HomeMy WebLinkAboutA6690 - ANDERSON PENNA PARTNERS INC. AMENDMENT NO. 2
TO AGREEMENT NO. A6690
STATE REVOLVING FUND LOAN AND GREEN PROJECT RESERVE
REIMBURSEMENT ASSISTANCE
WASTEWATER TREATMENT PLANT UPGRADE
CITY PROJECT NO. 15-14
THIS SECOND AMENDMENT TO Agreement No. 6690 for consulting services, (herein
Amendment ) made and entered into on the lLrday of J U , 2017, by and between
CITY OF PALM SPRINGS, a California charter City and municipal corporation, (herein "City'),
and AndersonPenna Partners, Inc., a California corporation, (herein "Consultant"), is hereby
amended as follows:
RECITALS
WHEREAS, City and Consultant entered into that certain Agreement No. A6690 for preparation
of applications, forms, documents, financial and technical assistance in the submittal of a
funding request to the California State Water Resources Control Board for a government loan of
as much as $30 Million from the Clean Water State Revolving Fund (SRF) Program to finance
the construction of the City of Palm Springs Wastewater Treatment Plant Upgrade, City Project
No. 15-14, ("Agreement"); and
WHEREAS, the parties executed Amendment No. 1 to the Agreement to provide additional
services associated with documentation of City Project No. 15-14 applicability to the Green
Project Reserve (GPR) through the SRF Program making the City eligible for up to $720,000 in
principal forgiveness from its SRF loan amount; and
WHEREAS, the parties wish to amend the Agreement to provide additional services associated
with processing reimbursements from the GPR and the SRF Programs for City Project No. 15-
14, in accordance with Consultant's letter dated June 10, 2017, included herewith as
Attachment 1; and
Section 1. Scope of Services, Exhibit "A", is hereby amended by adding the following Task Item
6:
"6. Assist with the SRF & GPR reimbursement process for the Wastewater Treatment Plant
(WWTP) Upgrade Project — Consultant shall assist City with preparation of invoices and support
documents for the project for reimbursements for the Green Project Reserve (GPR) and the
SRF Programs. These services shall include:
• Prepare all necessary forms and eligible costs for initial reimbursement and then the
monthly reimbursements
• Provide all back up information such as prevailing wage, AIS & DBE Information for the
purpose of reimbursement processing
• Provide quarterly reports to meet the requirements
• Coordinate with State project managers in various divisions to gain full approval for all
above
• Prepare closeout documents"
ORIGINAL BID
AND/OR AGREEMENT
Section 2. Section 2.1, Maximum Contract Amount, is hereby revised to reflect the total
amended contract amount as herein specified by this Amendment. The Maximum Contract
Amount is increased to $88,690. The Schedule of Compensation, Exhibit "C", is hereby
amended and increased by $35,470 to add Task 6 "SRF & GPR Reimbursement and Reporting"
on not to exceed amount of$35,470.
Section 3. Schedule of Performance, Consultant shall provide the services provided herein by
this Amendment as directed by City; Exhibit "D" is hereby revised to extend the completion
dates in accordance with the SWRCB's acceptance of Project Closeout documentation.
Section 4. Full force and effect: Except as otherwise previously modified herein, all other
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed and entered into this Amendment as of the
date first written above.
CITY OF PALM SPRINGS,
a California charter city and municipal
ATTEST: 7;cor oration
By: 1" :Ja&—%Z $a�psen L, to tenD• 1��4- David Ready
�Tv e�% City Clerk City Manager
APPROV TO FO
APPROVED BBYICCIIITnY COUNCIL
By: Wt 7• r 1-- -- �
Boug►asfiotfand Ed•Wwr Z . Kvt-L4iV1
City Attorney
AndersonPenna Partners, Inc., a California corporation
By:
L�t2gr�Re M, Lucera. �d
L,Print4fiName/Title
PROFESSIONAL SERVICES AGREEMENT
STATE REVOLVING FUND APPLICATION ASSISTANCE
WASTEWATER TREATMENT PLANT UPGRADE
CITY PROJECT NO. 15-14
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is entered into,
and effective on April 1, 2015, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporation, ("City') and AndersonPenna Partners, Inc., a
California corporation, ("Consultant'). City and Consultant are individually referred to
as "Party" and are collectively referred to as the "Parties".
RECITALS
A. City has determined that there is a need for professional assistance in the
preparation of applications forms, documents, financial and technical assistance in the
submittal of a funding request to the California State Water Resources Control Board for
a government loan of as much as $30 Million from the Clean Water State Revolving
Fund (SRF) Program to finance the construction of the City of Palm Springs Wastewater
Treatment Plant Upgrade, City Project No. 15-14, (the "Project').
B. Consultant has submitted to City a proposal to provide professional
services to City for the Project under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education,
reputation, and expertise to provide these services and has agreed to provide such
services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
In consideration of these promises and mutual obligations, covenants, and
conditions, the Parties agree as follows:
AGREEMENT
1. SERVICES OF CONSULTANT
1.1 Scope of Services.In compliance with all terms and conditions of this
Agreement, Consultant agrees to perform the professional services set forth in the
Scope of Services described in Exhibit "A" (the "Services" or "Work") , which is attached
and incorporated by reference. As a material inducement to the City entering into this
Agreement, Consultant represents and warrants that Consultant is a provider of first
class work and professional services and that Consultant is experienced in performing
the Work and Services contemplated 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 in this Agreement. For purposes of this
Agreement, the phrase "highest professional standards" shall mean those standards of
Page 1 of 20
ORIGINAL BID
&4DM AGREEMENT
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 Consultant's
signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively
referred to as the "Contract Documents"). The Consultant's Proposal is attached as
Exhibits "B," and is incorporated by reference and made a part of this Agreement. The
Scope of Services shall include the Consultant's Proposal. All provisions of the Scope
of Services 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 provisions of the Scope of
Services (Exhibit "A"); (21d) the terms of this Agreement; and, (3'd) the provisions of the
Consultant's Proposal (Exhibit"B").
1.3 Compliance with Law. Consultant 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.
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. Consultant shall indemnify, defend, and hold harmless City against any
such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Consultant
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. Should the Consultant discover any latent or unknown conditions that will
materially affect the performance of the Services, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written
instructions are received from the City.
Page 2 of 20
1.6 Care of Work. Consultant shall adopt reasonable methods during the
term of the Agreement to furnish continuous protection to the Work and the equipment,
materials, papers, documents, plans, studies, and/or other components to prevent
losses or damages. Consultant shall be responsible for all such damages, to persons
or property, until acceptance of the Work by the City, except such losses or damages as
may be caused by City's own negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable
care and diligence to perform their respective obligations under this Agreement. Parties
agree to act in good faith to execute all instruments, prepare all documents, and take all
actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the
performance of the Services, without invalidating this Agreement, to order extra work
beyond that specified in the Scope of Services or make changes by altering, adding to,
or deducting from such Work. No such extra work may be undertaken unless a written
order is first given by the City to the Consultant, incorporating any adjustment in (i) the
Maximum Contract Amount, as defined below, and/or (ii) the time to perform this
Agreement. Any adjustments must also be approved in writing by the Consultant. Any
increase in compensation of up to twenty-five percent (25%) of the Maximum Contract
Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days,
may be approved by the City Manager, or his designee, as may be needed to perform
any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by
Consultant that the provisions of this section shall not apply to the services specifically
set forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this
Agreement, Consultant shall be compensated by City in accordance with the Schedule
of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement
by reference. Compensation shall not exceed the maximum contract amount of Thirty
Nine Thousand Two Hundred Twenty Dollars, ($39,220) ("Maximum Contract
Amount"), except as may be provided under Section 1.8. The method of compensation
shall be as set forth in Exhibit "C." Compensation for necessary expenditures for
reproduction costs, telephone expenses, and transportation expenses must be
approved in advance by the Contract Officer designated under Section 4.2 and will only
be approved if such expenses are also specified in the Schedule of Compensation. The
Maximum Contract Amount shall include the attendance of Consultant at all Project
meetings reasonably deemed necessary by the City. Consultant shall not be entitled to
any increase in the Maximum Contract Amount for attending these meetings.
Consultant accepts the risk that the services identified in the Scope of Services may be
more costly and/or time-consuming than Consultant anticipates, that Consultant shall
not be entitled to additional compensation, and that the provisions of Section 1.8 shall
not be applicable to the services identified in the Scope of Services. The maximum
Page 3 of 20
amount of city's payment obligation under this section is the amount specified in this
Agreement. If the City's maximum payment obligation is reached before the
Consultant's Services under this Agreement are completed, Consultant shall complete
the Work and City shall not be liable for payment beyond the Maximum Contract
Amount.
2.2. Method of Payment. Unless another method of payment is specified in
the Schedule of Compensation (Exhibit "C"), in any month in which Consultant wishes to
receive payment, Consultant shall submit to the City an invoice for services rendered
prior to the date of the invoice. The invoice shall be in a form approved by the City's
Finance Director and must be submitted no later than the tenth (10)working day of such
month. Such requests shall be based upon the amount and value of the services
performed by Consultant and accompanied by such reporting data including an itemized
breakdown of all costs incurred and tasks performed during the period covered by the
invoice, as may be required by the City. City shall use reasonable efforts to make
payments to Consultant within forty-five (45) days after receipt of the invoice or as soon
as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of
Services is requested by City, Parties shall execute a written amendment to this
Agreement, specifying all proposed amendments, including, but not limited to, any
additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work
product, or work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated by the City Council for each fiscal year covered by the Agreement.
If such appropriations are not made, this Agreement shall automatically terminate
without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the services to be performed by Consultant is
an essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the Work of this Agreement according to the agreed upon attached Schedule
of Performance (Exhibit "D"), incorporated by reference.
3.2 Schedule of Performance. Consultant shall commence the Services
under this Agreement upon receipt of a written notice to proceed and shall perform all
Services within the time period(s) established in the Schedule of Performance. When
requested by Consultant, extensions to the time period(s) specified in the Schedule of
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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 under 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) if
Consultant, within ten (10) days of the commencement of such delay, notifies the
Contract Officer in writing of the causes of the delay. Unforeseeable causes include,
but are 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. 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 under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement
shall commence upon the effective date of this Agreement and continue in full force and
effect until completion of the Services. However, the term shall not exceed three (3)
years from the commencement date, except as otherwise provided in the Schedule of
Performance described in Section 3.2 above. Any extension must be through mutual
written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. 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. Where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
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 stated otherwise in the notice or by written authorization
of the Contract Officer. After such notice, Consultant shall have no further claims
against the City under this Agreement. Upon termination of the Agreement under this
section, Consultant shall submit to the City an invoice for work and services performed
prior to the date of termination. Consultant may terminate this Agreement, 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.
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4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act in
its behalf and make all decisions with respect to the Services to be performed under this
Agreement: Ms. Sudi Shoop, PE; Project Manager. It is expressly understood that the
experience, knowledge, education, capability, expertise, and reputation of the foregoing
principal is a substantial inducement for City to enter into this Agreement. Therefore,
the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise
the services performed hereunder. The foregoing principal may not be changed by
Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or
his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the
Contract Officer fully informed of the progress of the performance of the services.
Consultant shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified, any approval of City shall mean the approval of the Contract
Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, 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 full or partial performance of this Agreement, nor
any monies due, 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 in this Agreement may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written consent of City. Transfers restricted in this
Agreement shall include the transfer to any person or group of persons acting in concert
of more than twenty five percent (25%) of the present ownership and/or control of
Consultant, taking all transfers into account on a cumulative basis. In the event of any
such unapproved transfer, including any bankruptcy proceeding, this Agreement shall
be void. No approved transfer shall release Consultant or any surety of Consultant from
any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is
that of an independent contractor, and nothing shall be deemed to make Consultant a
City employee.
Page 6 of 20
A. During the performance of this Agreement, Consultant and its
officers, employees, and agents shall act in an independent capacity and shall not act or
represent themselves as City officers or employees. The personnel performing the
Services under this Agreement on behalf of Consultant shall at all times be under
Consultant's exclusive direction and control. Neither City nor any of its officers,
employees, or agents shall have control over the conduct of Consultant or any of its
officers, employees, or agents, except as set forth in this Agreement. Consultant, its
officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge,
supervision, or control of Consultant's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Consultant shall pay all
wages, salaries, and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them,
including but not limited to social security income tax withholding, unemployment
compensation, workers' compensation, and other similar matters. City shall not in any
way or for any purpose be deemed to be a partner of Consultant in its business or
otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner.
This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, its officers,
employees, or agents in connection with any performance under this Agreement.
Except for professional fees paid to Consultant as provided for in this Agreement, City
shall not pay salaries, wages, or other compensation to Consultant for the performance
of Services under this Agreement. City shall not be liable for compensation or
indemnification to Consultant, its officers, employees, or agents, for injury or sickness
arising out of performing Services. If for any reason any court or governmental agency
determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of
Consultant's officers, employees, servants, representatives, 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, the insurance described below. The insurance shall be for the
duration of this Agreement and includes any extensions, unless otherwise specified in
this Agreement. The insurance shall be procured in a form and content satisfactory to
City. The insurance shall apply against claims which may arise from the Consultant's
performance of Work under this Agreement, including Consultant's agents,
representatives, or employees. In the event the City Manager determines that the Work
or Services to be performed under this Agreement creates an increased or decreased
risk of loss to the City, the Consultant agrees that the minimum limits of the insurance
policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Consultant shall immediately substitute any insurer whose
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A.M. Best rating drops below the levels specified in this Agreement. Except as
otherwise authorized below for professional liability(errors and omissions) insurance, all
insurance provided under this Agreement shall be on an occurrence basis. The
minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Consultant shall obtain and
maintain in full force and effect throughout the term of this Agreement, standard industry
form professional liability (errors and omissions) insurance coverage in an amount of
not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars
($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that
Consultant is unaware of any professional liability claims made against Consultant and
is unaware of any facts which may lead to such a claim against Consultant; or (b) if
Consultant does not provide the certification under (a), Consultant shall procure from
the professional liability insurer an endorsement providing that the required limits of the
policy shall apply separately to claims arising from errors and omissions in the rendition
of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis,
the policy shall be continued in full force and effect at all times during the term of this
Agreement, and for a period of three (3) years from the date of the completion of the
Services provided hereunder. In the event of termination of the policy during this
period, Consultant shall obtain continuing insurance coverage for the prior acts or
omissions of Consultant during the course of performing Services under the terms of
this Agreement. The coverage shall be evidenced by either a new policy evidencing no
gap in coverage, or by obtaining separate extended "tail" coverage with the present or
new carrier or other insurance arrangements providing for complete coverage, either of
which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an
"occurrence" basis, the policy shall be continued in full force and effect during the term
of this Agreement, or until completion of the Services provided for in this Agreement,
whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of
performing the Services under the terms of this Agreement.
B. Workers' Compensation Insurance. Consultant shall obtain and
maintain, 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
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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.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City Manager or his/her
designee prior to commencing any work or services under this Agreement. Consultant
guarantees payment of all deductibles and self-insured retentions. City reserves the
right to reject deductibles or self-insured retentions in excess of $10,000, and the City
Manager or his/her designee may require evidence of pending claims and claims history
as well as evidence of Consultant's ability to pay claims for all deductible amounts and
self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to
the insurance policies required of Consultant under this Agreement:
5.3.1 For any claims related to this Agreement, Consultant's coverage
shall be primary insurance with respect to the City and its officers,
council members, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City and its
officers, council members, officials, employees, agents, and
volunteers shall be in excess of Consultant's insurance and shall
not contribute with it.
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.
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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 No required insurance coverages may include any limiting
endorsement which substantially impairs the coverages set forth in
this Agreement (e.g., elimination of contractual liability or reduction
of discovery period), unless the endorsement has first been
submitted to the City Manager and approved in writing.
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 in this Agreement.
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 imposes any
additional obligations on the City nor does it waive any rights in this
or any other regard.
5.3.8 Consultant shall provide proof that policies of insurance required in
this Agreement, expiring during the term of this Agreement, have
been renewed or replaced with other policies providing at least the
same coverage. Proof that such coverage has been ordered shall
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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, or as a waiver of any
coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not 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 impair 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 in this Agreement shall be
provided by authorized insurers in good standing with the State of California. Coverage
shall be provided by insurers admitted in the State of California with an A.M. Best's Key
Rating of B++, Class VII, or better, unless such requirements are waived in writing by
the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both
certificates of insurance and endorsements, including additional insured endorsements,
affecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. City reserves the right to require Consultant's insurers to provide
complete, certified copies of all required insurance policies at any time. Additional
insured endorsements are not required for Errors and Omissions and Workers'
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Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ('as respects City of Palm Springs Contract No._" or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or
"for any and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
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 Indemnification and Reimbursement. To the fullest extent permitted by
law, Consultant shall defend (at Consultant's sole cost and expense), indemnify,
protect, and hold harmless City, its elected officials, officers, employees, agents, and
volunteers (collectively the "Indemnified Parties"), from and against any and all
liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards,
settlements, damages, demands, orders, penalties, and expenses including legal costs
and attorney fees (collectively "Claims"), including but not limited to Claims arising from
injuries to or death of persons (Consultant's employees included), for damage to
property, including property owned by City, 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
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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, 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. The Consultant shall require all non-design-professional sub-
contractors, used or sub-contracted by Consultant to perform the Services or Work
required under this Agreement, to execute an Indemnification Agreement adopting the
indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In addition,
Consultant shall require all non-design-professional sub-contractors, used or sub-
contracted by Consultant to perform the Services or Work required under this
Agreement, to obtain insurance that is consistent with the Insurance provisions as set
forth in this Agreement, as well as any other insurance that may be required by Contract
Officer.
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
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the Contract Officer to evaluate the performance of such Services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the Services required by this
Agreement, or as the Contract Officer shall require. Consultant acknowledges that the
City is greatly concerned about the cost of the Work and Services to be performed
under this Agreement. For this reason, Consultant agrees that Consultant shall
promptly notify the Contract Officer the estimated increased or decreased cost if
Consultant becomes aware of any facts, circumstances, techniques, or events that may
or will materially increase or decrease the cost of the contemplated Work or Services. If
Consultant is providing design services, Consultant shall promptly notify the Contract
Officer the estimated increased or decreased cost for the project being designed if
Consultant becomes aware of any facts, circumstances, techniques, or events that may
or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared
by Consultant, its employees, 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. Consultant
shall have no claim for further employment or additional compensation as a result of the
exercise by City of its full rights of ownership of the documents and materials. Any use
of such completed documents for other projects and/or use of incomplete documents
without specific written authorization by the Consultant will be at the City's sole risk and
without liability to Consultant, and the City shall indemnify the Consultant for all resulting
damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this
Agreement. Consultant shall ensure that all its subcontractors shall provide for
assignment to City of any documents or materials prepared by them. In the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer. All information gained by Consultant in the performance of this
Agreement shall be considered confidential and shall not be released by Consultant
without City's prior written authorization.
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,
Page 14 of 20
records, work data, documents, and activities directly related to Consultant's
performance under this Agreement. Consultant shall maintain such books, records,
data, and documents in accordance with generally accepted accounting principles and
shall clearly identify and make such items readily accessible to such parties during the
term of this Agreement and for a period of three (3) years from the date of final payment
by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and
interpreted both as to validity and as to performance of the Parties in accordance with
the laws of the State of California. Legal actions concerning any dispute, claim, or
matter arising out of or in relation to this Agreement shall be instituted in the Superior
Court of the County of Riverside, State of California, or any other appropriate court in
such County, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according
to its fair language and common meaning to achieve the objectives and purposes of the
Parties. The terms of this Agreement are contractual and the result of negotiation
between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be
construed against the drafting party, shall not be employed in the interpretation of this
Agreement. The caption headings of the various sections and paragraphs of this
Agreement are for convenience and identification purposes only and shall not be
deemed to limit, expand, or define the contents of the respective sections or
paragraphs.
8.3 Default of Consultant. Consultant's failure to comply with any provision
of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant is
in default in the performance of any of the terms or conditions of this Agreement, he/she
shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or
such longer period as City may designate, to cure the default by rendering satisfactory
performance. In the event Consultant fails to cure its default within such period of time,
City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice of any remedy to
which City may be entitled at law, in equity, or under this Agreement. Consultant shall
be liable for all reasonable costs incurred by City as a result of such default.
Compliance with the provisions of this section shall not constitute a waiver of any City
right to take legal action in the event that the dispute is not cured, provided that nothing
shall limit City's right to terminate this Agreement without cause under Section 3.5.
a. 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
Page 15 of 20
Section 8.3A, take over the work and prosecute the same to completion by contract or
otherwise. The Consultant shall be liable to the extent that the total cost for completion
of the Services required hereunder exceeds the Maximum Contract Amount (provided
that the City shall use reasonable efforts to mitigate such damages). The City may
withhold any payments to the Consultant for the purpose of set-off or partial payment of
the amounts owed the City as previously stated. The withholding or failure to withhold
payments to Consultant shall not limit Consultant's liability for completion of the
Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the Party against
whom enforcement of a waiver is sought. Any waiver by the Parties of any default or
breach of any covenant, condition, or term contained in this Agreement, shall not be
construed to be a waiver of any subsequent or other default or breach, nor shall failure
by the Parties to require exact, full, and complete compliance with any of the covenants,
conditions, or terms contained in this Agreement be construed as changing the terms of
this Agreement in any manner or preventing the Parties from enforcing the full
provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the Parties are cumulative and the exercise by either Party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party
may take legal action, in law or in equity, to cure, correct, remedy or recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory
or injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect
to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party
shall be entitled, in addition to such other relief as may be granted, to recover from the
non-prevailing Party all reasonable costs and expenses. These include but are not
limited to reasonable attorney fees, expert consultant fees, court costs and all fees,
costs, and expenses incurred in any appeal or in collection of any judgment entered in
such proceeding. To the extent authorized by law, in the event of a dismissal by the
plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of
the date set for trial or hearing, the other Party shall be deemed to be the prevailing
Party in such litigation or proceeding.
Page 16 of 20
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
direct or indirect financial interest in this Agreement nor shall any such officer or
employee participate in any decision relating to the Agreement which effects their
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 Consultant has not paid or given, and will not pay
or give, any third party any money or other consideration in exchange for obtaining this
Agreement.
9.3 Covenant Against Discrimination. In connection with its performance
under this Agreement, Consultant shall not discriminate against any employee or
applicant for employment because of 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. To the fullest extent permissible
under law, and in lieu of any other warranty by City or Consultant against patent or
copyright infringement, statutory or otherwise:
A. It is agreed that Consultant shall defend at its expense any claim or
suit against City on account of any allegation that any item furnished under this
Agreement, or the normal use or sale arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and Consultant
shall pay all costs and damages finally awarded in any such suit or claim, provided that
Consultant is promptly notified in writing of the suit or claim and given authority,
information and assistance at Consultant's expense for the defense of same, and
provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Consultant. However, Consultant will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such
that City's alteration of such deliverable created the infringement upon any presently
existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination
with other material not provided by Consultant when it is such use in combination which
Page 17 of 20
infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim
or suit and all negotiations for settlement in the event City fails to cooperate in the
defense of any suit or claim, provided, however, that such defense shall be at
Consultant's expense. Consultant shall not be obligated to indemnify City under any
settlement that is made without Consultant's consent, which shall not be unreasonably
withheld. If the use or sale of such item is enjoined as a result of the suit or claim,
Consultant, at no expense to City, shall obtain for City the right to use and sell the item,
or shall substitute an equivalent item acceptable to City and extend this patent and
copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing. All notices shall be personally delivered, sent by pre-
paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt
requested, or delivered or sent by facsimile with attached evidence of completed
transmission. All notices shall be deemed received upon the earlier of (i) the date of
delivery to the address of the person to receive such notice if delivered personally or by
messenger or overnight courier; (ii) five (5) business days after the date of posting by
the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any
notice, request, demand, direction, or other communication sent by facsimile must be
confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not
acceptable manners of notice required hereunder. Notices or other communications
shall be addressed as follows:
To City: City of Palm springs
Attention: City Manager& City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: Angelique M. Lucero, Principal
AndersonPenna Partners, Inc.
3737 Birch Street, Suite 250
Newport Beach, CA 92660
Telephone: (949) 428-1500
Facsimile: (949) 258-5053
Email: alucero@andpen.com
10.3 Integrated 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 in this Agreement.
Page 18 of 20
10.4 Amendment. No amendments or other modifications of this Agreement
shall be binding unless through written agreement by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall
be interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement shall be determined to be invalid by a final judgment or
decree of a court of competent jurisdiction, such provision shall be ineffective only to the
extent of such prohibition or invalidity, without invalidating the reminder of that provision,
or the remaining provisions of this Agreement unless the invalid provision is so material
that its invalidity deprives either Party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure
to the benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this
Agreement be construed as conferring, any rights, including, without limitation, any
rights as a third-party beneficiary or otherwise, upon any entity or person not a party to
this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges
and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and 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 NEXT PAGE]
Page 19 of 20
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
"CITY"
City of Palm Springs
Date: By. sue/
David H. Ready
City Manager
APPROVED AS TO FORM: ATTEST
By:
oug s C. Holland, ames Thompson,
City Plorney City Clerk
APPROVED BY CITY COUNCIL: APPROVIM B(GI-it c.ol
•1 .1h �P ANd�o
Date: Agreement No.
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.
CONSULTANT NAME:
AndersonPenna Partners, Inc., a California corporation
3737 Birch Street, Sutie 250
Newport Beach, CA 92660
By By
t rizedd) gnature o ized) /.
eG R.-HaCJ dx 0.GIGIWW
Page 20 of 20
ACKNOWLEDGMENT
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 Or1a�nge )
On 1019 , )015 before me Mehdi Zahedi notary public Personally appeared
06 S d Nl. A cN/✓4
who proved to me on the basis of satisfactory evidence to be the personf4 whose nameA is/aw—
subscribed to the within instrument and acknowledged to me that 4eishe/t4@yexecuted the same
in 4i*/her/446r authorized capacity(ies), and that by hie,4hcr/t4e4r signature(*) on the instrument the
person(-j), or the entity upon behalf of which the person(-s4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
jkMEHDIZAHEDI
Notary
Comm.#1961793 Public•Ca liforniaOrange Countymm.Expires Dec 23,2015
Signature
Dlmd-iZahedi,no rvpnbi" :Votary Seat
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Title or type of Document
Document Date „f Number of pages. 2 (including this page)
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 Calif/o*r,n�ia., )
County of — w161 L ) y
On a3 ►5 before me, IQ jAACO_D/J �G(w YlA/j��L
Date /^• _ + / Here Insert Name and Title of the Officer
personally appeared _'-I tIAA l M IAA�
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their 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
is true and correct.
AJA E.LUCER0 WITNESS my hand and official seal.
CanrMfnion•2015390
Notary Public •Californq J
Orange County Signature /kaex-�
My Comm.Expires Mar 26 2017 gignature of Notary Public
Place Notary Seal Above
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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
❑ Individual ❑Attomey in Fact ❑Individual ❑Attomey 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 City with professional assistance in the preparation of
applications forms, documents, financial and technical assistance in the submittal of a
funding request to the California State Water Resources Control Board for a
government loan of as much as $30 Million from the Clean Water State Revolving Fund
(SRF) Program to finance the construction of the City of Palm Springs Wastewater
Treatment Plant Upgrade, City Project No. 15-14, (the "Project"). Anticipated start date
for construction is January 2016. SRF Loan approval must be obtained prior to the
construction start date.
Consultant's task shall include, but not be limited to the following:
1. Project Administration
a. Meetings/Conference calls — Consultant shall attend progress meetings
and/or conference calls with City to provide Project updates and shall identify
outstanding Project issues (up to 5 meetings, one of which includes the Start-
up meeting).
Consultant shall attend Kick-off meeting with State Water Resources Control
Board (SWRCB) to introduce Project to SWRCB and other meetings with
SWRCB, as needed to ensure progress with submittal and processing of the
SRF Loan for the Project.
b. Reports — Consultant shall provide a monthly status report including work
performed to date, for the month, what is upcoming and any potential issues.
Report will include an updated schedule in table form indicating significant
submittal dates.
c. Presentation Assistance — Consultant shall assist City staff with
presentations, presentation boards, or other presentation materials required
to adequately describe the Project to City Council members (up to six boards,
one per meeting).
d. Process Development — Consultant shall develop an internal process for City
to follow now, and in the future, for identifying potential SRF loan projects,
submitting the application, successfully securing the loan, and meeting
subsequent reporting requirements.
Exhibit "A"
Page 1 of 3
2. Pre-Application Preparation
a. Consultant shall familiarize itself with the City's Project and all associated
documents to determine if any other information is needed from City to meet
the SRF Loan application requirements. Consultant shall provide necessary
assistance to City to obtain all documents needed to complete application and
successfully secure SRF funding in a timely manner.
Current City Project documents include:
• Notice of Intent to Adopt a Mitigated Negative Declaration
• Final Initial Study/ Mitigated Negative Declaration (IS/MND)
• CEQA Notice of Determination
• Project Plans and Specifications (100% complete)
• Detailed engineer's cost estimates
• Addenda issued during prior bid process (July 2014)
• Bid results and bid analysis
• Rejected construction bids (3)
• Bid analysis of pre-purchased equipment
• Geotechnical Reports (2)
• AQMD Permit application
• Other related information
3. Submittal of Application — Consultant shall coordinate with City staff to prepare the
SRF Loan application to submit to SWRCB. Documentation to be prepared will
include all applicable application forms and the various attachments required to
initiate the SWRCB's review of the Project. Submittals necessary to complete the
SRF application include, but are not limited to:
a. General Information Package — Consultant shall complete and submit the
General Information Package to SWRCB. Package includes basic
information such as Project Description, preliminary cost estimate, and
benefits summary used to assist SWRCB in categorizing Project.
b. Technical Package — Consultant shall complete and submit the Technical
Package to SWRCB including all necessary data, reports, tables and figures
for successful presentation of the SRF-required Project Report. Consultant
shall prepare a draft of the Project Report for City review and a Final Project
Report for submittal to the SWRCB staff.
Consultant shall work with City and review all current Project technical
information to ensure that all required information is available, that City is
compliant with all State required discharge and conservation measures, and
that all environmental work has been completed.
Exhibit "A"
Page 2 of 3
c. Environmental Package — Consultant shall review City's environmental
documetns and perform any work necessary to complete and submit the
Environmental Package to SWRCB. Consultant shall ensure that City
complies with any additional requirements relative to cultural resources or
preservation.
d. Finanical Security Package — Consultant shall complete and submit the
Financial Security Package to SWRCB. Consultant shall work with the City's
Finance Director and Financial Advisor to gather audited financials and
budgets, and any legal opinions or resolutions relevant to the Financial
Security Package.
Consultant shall coordinate the submittal of any documents (i.e. resolutions,
tax questionnaires, etc.) prepared by others which are required for the
application and ensure they are submitted to the SWRCB.
4. Assist with Review of Financing Agreement — Consultant shall assist City with the
review of the SWRCB standard Financing Agreement and preparation of the
appendices to the Financing Agreement.
END OF EXHIBIT "A"
Exhibit "A"
Page 3 of 3
EXHIBIT "B"
'CONS LTANT U S PROPOSAL
FOLLOWS THIS PAGE
Exhibit "B"
Proposal to provide
` A
4A M S
a
'q�/PO RNA
Professional Engineering and Consulting Services
State Revolving Fund Application Assistance
March S, 2015
Submitted by:
ANDERSON • PENNA
• PARTNERS IN PROJECT DELIVERY •
Ah.d.ers Pewetia. Par(vI.evy, rvLt�.
3737 6 rC4,L� Streff, Sbc 1e& 2.50
Ne rio-rF 6e4a4,L,, GA 92660
(944) 428 -2500
www.andpen.com
//
ANDERSON • PENNA
PARTNERS IN PROJECT DELIVERY -
March 5, 2015
Mr. Marcus Fuller, MPA, PE, PLS
Assistant City Manager/City Engineer
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Proposal for State Water Resources Control Board State Revolving Fund Application Assistance
Dear Mr. Fuller:
AndersonPenna Partners, Inc. welcomes this opportunity to submit our proposal to provide state revolving
fund application assistance to the City of Palm Springs. We are a California corporation that has been in
business since 2005, and are a woman-owned certified small business enterprise. We currently have 60
employees serving roles as program/project managers, design engineers,construction managers, inspectors,
code enforcement officers, plan check engineers, and grant administrators.
Our Principals and staff are experienced in assisting with project finance and delivering many types of public
infrastructure projects. We are proposing Sudi Shoja, PE as Project Manager,with support from Angel
Lucero, Principal-in-charge, and APP's engineering and document preparation staff resources.Our familiarity
with the state revolving loan processes,the SWRCB staff, and the schedule requirements;will assist the City
in successfully obtaining one or more SWRCB state revolving fund loans.
Ms. Shoja, PE is a former City Engineer/Assistant Director of Public Works who brings more than 25 years of
municipal engineering responsible for budgeting,and management of Capital Improvement Programs and
special projects, fund administration and formation and administration of various types of assessment
districts.She has extensive experience in securing and managing various federal, state and local funds and
bond measures including more than $57million in state revolving fund loans for various capital improvement
projects for the City of Vista.
Anderson Penna Partners, Inc.was selected by South Coast Water District(SCWD) in 2013 by responding to
the Request for Proposal from the District. Sudi Shoja was the Project Manager that was responsible for
submittal of the SRF application for the $102million that was approved in record time and received no
corrections. Anderson Penna Partners,Inc. has since been selected as the Grant Assistance Consultant for
the District.
Ms. Lucero assisted the City of La Canada Flintridge in obtaining three SRF loans, of which the City utilized
two of these loans to fund more than $60 million in sewer improvements.The third loan was approved, but
property owners in the City did not support the assessment district that was going to be used to repay the
loan.
The undersigned is the contact person for City correspondence and contracting:
Angelique M. Lucero, Principal
AndersonPenna Partners, Inc.
3737 Birch Street,Suite 250, Newport Beach, CA 92660
Business Ph:(949)428-1500 Cell Ph:(714) 504-2753 Fax: (949) 258-5053 email: aluceroPanduen.com
3737 f3 i.rc4,,Sfret*, Sfe-250 • NZvvr,,i -f3&", OA 92660 v✓w-w-av�dyi Lw '
PHN 949 428 3.500 • FAX 949 258 5053
City of Palm Springs
March 5,2015 ANDERSON•PENNA
Page 2 . RARTNEwe IN PROJECT DEL4VEa..
AndersonPenna and its principals have no interest, ownership, nor have they received or anticipate to
receive any remuneration of any type from any manufaturer,supplier or distributor which may be
recommended on the Project.
We look forward to meeting with you to develop a specific scope of work that meets the City's needs for
funding projects through the Clean Water State Revolving Fund, and answering any questions you may have
about our proposal.
Sincerely,
AndersonPenna Partners, Inc.
C e
Angeli ue . Lucero,
Principal
ANDERSON • PENNA
PARTNERS IN PROJECT DELIVERY •
Contents
ExecutiveSummary .....................................................................................................................................1
KeyIssues................................................................................................................................................1
KeyStaff Assignments..............................................................................................................................1
AndersonPenna Partners, Inc.—Background.............................................................................................2
ProjectApproach.........................................................................................................................................2
Scopeof Work.............................................................................................................................................4
EstimatedProject Schedule..........................................................................................................................5
KeyPersonnel..............................................................................................................................................5
RelevantExperience..................................................................................................................................12
References............................................................................................................................................15
OrganizationalStructure..............................................................................................................................6
Level of Effort..................................................................................................Error!Bookmark not defined.
i � F
1A, Proposal for State Revolving Fund Assistance
. .�,. : City of Palm Springs
•a e.1`
Executive Summary
The City of Palm Springs is interested in obtaining low-interest rate funding for rehabilitation of its 10.9 MGD
Wastewater Treatment Plant. It is our understanding that the City could potentially want to pursue the
estimated$55 million that is required to complete the Capital Improvement Plan for the plant that the City
Council approved April 21, 2010.
The SWRCB offers Clean Water State Revolving Fund 'A`=
(CWSRF loans with a30 year repayment eriod that IA , A rmi'•
) YP nwraw..ano-••...+a•
begins one year after construction is certified ❑ ❑ w,
complete.The loans have fixed interest rates equal to
one-half the rate of the latest state general obligation
bond.The City would like assistance in applying for
the loan. This would include getting the project on
the CWSRF Pro ram's Project Priority list, prepann
loan applications and attachments, and coordinating
with SWRCB Division of Financial Assistance staff to
secure the SRF loan,implement the funding
agreement, and administer the reimbursement ❑ ❑ ❑
en.M.a.l4 Ww.
process.
Key Issues ---- --
i
• Immediate submission of available
documents, especially environmental
documents because of the long review lead figured.The nndersonpennit staff assigned to tb is project have
time. successfully completed Clean Water SRF loans.Our track record,
staff augmentation background, and familiarity with the latest
• Identification of any non-eligible costs(e.g., SWRCB procedures and issues provides the City with the
certain right of way acquisition costs, expertise necessary to complete its first SRF loan,and establish
contingencies and decorative items, and appropriate procedures For future project loans.
potentially equipment that is not American
made).We will do our very best to use all the
allowable processes to get the City of Palm
Spring pre-purchased equipment qualified for
inclusion in SRF loan.
• Coordination of the required credit and legal review.
Key Staff Assignments
• Sudi Shoja, PE,Project Manager has extensive experience in securing and managing various federal,
state and local funds and bond measures, including:State Revolving Funds(SRF), FTA New Start,
Highway Rail Crossing Safety Account(HRCSA),Community Development Block Grant(CDBG),
Highway Safety Improvement Program (HSIP), Bicycle Transportation Account(BTA), High Priority
Projects(HPP),Transportation community and System Preservation (TCSP), Recycled Asphalt
Concrete(RAC), Local Tax Measures and various Propositions, FEMA, Cal-EMA, and numerous other
grants from regional agencies.
• Angel Lucero, Principal-in-charge has 28 years of experience in municipal funding experience
including securing state revolving fund loans through the SWRCB, railroad infrastructure funding
1 ) PaF, e
ANDERSONTENNA
Proposal for State Revolving Fund Assistance
City of Palm Springs
4b,eM`�
through the Federal Railroad Administration,transportation funding through the California
Transportation Commission, and a variety of assessment district and Mello-Roos district formations.
Additional Support Staff.As necessary,AndersonPenna's engineering and administrative staff will
assist in the compilation and submittal of documents. Debby Cobb will assist with compiling and
submitting the various application pieces.With a staff of more than 60 people,AndersonPenna has
sufficient depth of resources to ensure a timely completion of the funding application.The resume of
Dennis Jue, PE is included for information, although based on the scope outlined, it is not anticipated
that Dennis will be involved in this project.
Through the use of highly experienced staff,AndersonPenna provides the needed expertise and knowledge
to complete these services in the most cost effective way.
AndersonPenna Partners, Inc. - Background
AndersonPenna Partners, Inc. (APP)specializes in project delivery for local and regional public agencies and
transportation authorities throughout the United States,with an emphasis on practical, experienced and cost
effective solutions. Our team of professionals provides civil engineering planning and design, construction
oversight and inspection, project and construction management,and grant applications and management.
Our clients range from various cities and counties to railroads, transportation agencies and special districts.
APP also provides staff augmentation for public works and planning departments, administration of federally
funded projects, and peer plan review/plan check
services.
We are a California S-Corporation that has been in
business since 2005, and are a woman-owned DBE r,, +y W, �1 a
and Certified SBE.Work forthis projectwill be
performed out of our headquarters in Newport Frmall firm focus
Beach,CA.We have more than 60 employees S on mer Committed to
operating out of Southern California, as well as b�, getting the job
firm done right
supporting several satellite and/or project/client resources APP
offices for several field operations employees. By L., StM119ths
design,our staff is comprised of professionals with
extensive experience working directly for public
agencies. ing whis Staff:th
Our familiarity and know-how gained by working our c1lemb; for substantial
dfff�ct 1p.
ioutatiodinit pr*d municipal ser vices
side-by-side with local and regional agency staff, in k "my experience
developing collaborative relationships with
community and business stakeholders, and by
partnering effectively with state and federal regulatory agencies, delivers successfully completed projects
and services,well-managed budgets, and thoroughly satisfied stakeholders and clients.
APP tailors its management approach to carefully monitor program effectiveness,and closely track work
quality, quantity,and cost. Delivering projects under aggressive schedules requires careful management,
administration,and oversight of project development teams from inception to completion with committed,
complete ownership of all aspects-
2 1 P
ANDERSONTENNA
Proposal for State Revolving Fund Assistance
City of Palm Springs
,rand
Project Approach
The primary issues that will need to be addressed revolve around schedule and coordination. Three key
submittals will be required to be approved by both the City of Palm Springs and the SWRCB: Financial,
Environmental and Technical. In our experience, review times can span several months. The City of Palm
Springs may proceed with construction without the approval, but any construction costs incurred prior to the
preliminary approval will not be eligible for reimbursement.
APP's Project Manager Sudi Shoja,PE is the ideal candidate to shepherd the documents through both
agencies' approval processes.Consistent contactwith SWRCB staff is required to ensure that documents
receive timely attention, and that all necessary documents and supporting documents are supplied as quickly
as possible. In our experience, one to three trips to Sacramento to meet face-to-face with staff materially
expedites processing. We would be available to support the City of Palm Springs with these meetings in the
event the schedule appears to drawing out.
Our approach to the SRF application will be to immediately become familiar with all available documentation
and contact the SWRCB to register the project and discuss the project with the SWRCB assigned project
manager. Sudi will arrange a kick off meeting and will review all the information that the City has put
together. Her first task will be to compile the Environmental submittal information.This submittal has the
longest review period and we highly recommend that this be the top priority for the project team.
Immediately following the submittal of the Environmental package,the Financial Package and the Technical
Package will be prepared for the financing team's review. Sudi will be in direct communication with the City
offices such as the Finance and Administration, and Legal and Engineering departments.As the Project
Manager, Sudi will make sure that City reviews all the application sections before submittal and that all the
submittals meet and exceed the requirements.
Such will be responsible for day-to-day contact with SWRCB staff.As questions arise,she will coordinate with
the appropriate project team member to prepare a timely response. Every effort will be made to meet the
City's schedule.
Certain City Council Resolutions will need to accompany the submittals, and Sudi will work with the City's
representatives to prepare these resolutions, and will work with City staff to prepare any necessary staff
memorandums. Once approvals are received,Sudi will work with City staff to finalize the financing
agreement. It is critical that the not-to-exceed fee in the agreement fully addresses contingencies, because
under no circumstances will the loan payout in excess of the not-to-exceed fee.
As construction begins,Sudi will assist the City in requesting reimbursements, and in establishing the
necessary Funds to account for the proceeds.
31Pa ;; P
ANDERSON TENNA
Proposal for State Revolving Fund Assistance
-: City of Palm Springs
Vorod`�
Scope of Work
A Clean Water SRF loan requires a great deal of coordination with the project's engineers,finance staff, and
legal counsel in order to obtain the necessary information to supply to SWRCB staff.There are many
individual pieces that will need to be prepared and compiled, including the items in Figure 2 below,which are
attachments to the four page application.
Title of Attachment The assigned project team is
Project Description experienced with working with large
Estimated Annual Disbursement Schedule teams to obtain the varied
Sources of Funds for Capital Costs information, and will produce a quality
Legal Authority loan application that the City of Palm
Application and Authorization Resolution Springs will be pleased to submit to
Water Rights determination from the Division of Water Rights the SWRCB.
Project Report and/or Facilities Planning Document
Environmental Documents It is important that the City
Credit Review Package understands that the SWSRF process
Project Schedule has recently been streamlined, but still
Regional Board Requirements(Waste Discharge Requirements) generally takes 6-9 months to
Applicant's Authority on Property Access to Construct Project complete.We will make every effort to
Real Property Acquisition
seamlessly deliver each step in order
Agreements with Other Parties
to have a signed funding agreement
Tax Questionnaire
that meets the City's desired
Water Conservation Plan construction schedule. The City may
Urban Water Management Plan (if required) incur eligible equipment procurement
Dedicated Source of Revenue and construction costs prior to
Certification of Compliance With Federal Laws and Authorities execution of a financing agreement,
Reimbursement Resolution
General Plan Certification butit will be at theirown risk.
Schedule of System Obligations(SSO) Package Equipment procurement generally has
less risk, and will be a priority
Figure 2. Attachments required as part of application. A broad range of
information is required to be gathered, compiled and submitted. discussion item with SWRCB staff. In
AndersonPenna is experienced with wax king as part of a large team under addition, the engineering team should
schedule constraints.
be informed if this approach is used in
order to incorporate any schedule issues into the bid documents. Another alternative is to include the
concept of refinancing in the application. If for instance, the project team determines that some form of
bridge financing could be used,the CWSRF loan can be used to refinance that debt. The schedule in Figure 3
below outlines key steps in the application process based on our understanding that a majority of the
environmental documentation process has been prepared and is ready for processing.
q ) Par.
ANDERSON. PENNA
Proposal for State Revolving Fund Assistance
City of Palm Springs
Estimated Project Schedule fTo be Refined with City Staf
Description Estimated Date Responsible Party
2 Notice to Proceed to AndersonPenna 04/06/2015 City
3 General Application Submittal 04/15/2015 Sudi Shoja, PE
3 City Council Meeting—Approve SRF Resolution designating 5/06/2015 City
an authorized representative and stating intention to use
State Revolving Funds to fund the project
4 Environmental Submittal 05/11/2015 Sudi Shoja, PE/Project
Team
5 Technical Submittal 06/15/2015 Sudi Shoja, PE/City
staff
6 Financial Submittal 06/17/2015 Sudi Shoja, PE/
Engineer/City staff
7 City Council Meeting 06/17/2015 Finance Director/
Commit revenue source to repayment of SWRCB loan Counsel
8 Execute Funding Commitment and Installment Sales 10/31/2015 SWRCB/City
Agreement
9 1't Disbursement Request to SWRCB 11/15/2015 City or SWRCB
Coordinator
10 1"Disbursement to City 12/31/2015 SWRCB
11 End Construction TBD Contractor/City
12 Regular Disbursement Requests and quarterly reports TBD SWRCB
submitted through construction up to limos. after complete Coordinator/City
17 Final Project Inspection (within one year of initiating TBD SWRCB
operation)
18 Project Performance Report and Certification (certify project TBD City
meets established performance standards)
19 Project Closeout/Finalize loan repayment schedule TBD City/SWRCB
Coordinator/SWRCB
20 Begin Loan Repayment(20 years) TBD City
Figure 3.Draft schedule for implementing a C WSRF loan for the City of Palm Springs.
Key Personnel
As Project Manager, Such Shoja, PE will be primary point of contact to the City of Palm Springs and
financing/engineering team for the Wastewater Treatment Plan Rehabilitation project SRF application. She
will personally oversee this project and any additional contract work that APP performs for the City.
In this capacity,she will work with City staff to establish a schedule and scope of work that is likely to include
the activities listed in the Proposal's Attachment A Scope of Services,as well as assistance with various
resolutions that will need to be considered by City Council as part of initiating the SRF process. She will also
be personally responsible for compiling the loan application for the City's approval, see Figure 3.
5 /i
ANDERSON TENNA
•� Proposal for State Revolving Fund Assistance
City of Palm Springs
Organizational Structure
%pplM S
O
\'C4<fFOaH�p��
Project Manager
Angel Lucero
Princi•.
Quality
DennisDebby Cobb
SupportAdministrative Support Engineering
(optional support)
Resumes
Following are resumes of key staff.
61Va � e
ANDERSON PENNA
TN Proposal for State Revolving Fund Assistance
J. : City of Palm Springs
Sudi Shoja, PE, F. ASCE
Project Manager
As a former City Engineer/Assistant Director of Public Works Sudi
brings more than 25 years of municipal engineering responsibility Education
for budgeting, and management of Capital Improvement M.S.Civil Engineering
Programs and special projects, Fund Administration and CA PE g42958
formation and administration of various types of assessment Professional Affiliations
districts. She is considered one of the most innovative in securing American society of Civil
grants and has providing advice and resources for various Engineers-Fellow Member
agencies.The 2012 grant applications submitted on behalf of the American Public Works Association
County of Orange was considered one of the best written grants —Chapter chair for Emergency
and posted on FHWA website as an example. Her administration Management Committee
skills have ensured successful audits of all grants managed in her orange County Disabilities and
tenor. Access and Functional Needs
Working Group
She has an extensive experience in securing and managing Sheriff Hutchen's Community
various federal,state and local funds and bond measures. Advisory Council
Following are some of the transportation grants she successfully Laguna Niguel Citizen Emergency
secured for various agencies: FTA New Start, Highway Rail Response Team
Crossing Safety Account (HRCSA), Community Development Block Years of Experience
Grant(CDBG), Highway Safety Improvement Program (HSIP),
Bicycle Transportation Account(BTA), High Priority Projects Entered the profession in 1988
(HPP),Transportation community and System Preservation
(TCSP), Recycled Asphalt Concrete (RAC), Local Tax Measures and
various Propositions, State Revolving Funds(SRF), FEMA, Cal-EMA, and numerous other grants from
regional agencies.
Sudi has also been very successful in obtaining grant funding for environmental, creek and trail
restoration projects from various funding sources. Sudi has a lot of experience in many different grants
such as Grade Separation and grants for Emergency Preparedness including FEMA, Cal-EMA and those
through private foundations and organizations.
Moreover,she has also held numerous leadership positions with professional associations and philanthropic
organizations.
RELEVANT EXPERIENCE
Clean Water Act State Revolving Fund Loan South Coast Water District,Laguna Beach, CA.Project manager
responsible for preparing loan application materials for the District's Tunnel Rehabilitation and Replacement
Project.Assisting staff with the preparation of environmental, project and financial packages to secure a
$102-million Clean Water Act state revolving fund loan from the State Water Resources Control Board.
South Coast Water District,Laguna Beach,CA. Providing on-call grant tracking and grant writing support for
the District. Currently have two grant applications pending, and tracking several upcoming grant releases
including November 2014 Proposition No. 1 opportunities.
Municipal Engineering,City of Vista,CA. City Engineer/Assistant Director of Public Works responsible for the
budgeting,scheduling and implementation of the annual $60 million Vista CIP program with a staff of 25.
ANDERSONTENNA
�$. Proposal for State Revolving Fund Assistance
: City of Palm Springs
Successfully secured multiple annual grants to fund CIP projects and other projects that resulted in
conversion of staff charges from general funds to enterprise funds.
• Part of the management team overseeing$110 million of sewer system improvements,including a
successful rate increase process, design,construction and maintenance of the system. Secured$26M
in State Revolving Funds (SRF)for 14 projects and submitted for additional $31ML SRF applications
before departure from the City.This resulted in abandoning the bond option and pursuing the SRF
loan options for the entire program.This translated to substantial savings for the City.Sudi worked
directly with State staff to process the applications, establish City's financial capacity for loan
repayment, and meet and discuss the project to expedite the process.
• Member of the leadership management team responsible for development of a successful ballet
measure for 1/2cent tax increase that resulted in a$100ML bond measure towards construction of a
new city hall,two fire stations and a park complex
• Responsible for formation and administration of all aspects of various assessment districts including
coordination of the process with various city and outside stakeholders including financial advisors
and bond council, holding community meetings and council presentations to provide methodology,
cost estimates,contributions, and engineering reports,design and construction of all work.
• Responsible for management of all right-of-way acquisitions within assessment districts and for all
capital improvement projects, negotiations and settlements.
• Responsible for daily activities of Design and Contract Administration, Construction Management of
CIP and sewer program, Right-of Way Division,Storm Water,and Traffic Engineering.
Municipal Engineering,City of Santa Ana,CA. Managed complex projects from conceptual planning to
project completion.
• Actively involved in the planning and development of CIP and grant application process.
• Established a financial reporting system for tracking budget,grant funding and staff time.
• Supervised the staff effort that led to the recovery of$2 million of City funds and earned an
Exceptional Quality Service Award.
• Responsible for process improvement and implementation of liability prevention and customer
service measures.
• Responsible for the development of the Public Works component of the Santa Ana Property
Information Network(SAPIN)and supervised the department's internal database systems.
• Agency liaison to Historical Resources commission and Santa Ana Unified School District.
• Recommended and implemented staff cross-training program to achieve improved customer service.
• Established the Omnibus contract procedure to maximize construction funding and scheduling of
public improvements.
R ( P ,ige \
ANDERSON TENNA
Proposal for State Revolving Fund Assistance
City of Palm Springs
Angelique M. Lucero
Principal-in-charge
Ms. Lucero brings over 29 years of experience in finance, public works
funding, assessment district formation and administration, grant Education
management, project management, and project administrative BS/1984/Business,Finance/
support to local agencies. Ms. Lucero has been Chief Financial Officer California State University at Long
for AndersonPenna Partners since its inception in 2005. Her Beach
responsibilities include management of financial statements and Professional Affiliations
accounting; banking arrangements; insurance, IT and employee
benefit procurement; human resources and proposal American Railway Engineering and
Maintenance-of-Way Association
man agem ent/preparati on. (AREMA)
In addition, Ms. Lucero has assisted more than 70 public agencies and American Short Line and Regional
private interests in preparation of assessment engineering and Mello- Railroad Association(ASLRRA)
Roos community facilities district documentation, ongoing Women Transportation Seminar
administration of assessment districts and CFD's, coordinating state Years of Experience
and federal grant applications and the ongoing administration of Entered the profession in 1984
funds received, and support in the development of short and long-
term capital improvement programs. Her resume also includes the
preparation of fee and rate studies, as well as the formation and administration local improvement districts
in California, Nevada and Arizona.
Ms. Lucero has been responsible for overseeing environmental compliance and permitting, preparing race
neutral and race conscious Disadvantaged Business Enterprise documentation for public agencies,and policy
procedure manuals.
RELEVANT EXPERIENCE
South Coast Water District, Laguna Beach,CA. Principal-in-charge for the preparation and management of a
$102 million SRF loan application for the Beach Interceptor Sewer Tunnel located between Three Arch Bay
and Aliso Creek Beach.
South Coast Water District,Laguna Beach,CA. Providing on-call grant tracking and grant writing support for
the District. Currently have two grant applications pending, and tracking several upcoming grant releases
including November 2014 Proposition No. 1 opportunities.
City of La Canada Flintridge,CA,State Water Resources Control Board State Revolving Fund Loans: Project
Manager responsible for preparing necessary documentation to obtain three loan commitments through the
State Revolving Fund administered by the State Water Resources Control Board.The funds are being used to
construct$60 million in sewer line improvements in the City, with another loan request of at least$40 million
scheduled to occur in 2009. Angel has been responsible for working closely with City Council and the
engineering and financing teams in order to complete the necessary loan packages which include:
• Exploring economic stimulus opportunities with SWRCB
• Assisting the special resolutions, project reports detailing project alternatives and cost estimates,
compiling environmental,financial and legal documentation, and numerous tables
• Revenue strategies
9 ( FaF. `
ANDERSON TENNA
A Proposal for State Revolving Fund Assistance
City of Palm Springs
VI,10lM!
• Setting up and attending meetings with SWRCB staff and City Council members, and presentations to
City Council and property owners
• Preparing and implementing public outreach programs for the first two project areas.
North Coast Railroad Authority:As NCRA's on-call planner and financial consultant,responsible for
completing special projects including:
• Exploring economic stimulus opportunities and preparing TIGER, ISTEA, and SAFETEA-LU
reauthorization grant applications.
• Compiling and processing an application with the Federal Railroad Administration for a Railroad
Rehabilitation Infrastructure Financing loan.
• TCRP grant applications to program more than $40 million, including meeting with Caltrans District
and Headquarters and California Transportation Commission staff.
• Project administration including the invoice review,scheduling,financial modeling for a$40 million
rehabilitation program.
• Preparing their first Disadvantaged Business Enterprise Program documentation.
• Preparing a Policies and Procedures Manual to incorporate state and federal regulations.
• Coordinating information and drafting/finalizing NCRA's strategic plan and subsequent updates
• As an extension of staff,managing the environmental assessment process including the release of an
extensive Environmental Impact Report for a four-county area.
City of Irvine On-call Consulting: Responsible for administering the day-to-day activities of the City's capital
facilities funding program as an extension of city staff. Responsibilities include:
• Staff report preparation and coordination with departments.
• Coordination with the City's financing team including public works and finance staff,attorneys,
underwriters,financial advisors, appraisers, and economists to address specific issues,changes,and
formations of the city's 16 assessment districts and community facilities districts.
• Being in City Hall to answer questions and address specific needs.
• Working closely with City staff to keep them informed of pertinent issues including the preparation
of multiple financing schedules,recordation and noticing requirements, and financial documentation
10 j c /i
ANDERSONTENNA
: '. Proposal for State Revolving Fund Assistance
City of Palm Springs
Deborah L. Cobb
Administrative Support
Ms. Cobb has more than 20 years of project management Project Experience
experience in the disciplines of civil engineering, contract • City of Beaumont, Fairway Canyon
administration, and public financing of special financing districts. • City of Bellflower,West Branch
Expertise includes the formation and annual administration of Greenway Landscaping
districts to fund public works infrastructure. Ms. Cobb has , City of Bellflower,Eucalyptus Multi-
successfully assisted over 50 public agencies with the formation of Family Improvement District
districts in order to fund the construction and maintenance of
improvements in their communities. Ms. Cobb assists agencies • City of Brea, Master Plan Water
acquire infrastructure funded by the Districts by reviewing Improvements
developer reimbursement submittals in adherence to the funding • City of Calabasas, Landscape
and acquisition agreements. Maintenance District Nos. 22,24,27,32
• City of Cathedral City, Rio Vista
Ms. Cobb's responsibilities include preparation of engineer's , City of Chino,College Park
reports, Proposition 218 assessment balloting, and annual levy
submittal to the County Auditor-Controller in compliance with • City of Fountain Valley, 15 Year CIP
government codes. After the district has formed, Ms. Cobb provides Planning and Design—Sewer Facilities
district administration services to support public agencies acquire • City of Fullerton,Amerige Heights
the infrastructure. She has substantial experience with the following • Eastern Municipal Water District,
services: maintaining document control systems, State public works McSweeny Farms
bidding procedures and contract law, prevailing wage labor • City of Highland,Street and Drainage
compliance, tracking project schedules and budgets, coordinating Maintenance
submittals to cities/counties, assisting with permits and inspections, • City of Indio,Terra Lago
attending construction meetings,reviewing monthly invoices change
order eligibility, lien releases, confirming public agency acceptance • City of Irvine and The Irvine Company,
of infrastructure through as-builts and certification of quantities and Stonegate,Shady Canyon,quail Hill
costs, reviewing developer reimbursement request submittals and • City of Newport Beach,Underground
coordinating the acquisition by a public agency of public Utilities Assessment Districts
infrastructure. • City of San Clemente, Laing Forster
Ranch
RELEVANT EXPERIENCE • City of Victorville,West Creek
South Coast Water District, Laguna Beach, CA. Support for the • City of West Covina,Landscape
preparation and management of a $102 million SRF loan application Maintenance Districts Nos.4 and 7
for the Beach Interceptor Sewer Tunnel located between Three Arch • Cities of Yorba Linda,Irwindale, and
Bay and Aliso Creek Beach. West Covina,Sewer Maintenance Fees
City of Irvine Acquisition Project Oversight/Reimbursement: Since • City of Yucaipa,Chapman Ave
2003, Ms. Cobb has reviewed over two hundred developer Education
reimbursements, and recommended the City acquire infrastructure BS/1986/Civil Engineering,California State
valued over $150,000,000, constructed by developers, and financed University at Long Beach
by district bond proceeds. Years of Experience
City of Fountain Valley IS Year Sewer CIP Phase 1 Planning and Entered the profession in 1988
Phase 2 Design: Responsible for the CIP Year 2 planning report
compilation, utility research and coordination, contract
administration and document control for the Phase 2 Design of the projects. The Year 2 CIP projects include
a total of 19 segments scattered throughout the City's service area.
11 �
ANDDEEERSON • PENNA
way
. ;' Proposal for State Revolving Fund Assistance
. .,y. . City of Palm Springs
Gnwn"�
Dennis H. Jue, PE, TE
Senior Program Manager/City Engineer
Dennis Hue, PE,TE brings over40 years of experience in
municipal engineering program management having worked for Education
both public and private employers. His experience is in city 65/1973/BS Civil Engineering,Loyola ,
engineering,traffic engineering and public works inspection Marymount University, Los Angeles
includes planning, directing, coordinating and administering the
operations, maintenance and construction activities of Public Professional Registrations
Works Departments. 1983/PE/CA#36672
His public sector employment consisted of positions in the Cities 1981/TE/CA#1180
of Seal Beach and Inglewood. Professional Affiliations
American Public Works Association
• In Seal Beach he was the Public Works Director and City American Society of Civil Engineers
Engineer, and was responsible for the operations, years of Experience
maintenance and construction activities of the Public
Works Department. He also served as chief engineer of Entered the profession in 197D
the city in planning and directing the design and
construction of public improvements.The Public Works
Department was a full service department and included
administration, engineering,streets,storm drains, parks,automotive maintenance,water and sewer,
building maintenance, transportation, beach and pier maintenance and special activities. Annual
budget was$5.7 million with a capital outlay of$1 million. Staff was comprised of 43 full-time and
seven seasonal employees.
• In Inglewood, he was an associate transportation engineer responsible for managing the City's
Transportation CIP and operating the City's computerized traffic signal control system.
His private sector experience includes appointment as contract city engineer and deputy city engineer for
several Orange County cities. Responsibilities include overseeing city engineering functions including city
engineering,traffic engineering and public works inspection and plan checking. In this role, he has managed
numerous capital improvement projects from concept to ribbon cutting, including managing design and
construction management consultants, coordinating with Caltrans and other resource agencies, processing
contracts,change orders and correspondence, and preparing necessary staff reports for department and city
council presentations. He is adept in local, state and federal funding requirements and processes,grant
preparation, environmental compliance, and the paperwork required at various phases of the project design
and construction. He has also served as assessment engineer for new developments and for underground
districts.
RELEVANT EXPERIENCE
On-call Funding Support Services Project Manager,City of Rancho Santa Margarita,CA. Responsible for
preparing,coordinating and submitting documentation required to obtain and process Caltrans federal
funding including coordination with other City consultants and City staff and OCTA and Caltrans staff in order
to fully process applications and administration.
On-Call Engineering Services,City of Lake Forest,CA.Project manager responsible for overseeing public
works staff assigned to the City for engineering, plan check and construction management and inspection
services. In addition, Dennis has filled vacant positions on an interim basis and provided City Council and
Planning Commission meeting support,attendance at staff and/or community meetings,analysis of City's
12 i i; � \
ANDDERSON TENNA
b+n y
Proposal for State Revolving Fund Assistance
City of Palm Springs
needs and the preparation of short and long-term CIP recommendations, review of planning programs and
land development controls, regulation and ordinance recommendations pertaining to engineering matters,
coordination with other agencies and utility companies on engineering matters, assist with RFP development
and the candidate selection process,provide advice regarding funding availability and the completion of
grant applications, assistance in the preparation of the City's operational budget,and the preparation of
general correspondence and staff reports.
Consulting Program Manager,City of Tustin,CA. Provided assistance in coordinating the design, right-of-way
acquisition and construction management of the City's major capital improvement program. Projects
included major arterial street widening, extension of arterial streets, a new on and off ramp with the SR-55
Freeway, and a new 17-acre community park. Provided assistance for seven projects that required the partial
acquisition of 35 properties with a total construction value of over$75 million.
• Construction of and right-of-way acquisition for the Newport Avenue/SR-55 ramp reconfiguration
project
• Construction of Valencia Avenue/Armstrong Avenue,the backbone infrastructure at Tustin Legacy
• Design administration for the Newport Avenue Extension/Grade Separation Project Phase II
• Design administration for the Red Hill Avenue Grade Separation Project at the OCTA/SCRRA Railway
Project Management,City of Newport Beach,CA.Project manager responsible for overseeing building and
safety plan check for the new Civic Center project as well as the building inspection of the Civic Center that
includes a new city hall, council chambers, parking structure, and expansion of an existing library.
Alley Rehabilitation Project,City of Laguna Beach,CA. Responsible as the City's representative to provide
project and construction management for the rehabilitation of 14 alleys.
Cities of Dana Point, Lake Forest,and Seal Beach Contract Services,CA. Directly responsible for planning,
directing,coordinating and administering the City Engineering/Capital Improvement functions for all three
cities. This included a total annual allocation of$8 million in capital improvements,extensive development
review,managing public works maintenance functions, attending/making presentations at City Council
meetings and coordinating department responsibilities with adjoiningwater,sanitary and other special
districts.
Assessment District No. 10-23(Planning Area 18),City of Irvine,CA.Assessment engineer for this district
funding of$32 million in capital improvements including SR-133 widening, Lake Forest Drive extension, and
utilities for a 750 unit development.
White Avenue Construction Support Services,City of Pomona, CA.Responsible as the City's representative
to manage the construction management consultant and processes for this ARRA funded project to
rehabilitate three miles of White Avenue.
Anaheim Street Rehabilitation and Reconstruction Project,Port of Long Beach,CA.Funding program
manager responsible for developing a funding strategy and subsequent funding applications for this roadway
project. Funding options being explored include grant funding from the Los Angeles County Metropolitan
Transportation Agency(LACMTA), and through the State of California Proposition 16, and Proposition 42
programs.
131 F - ; r � \
ANDERSONTENNA
Proposal for State Revolving Fund Assistance
' r w City of Palm Springs
Relevant Experience
Following is APP's staff experience of completing projects similar in nature in the last seven years:
Agency Project Funded Funding Value
Mechanism
South Coast Water District Tunnel Rehabilitation and Clean Water SRF $102 million
Michele Collins, Contracts Officer Replacement Project
City of Vista 14 projects as identified in Sewer Clean Water SRF $26 million
Larry Pierce, Former Public Works Master Plan
Director(Retired) (760)525-8651
City of Vista Application submittal for 5 Clean Water SRF $31 million
Larry Pierce, Former Public Works additional projects identified in
Director(Retired) (760)525-8651 the master plan
City of La Canada Flintridge Sewer Master Planning Areas 3A Clean Water SRF $27 million
Mark Alexander, City Manager and 3B
(818) 790-8880
City of La Canada Flintridge Sewer Master Planning Areas 5A Clean Water SRF $40 million'
Mark Alexander, City Manager and 56
(818) 790-8880
City of Lake Forest Applications for various traffic Active $700, 000
Tom Wheeler, PE, Public Works calming and safe routes to Transpiration
Director, (949)461-3480 school Grant
City of Vista EPA Grant Application for Proposition 84 $1.5 million
Larry Pierce, Former Public Detention Basin and Creek
Works Director(Retired) restoration projects
(760)525-8651
City of Newport Beach Emergency Management FEMA/Cal EMA $9 million
County of Orange various grants for street Various funding $4.5 million
improvement and recycled sources
pavement
City of Rancho Santa Margarita Storm Damage to Antonio Federal Highway $15 million
Ehab Maximous, PE, City Engineer Parkway, Pavement Replacement, Administration/
(949) 635-1805 Intersection Improvements and Caltrans
Bridge Projects
City of Tustin Design,R/W acquisition and Regional Agency, $75 million
Doug Stack, PE, Public Works construction management of the Measure M Funds
Director major capital improvement
(714) 573-3150 program. Projects included major
arterial street widening and
extension, new on-and off-ramps
to the SR-55, and a new 17-acre
community park.
TOTAL $124 million
'Funding approved by SWRCB, property owners did not approve assessment district.
141PaNe. � \
ANDDERSONTENNA
. Proposal for State Revolving Fund Assistance
City of Palm Springs
References
South Coast Water District
Michele Collins (949)499-4555
City of Vista
Larry Pierce, Former Public Works Director (Retired) (760)525-8651
15 � Pap, e
ANDDERSONTENNA
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Fee Proposal -State Revolving Fund Assistance With Financial Application
AndersonPe nna Partne rs labor Hou rs
Project Project Direct Total
Task Hem PriMipal Manager Admin I Engineer Costs Hours TotalperTask
Hosurlylitates 140 S 140 $ 85 $ 140 $
Tadni ProjectCoardinabor,
I I Project Management/Invoicing Hours 8 12 20
1-2 Kickoff and Coordination Meetings Hours 10 60 70
SubtotalofTalkl Hours 18 72 0 0 0 90
Fee $ 2,520 S 10,080 S - $ - $ $ 12,6W
To*2 Clean Water SRF Submittals
2.1 Review Existing Information Hours 2 16 18
2.2 Draft Documentation for Review Hours 2 96 12 0 110
2.3 Finalim Submittals Hours 2 15 12 0 30
24 Finalize Financing Agreement Hours Ia$ 2,0
0 9
Subtotal of Task 2 Hours 70 0 167
Feel$ 980 - $ $ 22,060
TUTALPROJECTHOURS 25 257
TOTAL PROJECTCosts S 3,S110
Tads 3 Reimbursement Processing-Optional
3.1 Initial Documentation Setup Hours 4 8 12
3.2 Reimbursement Request lEachl Hours 2 12 14
SubtotalofTask3 Hours 0 6 20 0 0 26
Tadt4 Meetirngswlth SWRCRStaein
Sacramento-Optional
3.1 Preparation and Meeting Hounj 1 12 0 72
SubeMyollhadr4 I Hoursi 01 121 01 12
Other Direct Costs by Task 11 21 31 4
Printing/Reproduction 1 240 $ 240
Overnight Delivery/Messenger 1001 i 1 1 $ 100
Travel at cost $
Subtotal ODC's $ 5 340 S -1 $TSD 1 1 $ 340
TOTAL CONTRACT $ 35,000
Optional items included: Task 3 = $2,540
Task 4 = $1,680
Total Maximum Not To Exceed = $39,220
Exhibit "C"
Page 1 of 1
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Professional services shall be provided to the City with submittal to the SWRCB of the
various items for the SRF Loan application by the following dates:
Description Estimated Date
Noticeto Proceed to Anderson Penn a 04/06/2015
General Application Submittal 04/15/2015
City Council Meeting—Approve SRF Resolution designating 5/06/2015
an authorized representative and stating intention to use
State Revolving Funds to fund the project
Environmental Submittal 05/11/2015
Technical Submittal 06/15/2015
Financial Submittal 06/17/2015
City Council Meeting 06/17/2015
Commit revenue source to repayment of SWRCB loan
Execute Funding Commitment and Installment Sales 10/31/2015
Agreement
lst Disbursement Request to SWRCB 11/15/2015
1st Disbursement to City 12/31/2015
END OF EXHIBIT "D"
Exhibit "D"
A 6 g g� A- 6� q O ARD KGODWIN
a
. R CERTIFICATE OF LIABILITY INSURANCE DAT113/2 D
11.3
�/ /3/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
PRODUCER
Nxpr_'
Ames & Gough
PHONE FAx
HVC. No, Ex1): (703) 827-2277 (AK:,N
8300 Greensboro Drive
Suite 980
ADDRESS. admin@amesgough.com
McLean, VA 22102
INSURER(S) AFFORDING COVERAGE
INSURERANalley Forge Insurance Company A(X
INSURED
INSURER S: National Fire Insurance Company Of Hartford
AndersonPenna Partners, Inc.
INSURER c:Continental Insurance Company A(XM
3737 Birch Street, Suite 250
INSURER D National Fire & Marine Insurance Con
Newport Beach, CA 92660
--
INSURER E
COVFRAr-0FS CFRTIFICATF NIIMRFR• RFVISION NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
w3R
TYPE OF INSURANCE
ADDL
SUBR
VIVID
POLICY NUMBER
POLICY' EFF POLICY upINSO
LYE
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S 1,000,000
CLAIMS -MADE ❑X OCCUR
6075640222
111/2023
1/1,2024
DAMAGE TO RENTED
E 1,000,000
X
MEDE)UP(Arywepenican
6 15,000
Contractual Liab.
PERSONAL&ADV INJURY
If 1,000,000
GENL
X
AGGREQATE LIMIT APPLIES PER
POLICY J&y171 LOC
GENERAL AGGREGATE
E 2,000,000
PRODUCTS - COMP/OP AGG
2,000,000
il
S
OTHER
I
B
AUTOMOBILE LIABILITY
COMBINEDIINGLEIJMIT
$ 1,000,000
BODILY INJURY (Peaperson)
E
X ANYAUTO
607SU0236
1/1/2023
1/1/2024
AUTOSONLY SCHEDULED
AUTOS
BODILY INJURY Per accident
S
g e 1 AGE
E
HIRED ONLY ANRROS ONEOV
S
C
X
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE
S 15,000,000
AGGREGATE
15,000,000
EZCESS L"
CWMS-MAOE
6075640270
11112023
111/2024
DIED I X RETENTIONS 10,000
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTNE
OFFICERRAEMBER EXCLUDED? [NJ
(Mandatory in NH)
NIA
075640253 111I2023
1N12024
X PER OTN
UTE
EL EACH ACCIDENT
E 1,000,000
EL DISEASE - EA EMPLOYEE
S 1,000,000
E.L. DISEASE -POLICY LIMIT
S 1,000,000
nyes desolteumer
DESCRIPTION OF OPERATIONS helmv
D Professional Liab.
2-EPP-306878-05 111/2023
1/1/2024
Per ClaimlAggregate 10,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached If more apace u mqumad)
RE: All operations as performed by the named Insured. The City of Palm Springs, its officials, employees, and agents are included as additional insured with
respect to General Liability and Auto Liability when required by written contract General Liability is primary and non-contributory over any existing insurance
and limited to liability arising out of the operations of the named insured and when required by written contract Workers Compensation and General Liability
policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract.
Pi N O (L �O �� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI of Palm Springs J THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CityACCORDANCE WITH THE POLICY PROVISIONS.
3200 E. Tahquitz Canyon Way Cky Hall
Palm Springs, CA 92262 Reception Desk
AUTHORGED REPRESENTATIVE
ACORD 25 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
A
AMES & GOUGH
2023
RE: Requesting Emails for Certificate of Insurance Distribution or Notification to Discontinue
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Please contact Allison Buytenhuys at 703-827-2277 or abuvtenhuvs@amesgough.com with any questions. Thank
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ARDURRA-01