8-2019AC0RDC0RPnPATInN All rinhk .eeer,.od ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ///��� / 16576416 1 11<3-24 A/G/UJXS/Ea0 I cinarlae Ferguson 1 9/28/2023 2:06:56 PN (PST) I Page 1 of 4 /�Tr 110 Design West Engineering 680-1 J809796-23-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the Injury or damage is caused by acts or omissions of you or your subcontractor in the performance of 'your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury', "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the Insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the 'products - completed operations hazard" unless the "written contract requiring Insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured Is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However. 'd you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance. whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 02015 The Trevelers Indemntty Company. All rights reserved. Includes the copyrighted materiel of Insurance SaMces Office, Inc., with Its permission Page 1 of 2 7657641e 1 —23-24 A G/0/4S/E10 I Cheri ss Ferguson 1 9/20/2023 2:06:56 Pe (PST) I Page 2 of 4 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work' performed by you, or on your behalf, done under a "written contract requiring insurance' with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the 'bodily injury" or "property damage" occurs, or the 'personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance* means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the 'bodily injury" and 'property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2015 The Tmvalem Indemnity Company. All rights reserved. Includes the copyrighted materiel of Insurance services Office, Inc., with its permission CG D3 81 09 15 76576416 1 •123-24 A/G/U/%5/Es0 1 Charise Ferguson 1 9/29/2023 2:06:S6 PM MT) I Page 3 of 4 Design West Engineering COMMERCIAL AUTO BA-4R569123-23-47-G THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during.the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. R EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.S., Who Is An Insured, of SECTION II — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an `Insured" while operating a Covered "auto' hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance. of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured. of SECTION II — COVERED AUTOS LIABILITY COVERAGE CA T4 20 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance services Office. Inc. vith its permission. 76576116 1 "23-21 MG/0/X5/E10 I Chariee Ferguson 19/28/2023 2:06:56 PH (PST) I Page 4 of 4 GMGS Risk Management & Insurance Services 6201 Oak Carryon, Suite 100 Irvine, CA 92618 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Charise M. Ferguson GMGS Risk Management & Insurance Services CA License #0684519 6201 Oak Canyon, Suite 100, Irvine, CA 92618 Office: 949-559-3367 1 Fax: 949-559-3397 chadsef@gmgs.com MAIL DOCUMENT Certifiratc of Insurance Delivery by ecertsonlineT"' Sender:_ Charise Ferguson Phone: (949) 559-6700 Subject Cert No. 76576418 - Certificate of Liability: Design West Engineering - City of Palm Springs Date: 9/28/2023 No. of Pages; 5 t1RLr. www.gmgs.com THIS NESGAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TOM" IT n ADDRESSED AND MY CONTAIN INFORIMTION THAT IS PRIVILEGED. CONFIDENTIAL AND E%EWT FROIAOISCLOSURE UNDER APPUC UW. IF THE READER OF THE NESSAGE IS NOT THE INTENDED RECIPIENT, OR THE ENPLOYEE ORAGENT RESPoNSI&E FOR MWERINGTHE AESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEFAIMTION, DISTRIBUTION OR COPYING OF THIS COMAUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THISCONYNNICATION IN ERROR, FLEASE NOTIFY US INEDNTELY SYTELERIONF, AND RETURN THE 0FDONAIAEW& TOUSATmEA9 ADDRESSVAREGUUIRPOSTALSERVICE. Certificate of Insurance Delivered by ecertsonline"A Insurance Visions, Inc. All rights reserved. A6_7go AC� ® CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE DATE F212s/2o24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 www.gmgs.com OB84519 NAME. Charise Ferguson PHONE 949 559-3367 A/C No: E-MAIL ADDRESS: charisef m s.com INSURERS AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Co of America A++XV 25674 INSURED Design West Engineering 412 E. Vanderbilt Way San Bernardino CA 92408 INSURERB: QBE Insurance Corporation 39217 INSURER C: INSURER D: INSURER E : INSURER F : I —iff—A— III IAAOCM. -r1111n1n K1­v1N1lIN N111Y1n CR: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY 680-1J809796-24-47 3/6/2024 3/6/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1 OOO 000 MED EXP (Any one person) s 5,000 PERSONAL & ADV INJURY $ 1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG s2,000000 PRO-JECT LO POLICY ❑ OTHER A AUTOMOBILE LIABILITY BA-4R569123-24-47-G 3/6/2024 3/6/2025 COMBINED SINGLE LIMIT Ea accident $ 1 000 OOO BODILY INJURY (Per person) $ ✓ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE Per accident $ ✓ AUTOS ONLY ,/ AUTOS ONLY A �/ UMBRELLA LIAR �/ OCCUR CUP-1J811896-24-47 3/6/2024 3/6/2025 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION STATIN UTE OERH AND EMPLOYERS' LIABILITY Y❑ ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICER/MEMBEREXCLUDED') (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability ANE3562402 3/6/2024 3/6/2025 $5,000,000 Each Claim Claims Made $5,000,000 Aggregate RetroActive Date: 2/1/2000 $100,000 Each Claim Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Palm Springs Library Renovation DWE Project # 23-308 As respects General Liability coverage, City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured and this insurance is primary, per CGD3810915 attached. As respects Automobile Liability coverage, City of Palm Springs and their officials, Council members, officers, authorized agents, and employees are added as Additional Insured, per CAT4200215 attached. I..CR I Iris m i C r1ULUCR li M 1\Ii — I I—N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way MAR 0 b 2024 ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs CA 92262 City Hall AUTHORIZED REPRESENTATIVE Reception Desk Paul Bland ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 78858912 1 **24-25 A/G/U/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 1 of 4 IWA Design West Engineering 680-IJ809796-24-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requir.ng insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury or "property damage" caused by "your work" and included in the "products - completed operations hazard" uniess the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, it you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional 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 available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 0915 ® 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission 78850912 1 ' 24-25 A/G/U/XS/E60 I Chazise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 2 of 4 Page 1 of 2 A - COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 C) 2015 The Travelers Indemnity Company. All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission 78858912 1 '*24-25 A/G/0/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 3 of 4 CG D3 81 09 15 Design West Engineering COMMERCIAL AUTO BA-4R569123-24-47-G 000928 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during,the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph AA., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION 11 — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission 78858912 1 '*24-25 A/G/U/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 4 of 4 CERTIFICATE OF LIABILITY INSURANCE DATE(2/28//2024 Y) 024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: CT Charise Ferguson _ GMGS Risk Management & Insurance Services PHONE 949 559 3367 ac No: 6201 Oak Canyon, Suite 100 E-MAIL Irvine, CA 92618 ADDRESS: charisef m s.com INSURERISI AFFORDING COVERAGE NAIC # www.gmgs.com OB84519 INSURER INSURED INSURER Design West Engineering 412 E. Vanderbilt Way INSURER San Bernardino CA 92408 INSURER / MVICI "ATC \11111AOCID• - RFVIRIr1N NIIMRFR• XV 25674 39217 vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP M' MMIDDYY LIMITS A V COMMERCIAL GENERAL LIABILITY 680-1 J809796-24-47 3/6/2024 3/6/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 00O 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,00O POLICY ❑ PRO ❑ LOC JECT OTHER A AUTOMOBILE LIABILITY BA-4R569123-24-47-G 3/6/2024 3/6/2025 COMBINED SINGLE LIMIT Ea accident $ 1 000 000 BODILY INJURY (Per person) $ ✓ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED ✓ AUTOS ONLY ✓ AUTOS ONLY PROPERTY DAMAGE Per accident $ A ✓ UMBRELLA LIAB ,/ OCCUR CUP-lJ811896-24-47 3/6/2024 3/6/2025 EACH OCCURRENCE s5,0001000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ OFFICER/MEMBEREXCLUDED? ❑ (Mandatory in NH) NIA E.L. DISEASE - POLICY LIMIT S If yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability ANE3562402 3/6/2024 3/6/2025 $5,000,000 Each Claim Claims Made $5,000,000 Aggregate RetroActive Date: 2/1/2000 $100,000 Each Claim Retention DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As respects General Liability coverage, The City of Palm Springs, its officials, employees, and agents are added as Additional Insured and this insurance is primary, per CGD3790219 attached. As respects Automobile Liability coverage, The City of Palm Springs, its officials. employees. and agents are added as Additional Insured, per CAT4200215 attached. 1 Alrinki SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs /� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3200 E. Tahquitz Canyon Way MAR 0 b 2024 ACCORDANCE WITH THE POLICY PROVISIONS. Palm Springs CA 92262 City Hall AUTHORIZED REPRESENTATIVE _ Reception Desk Paul Bland G19� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 78856911 1 ' 24-25 A/G/U/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PH (PST) I Page 1 of 5 0 1� ACOR" AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Management & Insurance Services GMGS Risk Mana 9 Design West Engineering 412 E. Vanderbilf Way San Bernardino CA 92408 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUUI I IUNAL KtIYIAKIID THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Palm Springs ADDRESS: 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 As respects General Liability coverage, a Waiver of Subrogation is hereby included, per SB300176B attached. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 78858911 1 "24-25 A/G/U/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 2 of 5 f� COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, assignee, successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such person or organization does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or any "personal and advertising injury" caused by an offense that is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily injury", "property damage" or "personal and advertising injury" arising out of any structural alterations, new construction or demolition operations performed by or on behalf of such mortgagee, assignee, successor or receiver. H. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of any of the following for which that governmental entity has issued such permit or authorization: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. I. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11 — WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". J. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician, nutritionist, Page 4 of 6 @ 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. 78858911 1 "24-25 A/G/U/XS/ESO I Chazise Fezguson 1 2/28/2024 2:44:07 PM (PST) I Page 4 of 5 CG D3 79 02 19 , Design West Engineering COMMERCIAL AUTO BA-4R569123-24-47-6 000929 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during,the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. R. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.S., Who Is An Insured, of SECTION If — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", An "employee" of yours is an `insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION Il — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission 78858911 1 "24-25 A/G/U/XS/E&O I Charise Ferguson 1 2/28/2024 2:44:07 PM (PST) I Page 5 of 5 i c