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HomeMy WebLinkAboutA6558 - MSA CONSULTING INC - ON-CALL ENVIRONMENT ASSESSMENT (CEQA) SERVICES pLM sp City of Palm Springs *L David H. Ready, Esq., Ph.D. * VNq% * City Manager FOR��t- 3200 E.Tahquitz Canyon Way, Pahn Springs,CA 92262 Tel 760.322.8350 9 Fax 760.323.8207 • TDD 76o.864.9527 David.Ready0apalmspringsca.gov • www.l)almspingsca.gov June 19, 2017 MSA Consulting, Inc. PU5%, 34200 Bob Hope Drive Rancho Mirage, CA 92270 Attn: Julian De La Torre Re: On-Call Environmental Assessment (CEQA) Services Dear Mr. De La Torre: The City of Palm Springs would like to exercise the first of two one-year extension options to the Professional Services Agreement for On-Call Environmental Assessment (CEQA) Services. Pursuant to the professional services agreement entered into on July 2, 2014 for an nitial term of three years, and two one-year extension cptions to be exercised through mutual written consent by both Parties, this letter serves as the City's notice of intention to enter ante the first one-year extension option. If you consent to this extension, please sign below on both copies of this letter, return one copy to this office and keep one for your files. Thank you for your ongoing services. We look forward to working with MSA during the upcoming year. Sincerely, On behalf of MSA Consulting, Inc., I consent to this one-year extension as provided in this letter. David H. Ready, Esq., Ph.D. Julian De La Torre FF City Marager giocc : T, C= DHR:ff Ti C— rr! _r > y ti z�%f - <7� rz m: X; Q� PO Box 2743, Palm Springs, California 92263 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES THIS PROFESSIONAL SF ,RVICES AGRE MENT (hereinafter "Agreement") is made and entered into, to be effective this �_ day of 2014, by and between the CITY OF PALM SPRINGS a California charter city and mun�ic�l cor oration hereinafter referred to as "City") . Y p p � ( Y ) and MSA Consulting, Inc. (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public sector development applications, (hereinafter the "Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Environmental Assessment (CEQA) Services for a variety of future private and public sector development applications to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit 'A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal 1 "WiGINAL BID AI"),F)"0 R AG R,"Et.4 F*.' 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: (1s`)the terms of this Agreement; (21d)the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3 d) the provisions of the City's Request for Proposal (Exhibit "B"); and, (4`h) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or Director Planning Services, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Planning Services to the Consultant, incorporating therein the 2 identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Planning Services or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (or Purchase Orders) with corresponding Not-to-Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required 3 services (pursuant to Schedule "D") necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant(financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the 4 City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, or his designee, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Robert S. Smith, CEO. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition 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 the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Contractor. 5 A. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. 6 (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00)for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services 7 under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or ifs operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 8 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage.Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 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). 9 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 agenbbroker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A.To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, 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) 10 and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession sub-contractors, used or sub- contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accountina Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reaorts.Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional 11 compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, 12 the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.6, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 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. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered 13 in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Emplovees.No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City 14 and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To Citv: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: MSA Consulting, Inc. Attention: Robert S. Smith, CEO 34200 Bob Hope Drive Rancho Mirage, CA 92270 Telephone: (760) 320-9811 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest.This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary.Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement 15 as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) 16 IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY OF PALM SPRINGS, CA y By f City Clerk ( City Mafia Date: C- -I Date: APPROVED BY MY COUNCIL APPROVED O FORM: APPROVED BY CITY COUNCIL: BY Date: Agreement No. J�Pity Attorney Date: a 2 k q— CONSULTANT Name: MSA Consulting, Inc. Check one:_individual_Partnership ZCorporation 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. Address: 34200 Bob Hope Drive Rancho Mirage, CA 92270 By: Signature (notarized) Signature (notarized) Name:_Julian A. De La Torre Name: Michael D. Oehlbaum Title: Vice President/Principal Engineer Title: Chief Financial Officer 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fi State of California fi County of �; Varb; On fu✓1 � , 2D(q before me, �a Yl G '< Date pp �'� Mere InsoM Name aiM Ti fie of the Officer fipersonally appeared Jf J r ,tn A , Dx iL t „r Namete)of Sgnega) hh 5 who proved to me on the basis of satisfactory fi evidence to be the person(s) whose name(s) is/are fi 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 SANDRAS.FOX his/her/their signature(s) on the instrument the CommU11"s 2068386 person(s), or the entity upon behalf of which the Mohry Pubk-08I1118rnla person(s) acted, executed the instrument. ww(sw Canty Caren f I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fiWITNESS my hand and official seal. fi fi Signature: :�Dz Place Notary Seal an&or Stamp Above OPTIONAL 174, Signature of Notary Public fiThough the information below is not required by law, it may prove valuable to persons relying on the document fi and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document Title or Type of Document: i Document Date: Number of Pa Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sign ame: ❑ Corporate Officer—Title(s): orporate Officer—Title(s): ❑ Individual ❑ Individual fi ❑ Partner—❑Limited Ll General rop umb Here ElPartner—ElLimited ElGeneral Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact C Trustee ❑Trustee n ❑ Guardian or Co ator ❑ Guardian or Conservator fi ❑ Other: G Other: I igner Is Representing: Signer Is Representing: 02008 National Notary AssociaAw•9350 De Soto Ave..PO.Box 2402•Cbetswolth,CA 913132402•www.NationalNotary.org Item N59W ReoNec Call Toll-Free 1-800.8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �I V-til } fi OnJwriz z3 ,Zo14 beforeme, _60nQr4_ J, rok, ►Vo� L U F"1r fiDate A Here Insert Name no Title at the Officer M fi personally appeared t E h ac 1 �. D e k 1 b a LL r►l- Names)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 SARORAS. FOX his/her/their signature(s) on the instrument the Com M"•2060388 person(s), or the entity upon behalf of which the Nobly PA0'C960M person(s) acted, executed the instrument. RWOMM CoulMy Cartim t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. fi WITNESS rhand and official seal. Signatu4,i j � Place Notary Seal an Nor Stamp Ahove Signature Of Notary PutNic fi OPTIONAL h�? Though the information below is not required by law,it may prove valuable to persons relying on the documen 5h and could prevent fraudulent removal and reattachment of this form to another document. 5� Description of Attached Document fiTitle or Type of Document: fi Document Date: Number ages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ' Signer's Name: Si s Name: ❑ Corporate Officer—Title(s): 2 Corporate Officer—Title(s): LJ Individual ❑ Individual fi ❑ Partner—❑Limited ❑General Top of t here ❑ Partner—❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee i. ❑ Guardian or Conservat ❑Guardian or Conservator L Other: ❑Other: Signer Is presenting: Signer Is Representing: fi 02008 NaAonal Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 813132402•www.NafionalNotary.org Item Reorder:Call Toll-Free 1-800-8]G632] EXHIBIT "A" SCOPE OF SERVICES The City exclusively reserves the right to select and assign a firm (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. There is no guarantee of work, nor is there any implied or promised rotation method for project assignments. The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each project): All responsibilities of Lead Agency including: 1. Preliminary Review 2. Preparation of Initial Study 3. Determination of significance of environmental effects 4. Establishing thresholds of Significance 5. Making Mandatory Findings of Significance Following decision to prepare a Negative or Mitigated Negative Declaration: 1. Prepare Notice of Intent (NOI) 2. Provide NOI to all parties as required by CEQA; document 3. Prepare ND/MND and submit to City for review 4. Prepare and circulate Notice of Availability 5. Be available to present at Planning Commission and City Council meetings, if necessary 6. File Notice Of Determination Following determination that an Environmental Impact Report is required: The EIR's shall meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations, section 15000 et seq.). Identified impacts shall be designated as significant or insignificant pursuant to the criteria of CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County. Indirect or secondary impacts of the project shall also be discussed and mitigation measures recommended. Mitigation measures should be described in detail and should be specific to the project. Two types of mitigation measures should be recommended: measures addressing impacts related to the primary impacts; and measures addressing impacts related to the secondary impacts associated with the proposed project. The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing applicable detailed information to make for as meaningful a comparison as possible to the proposed project. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the 19 EXHIBIT "A" SCOPE OF SERVICES performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code section 2108.6 shall be developed for applicable mitigation measures. The monitoring program shall incorporate both monitoring by the county and reporting by the developer, with subsequent report verification by on-site inspection, if necessary. The consultant shall be available for a "kick off' meeting and to meet with one or more of the City staff when given advance notice. The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and one during Public Review period), and two (2) public hearings. The consultant shall be prepared to respond to questions, make presentations and/or participate in an advisory capacity during these meetings/hearings. The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents shall be coordinated so they appear as a "set". As much of the technical information as possible shall be placed in the appendices. Duplication of information of the EIR shall be avoided as much as possible. All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink, on white or light recycled stock paper. 20 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY'S REQUEST FOR PROPOSALS FOLLOWS THIS PAGE 21 CITY OF PALM SPRINGS, CA NOTICE INVITING REQUEST FOR PROPOSALS For ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES (RFP 15-14) NOTICE IS HEREBY GIVEN that Request for proposals (RFP 15-14), for providing On-Call Environmental Assessment (CEQA) Services for the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, City Hall, 3200 East Tahquitr Canyon Way, Palm Springs, California, until 3:00 P.M. Local Time, THURSDAY, MARCH 27, 2014. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Note that City Hall is open Monday thru Thursday and is closed every Friday, weekends and holidays. Late proposals will be returned unopened. DESCRIPTION OF WORK: The work is comprised of providing on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City. It is expected that multiple firms will be selected in this process and will be on-call for up to a five (5) year period. OBTAINING RFP DOCUMENTS AND REGISTRATION: The RFP document may be downloaded via the internet at the following direct page link htti)://www.palMSDrings-ca.gov/index.aspx?page=85 (or by visiting www.palmspringsca.gov and clicking on Government, then Departments, then Procurement and then open Bids and Proposals). Upon downloading the document it is IMPERATIVE that you contact Cheryl Martin, Procurement Specialist I, via email at Cheryl.Martinapalmspringsca.gov or by phone at (760) 322-8373 to officially reaister for this specific project with your company name, address, phone, fax, contact person and email address. Failure to officially register may result in not receiving addenda to the RFP. Failure to acknowledge addenda to the RFP may render your proposal as non-responsive. SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple factors as identified in the RFP will be considered by the Evaluation Committee to determine which proposal(s) best meet the requirements set forth in the RFP document. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm(s) will be required to comply with all insurance and license requirements of the City. All expenses associated with the preparation, submission of an RFP proposal to the City, or participation in any presentations, interviews or any other element of the RFP process shall be the sole financial responsibility of the Proposer. Craig L. Gladders, C.P.M. Procurement and Contracting Manager 1 E PALM S A cq� foaN�P CITY OF PALM SPRINGS, CA REQUEST FOR PROPOSALS # 15-14 ON-CALL ENVIRONMENTAL ASSESSMENT SERVICES (CEQA) Request for proposals (RFP 15-14), for as needed, on-call, Environmental Assessment Services to the City of Palm Springs, CA will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, THURSDAY, MARCH 27, 2014. It is the responsibility of the Proposer to see that any proposal sent through the mail, or any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of RFP proposals. Telegraphic, telephonic, faxed, emailed or other electronic or media transmission of RFP proposals will not be accepted. Late RFP proposals will be returned unopened. Failure to register as a Proposer to this RFP process per the instructions in the Notice Inviting Request for Proposals (under "Obtaining RFP Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a proposal as being non-responsive. We stronaly advise that interested fines officially register per the instructions provide in the Notice. 1. BACKGROUND INFORMATION AND GENERAL DESCRIPTION The City is seeking proposals from qualified professional Environmental Assessment firms to establish a list of on-call firms to work on a variety of CEQA compliance assessments for private and public sector development applications submitted to the City. The city anticipates that projects will range from significant resort hotels with adjoining retail, recreation and residential components to single-family subdivisions. The City seeks firms capable of preparing Initial Studies, Negative Declarations, Mitigated Negative Declarations or Environmental Impact Reports on private development projects submitted for city review. City projects at its facilities including the Palm Springs International Airport may also be the subject of review. Firms must have thorough knowledge of current CEQA and NEPA regulations. All impacts including multi-species habitat, air quality, traffic, water quality, noise, greenhouse gas emissions, archeology and regional impacts must be thoroughly assessed and quantified and innovative, creative mitigation proposed. Full consideration of sustainability principles relevant to California and the Coachella Valley shall be employed. Firms shall be expected to assist with noticing and filings. Finns may be required to attend Planning Commission and City Council meetings to defend their work. The preparation of sound, defensible environmental assessments is the goal, but also critical is the timely completion thereof. The City will be looking to find firms that have full technical 2 capabilities to handle the most complex cases and other firms capable of analyzing less complex projects. The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. 2. PROJECT OBJECTIVE AND SCHEDULE The objective of this solicitation is to hire a firm(s) or individual(s) to provide, on an as-needed basis, environmental assessment services for various projects on behalf of the City. These services are expected to be required over the next five-year period and a contract(s) shall be negotiated for whatever term is determined to be in the best interests of the City. RFP SCHEDULE Notice for Request for proposals posted and issued .................. Wednesday, February 26, 2014 Deadline for receipt of Questions..............................3:00 P.M., Wednesday, March 19, 2014 Deadline for receipt of Proposals..................................3:00 P.M., Thursday, March 27, 2014 Short List/ Interviews, *if desired by City........................................................... to be determined Contract awarded by City Council...................................................................... to be determined NOTE. There will NOT be a pre-proposal conference for this procurement. *Dates above are subject to change. 3. SCOPE OF SERVICES The SCOPE OF SERVICES and principal responsibilities may include, but are not limited to, the following (all services may or may not be necessary on each project): All responsibilities of Lead Agency including: 1. Preliminary Review 2. Preparation of Initial Study 3. Determination of significance of environmental effects 4. Establishing thresholds of Significance 5. Making Mandatory Findings of Significance Following decision to prepare a Negative or Mitigated Negative Declaration: 1. Prepare Notice of Intent(NOI) 2. Provide NOI to all parties as required by CEQA; document 3. Prepare ND/MND and submit to City for review 4. Prepare and circulate Notice of Availability 5. Be available to present at Planning Commission and City Council meetings, if necessary 6. File Notice Of Determination Following determination that an Environmental Impact Report is required: 3 The EIR's shall meet all the requirements set forth in the California Environmental Quality Act (Public Resources Code 21000 et seq.) and the State CEQA guidelines (California Code of Regulations, section 15000 et seq.). Identified impacts shall be designated as significant or insignificant pursuant to the criteria of CEQA and the State CEQA Guidelines, and any thresholds or criteria used by the County. Indirect or secondary impacts of the project shall also be discussed and mitigation measures recommended. Mitigation measures should be described in detail and should be specific to the project. Two types of mitigation measures should be recommended: measures addressing impacts related to the primary impacts; and measures addressing impacts related to the secondary impacts associated with the proposed project. The alternatives analysis, while mostly a qualified effort, shall make all efforts to use or cite existing applicable detailed information to make for as meaningful a comparison as possible to the proposed project. It will be the responsibility of the successful firm(s) or consultant(s) to determine the necessary staffing level required to perform the scope of services. The City will NOT provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. A comprehensive mitigation monitoring and reporting program, pursuant to Public Resources Code section 2108.6 shall be developed for applicable mitigation measures. The monitoring program shall incorporate both monitoring by the county and reporting by the developer, with subsequent report verification by on-site inspection, if necessary. The consultant shall be available for a "kick off' meeting and to meet with one or more of the City staff when given advance notice. The consultant shall anticipate attending two (2) scoping meetings (one before EIR work begins and one during Public Review period), and two (2) public hearings. The consultant shall be prepared to respond to questions, make presentations and/or participate in an advisory capacity during these meetings/hearings. The format for all text documents, tables, charges, and illustrations shall be 8 1/2" x 11" vertical. If oversize inclusions are necessary, they will be 11" x 17". Document covers for all related documents shall be coordinated so they appear as a "set". As much of the technical information as possible shall be placed in the appendices. Duplication of information of the EIR shall be avoided as much as possible. All hard copy administrative drafts, drafts, and final documents shall be two-sided, black ink, on white or light recycled stock paper. If sub consultant firms are used for typical urban development projects assessment anticipated to be submitted to the City of Palm Springs, identify them and provide hourly rates. 4. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their proposal, information obtained from references, and presentations if requested. All proposals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. 4 5. SELECTION PROCESS AND EVALUATION CRITERIA The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the professional services requested by this RFP. The City shall review the proposals submitted in response to this RFP, and a limited number of firms may be invited to make a formal presentation at a future date, if desired by the City. The format, selection criteria and date of the presentation will be established at the time of short listing. Preparation of proposals in reply to this RFP, and participation in any future presentation is at the sole expense of the firms responding to this RFP. This solicitation has been developed in the "Request for Proposals" (RFP) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm(s). Consistent with Federal, State and Local laws for the acquisition of professional services, price is NOT an evaluation criteria. Cost proposals submitted in separate sealed envelopes are not opened, nor considered during proposal evaluations. Upon selection of the most qualified firm(s), the associated cost proposal will be used as a basis for contract negotiations. Contracts shall be negotiated on the basis of the submitted Cost Proposal, and in consideration of reasonable and mutually agreed project costs and time requirements. Should successful negotiations not occur with the highest ranked firm(s), the City may, at its sole discretion, choose to enter into negotiations with the other firms in descending ranking order, if so desired. Firms are requested to submit their proposals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTSI: B. Understanding CEQA processes (40 POINTS I: C. References and Experience with Projects of Similar Size and Scope (20 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section D.1 below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 6. PROPOSAL CONTENTS AND SPECIAL CONDITIONS Firms are requested to format their proposals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 5 above. The proposals must be in an 8 '/z X 11 format, may be no more than a total of twenty five (25) sheets of paper, double sided is OK, which shall include a cover letter, an organization chart, staff resumes and any appendices. NOTE: Dividers, Attachment "A°, Addenda acknowledgments, and the Cost Proposal (`in a separate sealed envelope) do NOT count toward the 25 sheets of paper limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five copies) of both your Technical/Work Proposal and your Cost Proposal by the deadline. All proposals shall be sealed within one package and be clearly marked, 'RFP 15-14, REQUEST FOR PROPOSALS FOR ON-CALL ENVIRONMENTAL CONSULTING (CEQA) SERVICES". Within the sealed proposal package, the Cost Proposal shall be separately sealed from the Qualifications/Work Proposal. Proposals not meeting the above criteria may be found to be non-responsive. Each proposal package must include two separately sealed envelopes: 5 ENVELOPE #1, clearly marked "Qualifications/Work Proposal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Your response to the evaluation Criteria A through D as provided below. ENVELOPE #2, clearly marked "Cost Proposal", shall include the following item: • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachment "A" in the Cost Proposal envelope. Attachment "A" is to be included in Envelope #1, Qualifications/Work Proposal. At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing environmental assessment services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, SECTION B: UNDERSTANDING CEQA AND NEPA REQUIREMENTS AND PROCESSES B.1 Describe in detail the steps that your firm would follow to provide environmental assessment services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects, arecompleted within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. 6 BA Identify an EIR, carried out in a desert environment, for which your firm and the staff proposed for this contract provided environmental assessment services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest CEQA requirements; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed environmental assessment services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM DA Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and sub consultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the Preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a iurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. 7 DEADLINE FOR SUBMISSION OF PROPOSALS: All proposals must be received in the City of Palm Springs, Division of Procurement and Contracting office by 3:00 P.M., LOCAL TIME, THURSDAY, MARCH 27, 2014. Proof of receipt before the deadline is a City of Palm Springs, Division of Procurement and Contracting time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through the mail, or by any other method, shall have sufficient time to be received by the Procurement Office prior to the proposal due date and time. Late proposals will be returned to the Proposer unopened. Proposals shall be clearly marked and identified and must be submitted in a sealed package to: City of Palm Springs Division of Procurement and Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig L. Gladders, C.P.M., Procurement & Contracting Manager PLEASE NOTE THAT PALM SPRINGS CITY HALL IS CLOSED EVERY FRIDAY, AND THEREFORE IS NOT ABLE TO ACCEPT, TIME OR DATE STAMP ANY PROPOSALS ON FRIDAYS (OR WEEKENDS AND HOLIDAYS). PLEASE TAKE THIS INTO CONSIDERATION WHEN DELIVERING A PROPOSAL BY THE DUE DATE AND TIME AS DEFINED IN THIS DOCUMENT. QUESTIONS?: Proposers, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFP other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a proposal. ANY questions, technical or otherwise, pertaining to this request for Request for proposals must be submitted IN WRITING and directed ONLY to: Craig L. Gladdens, C.P.M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.GladdersApalmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 3:00 P.M., Local Time, Wednesday, March 19, 2014. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The successful firm(s) will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement — provided as Attachment "B" hereto. Please note that the Exhibits in the sample contract are intentionally not complete and will be negotiated with the selected firm and will appear in the final Professional Services Agreement executed between the parties. Any exceptions to the language contained in the RFP document, sample agreement, including the Insurance Requirements, MUST be included in the proposal and clearly defined and may be considered in the evaluation process. 8 Failure or refusal to enter into an Agreement as herein provided, or to conform to any of the stipulated requirements in connection therewith, shall be just cause for an annulment of the award. If the highest ranked firm refuses or fails to execute the Agreement, or negotiations are not successful, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked firm, and so on. AWARD OF CONTRACT: It is the City's intent to award multiple contracts to firms that can provide the on-call services identified in the RFP document. However, the City reserves the right to award a contract to multiple Proposers or to a single Proposer, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm(s) to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. The City exclusively reserves the right to select and assign a successful firm from the RFP process (or firms if desired) for each project as it determines is in the best interest of the City and the specific project. As the projects remain unapproved at this time and will vary in size and scope, there is no guarantee of work nor is there any implied or promised rotation method for project assignments. Please note: this RFP does not necessarily identify each specific, individual task required to successfully and completely implement this proposed scope of services. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and to consider in its proposal all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. The City of Palm Springs will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP and the resulting final negotiated scope and pricing. INSURANCE: Insurance provisions are contained in the Professional Contract Services sample agreement included in the RFP. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their qualifications. RESPONSIBILITY OF PROPOSER: All proposers shall be responsible. If it is found that a proposer is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFP without an authorized signature, falsified any information in the proposal package, etc.), the proposal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has recommended to the City Council the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a proposal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. 9 If a submitting party contends that a portion of the proposal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a proposal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the proposal or other information or documents submitted to the City as part of this RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NON- RESPONSIVE. COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any costs incurred by any proposer in the preparation of their proposal or participation in any presentation or interview if requested, or any other aspects of the entire RFP process. LICENSES. PERMITS, FEES, AND ASSESSMENTS. Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFP. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The successful firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax'. PROPOSAL INFORMALITIES OR DEFECTS: The City of Palm Springs reserves the right to waive any informality or technical defect in a proposal and to accept or reject, in whole or in part, any or all proposals and to seek new proposals, as best serves the interests of the City. INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to perform the Work and the proposer shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by or investigation of such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted to mean that proposer has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Request for proposals, and any attached sample agreement. Exceptions to any of the language in either the RFP documents or attached sample agreement, including the insurance requirements, must be included in the proposal and 10 clearly defined. Exceptions to the City's RFP document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process. 11 ?ALAI OF Sp P ` CgLlfORN�P REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is it acceptable to include a range of sub-consultants to ensure availability ( i.e. two Traffic Engineers)? A 1: Yes. However, any changes of sub-consultants during a project must be approved in advance by the City's Director of Planning Services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: March 6, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 1 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. PALM �+ GN P REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Are you aware of any specific projects currently in the planning stage which the City anticipates using the on-call consultants for? A 1: The City Is not providing specifics at this juncture about any anticipated projects. This is for on-call services for an extended multi-year term. Projects will be assigned to Finns as the City deems appropriate, as is explained in the RFP. Q 2: Do you want Attachment A bound with the proposals or placed unbound into envelope#1 Qualifications/Work Proposal? A 2: Please see instructions about Attachment A on page 6, near the top of the page under the section titled "Envelope #27. Bound or unbound does not matter as long as you follow the instructions and put it in the correct envelope, Envelope #1 with your work proposal. Q 3: Is this set aside for DBE or DVBE? Do you actively seek out these types of certified organizations? A 3: There are no DBE or DVBE requirements for this solicitation. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: March 13, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. F PAIM S yYu_'1Pi F" a V ` � REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is it allowable for a consultant to submit as prime and also be a sub for specific services on another prime's team? A 1: Yes a firm may "submit' as a Prime and also may be listed as a Sub for another Prime. However, if you are awarded a contract as a Prime, you may not also perform as a Sub to another Prime. If you are NOT awarded a contract as a Prime, you may perform as a Sub to another firm that is awarded a contract as Prime. You may not do both. Q 2: There are two sections in RFP 15-14(page 8 and pages 10-11) that require any exceptions to the RFP, sample agreement or insurance requirements be included in the proposal. There are no defined instructions as to where exceptions or comments were to go, so because the proposal is limited to 25 pages (excepting Attachment A, Addenda acknowledgements and the cost proposal), would it be acceptable for the bidding firm to include comments (if any) as an appendix, not counting toward the 25-page limit? A 2: As the RFP states, any exceptions are to be "included" in the proposal, meaning they are part of your proposal and WILL count toward the 25 sheets of double-sided paper limit. Where you choose to locate your exceptions in your proposal is up to you, as long as they are clearly defined as requested in the RFP document. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement & Contracting Manager DATE: March 19, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: Authorized Signature: Date: Acknowledgment of Receipt of Addendum 3 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. EXHIBIT "C" CONSULTANTS PROPOSAL CONSULTANT'S PROPOSAL FOLLOWS THIS PAGE 22 � \.��............................ . son sense \© � yL w � . . . / March 27 2014 ID MsA CONSULTING, ■C. . \ PLANNING . CIVIL ENGINEERING . LAND SURVEYING . SPECIALTY SERVICES } w,OATv, EvsG, N .r2NIACLEXcEELNCEINTEGRITY PLANNING ■ CIVIL ENGINEERING • LAND SURVEYING March 27, 2014 Mr. Craig L. Gladders, C.P.M. Procurement & Contracting Manager City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 Subject: On-Call Environmental Assessment (CEOA) Services (RFP 15-14) Dear Mr. Gladders: MSA Consulting, Inc. (MSA) is pleased to submit for your review and consideration our proposal to provide on-call, as-needed professional Environmental Assessment (CEQA) services for various private and public sector development projects located throughout the City of Palm Springs. Our proposal describes MWs methodology to meet and exceed the specific needs of a variety of CEQA compliance assessments for private and public sector development. We appreciate the opportunity to make this submittal and believe we are in a unique position to fully understand the applicable conditions, regulations and impacts associated with a project to successfully complete any CEQA analysis for the City. Adherence to the Planning Profession Code of Ethics as well as principles of sustainability are vital conditions of our vested interest in the City of Palm Springs and the Coachella Valley. Michelle Witherspoon, MSXs Director of Environmental Services, would lead a team of seasoned local staff, in addition to, exceptional and well-respected sub-consultant firms, in collaborative efforts to successfully complete each project. The following information has been assembled to assist you in making a decision regarding the "best fit"for a qualified team for your needs. To that end,we welcome the chance to further discuss the services the MSA team could bring to the City. We appreciate the opportunity to submit our proposal and qualifications for your consideration and look forward to continuing our professional relationship with the City. Should you have any questions or require any further information please feel free to contact me. Very truly yours, Michelle D. Witherspoon Director of Environmental Services MSA Consulting, Inc. MDWasf 34200 Boa HOPE DRIVE III RANCHO MIRAGE ■ CALIFORNIA ■ 92270 11n 11n no 1 . .. 11. 111 mono ., _ ......... nro a �...............l.r..1. ...... MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQ4)SERVICES (RFP 1S-14) i Table of Contents Firm Qualifications, Project Team, Experience and Background A.1 Firm Type/Contact...............................................................1 A.2 Firm Principals......................................................................1 A.3 Firm Background/Qualifications..........................................2 A.4 Key Staff/Team Members....................................................2 A.5 Subconsultant Team Members............................................8 Understanding CEQA and NEPA Requirements and Processes B.1 Work Plan Process/Methodology......................................16 B.2 Budget/Schedule ...............................................................20 B.3 Project Management Tools ...............................................21 B.4 Sample Environmental Services Project History................23 References and Experience with Projects of Similar Size/Scope C.1 Representative Projects.....................................................26 C.2 Key Issues/Challenges/Resolution/Budgeting...................32 Local Expertise D.1 Local Business....................................................................33 D.2 Team Members Local Expertise/Roles..............................33 Appendices Attachment "A" Addenda Acknowledgements ¥ : I ��. Firm Type/Contact •Firm Principals « / . • Firm Background /Qu mmeuons • Key Staff/Team Member y . •kb mgit nt Team Members �« : MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) EXPERIENCESECTION A: FIRM QUALIFICA1 IONS, RO D A.1 Firm Type/Contact Firm's Complete Name: MSA Consulting, Inc. Type of Firm: California Corporation Telephone Number: 760.320.9811 Fax Number: 760.323.7893 Contact: Michelle D. Witherspoon Director of Environmental Services Senior Project Manager mwithers000n@msaconsultinsinc.com A.2 Firm Principals The following Principals of the Firm referenced below, have the authority to bind MSA Consulting, Inc. in a contractual agreement: Robert S. Smith, President/CEO Julian A. De La Torre, Vice President 1 MSA CONSULTING,INC CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CECIA)SERVICES (RFP 15-14) A.3 Firm Background/Qualifications MSA Consulting, Inc. (MSA) is a multi-disciplinary Planning, Civil Engineering and Land Surveying firm providing professional services to public agencies, tribal interests and private development since 1976. Formerly known as Mainiero, Smith and Associates, located in Rancho Mirage, California, MSA is the Coachella Valley's largest locally owned, full-service planning and engineering company, serving private and public clients throughout Southern California and beyond. MSA's local presence in the Coachella Valley provides a solid team with extensive knowledge relative to regional and local issues. The majority of the Planning Department alone includes individuals that have worked and lived in the City of Palm Springs and have a historic knowledge of both the City and the Valley that is unique to the firm. The team has a vested interest in maintaining and enhancing the existing environment and systems of the City and the Coachella Valley. All employees are poised to respond immediately to any City needs. As a result of maintaining high standards in work product, MSA has been consistently able to attract new and diverse projects from its solid client core and their referrals. The firm provides a variety of knowledge and services that are applied to all projects. Included in the current staff of 49 are both AICP, LEED and QSD Accredited Professional certifications, as well as eight registered civil engineers and land surveyors. MSA has an integrated GIS monitoring and data management program and highly qualified support staff that stay in tune with the constant evolution of regulatory and technical changes that impact the broad foundation of environmental analysis. Equipped with state-of-the-art computer, color plotting, and surveying systems, MSA today continues to serve a broad range of repeat clientele from small developers to the Federal government. Over the past 38 years, the firm has successfully completed over 2,000 projects and studies, involving the environmental analysis, planning, design, surveying or construction administration of public works, residential, institutional, resort, or commercial developments. MSA is actively involved in assisting local community groups through participation in organizations such as Urban Land Institute (ULI), Desert Valleys Builders Association (DVBA), ACE Mentor Program, American Planning Association (APA), Association of Environmental Professionals (AEP), U.S. Green Building Council, American Public Works Association (APWA), and Desert Roundtable. A.4 Key Staff/Team Members The MSA Team would be led by Michelle D. Witherspoon, who would serve as the Senior Project Manager and the City's primary contact. She would work closely with the City and any and all subconsultants to ensure project requirements are satisfied and to provide support on both technical and contractual matters. Strong, uniquely qualified Teams would be assembled, based on each individual project scope, to develop the most-effective approach for the implementation of the requested environmental services. The designated key team members 2 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) would provide managerial support for the project entirety and share the day-to-day responsibility in his/her respective fields of expertise. Robert S. Smith, P.E., President/CEO Mr. Smith is a founding principal who established the company in 1976 and became president and sole stockholder in 1997. He has been a practicing engineer since 1974 working on a variety of engineering projects for both private industry and public agencies. His firm, MSA Consulting, Inc., has completed over 2,000 projects in Southern California over the past 36 years. He has been the Principal-In-Charge of the planning, design and construction support services for public improvement, infrastructure resort and housing projects throughout Southern California. Mr. Smith has a working knowledge of the area's water, wastewater, and drainage conditions and design standards. His master planning and design services have been utilized by municipalities, utility agencies, special districts, and County and Federal governmental agencies. Mr. Smith earned a B.S. degree in Civil Engineering with high honors from Michigan State University and went on to obtain an M.S. degree in Environmental Engineering Science at the California Institute of Technology. He is a registered civil engineer in California and Arizona and is active in numerous professional organizations. Julian A. De La Torre, P.E.,Vice-President/Principal Engineer Mr. De La Torre was born and raised in the Coachella Valley, attended UCLA and graduated with an Engineering degree in 1983. He was registered as a Civil Engineer in 1989 and joined MSA in 1995. He has served as Design Engineer and Senior Project Manager for a wide variety of projects including the 1,200-home golf and residential resort project "Escena" in Palm Springs, the "Dream Home Awards" winning 218-unit LEED Certified apartment complex of Wolff Waters Place in La Quinta, and the 700,000 square foot Arrowhead Water Bottling Plant in Cabazon. He became the firm's Vice-President and Principal Engineer in 2007. Michelle Witherspoon, LEED AP BD+C, CPESC, QSD, REPA Director of Environmental Services Ms. Witherspoon joined the Planning Department of MSA Consulting in June of 2000. With a Master's Degree in Urban and Regional Planning .from CA State Polytechnic University, Pomona and a BS in Zoology from the University of Oklahoma, she enhances MSA's ability to help Lead Agencies as well as clients in identification of Environmental challenges and solutions that work. She was instrumental in the formation and management of Environmental Services in 2000 and ISIS Services in 2005. She is responsible for all aspects of the firm's environmental planning, including proposals, staffing and the technical integrity of completed documents. In addition, Ms. Witherspoon brings an understanding of the convergence of natural systems, technical research and planning. She is a LEED Accredited Professional, Registered Environmental Property Assessor, Certified Professional in Erosion and 3 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CECIAI SERVICES (RFP 1514) Sediment Control, Qualified SWPPP Developer and holds a certification in Coachella Valley Fugitive Dust Control from South Coast Air Quality Management District and CALTRANS 24 Hour SWPPP Training. As Director of Environmental Services and a project manager for the firm, she oversees the preparation of the firm's environmental documents/plans including CEQA Initial Studies and Environmental Impact Reports, NEPA Environmental Assessments and Environmental Impact Statements, PM-10 Fugitive Dust Mitigation Plans, Storm Water Pollution Prevention Plans, Water Quality Management Plans, Water Supply Assessments, Designated Waters Permitting and Phase I Environmental Site Assessments. In addition, she provides consultation for various Planning projects which have particularly challenging site assessment issues or environmental constraints. Ms. Witherspoon is an active member in the American Planning Association, the American Public Works Association, and the US Green Building Council. Paul DePalatis, A.I.C.P., Director of Planning Services Mr. DePalatis has worked as a professional planner for over 30 years with a focus on the Inland Empire and Coachella Valley areas of Southern California. He joined MSA Consulting, Inc. in April of 2013 after serving as Planning Director for various major California planning, engineering add environmental firms and running his own consulting practice in the Coachella Valley during the mid-2000's. He earned his Bachelor's Degree in Urban Planning from Stanford University in 1979. Because Mr. DePalatis has served as a consultant to public agencies and private developers, he understands the needs, goals and priorities of each. He has managed scores of private development, CEQA/NEPA and municipal planning projects and clients have consistently rated his customer service and product quality as among the highest they have experienced. Mr. DePalatis is AICP certified, a member of the American Planning Association (APA) and the Association of Environmental Professionals (AEP) and, during his career, has also served as a Planning Commissioner, a board member for the APA California Chapter, Inland Empire Section and a general member of the Building Industry Association (BIA). Marvin Roos, Director of Design Development Mr. Roos, a fifth generation Californian, has been a practicing planner since 1971. He joined MSA Consulting, Inc. in 1992 after 20 years with the City of Palm Springs. After graduating from UC Berkeley with a Bachelor of Architecture degree, he joined the City of Palm Springs in January 1971 being selected on the basis of his architecture and urban design background. He started as an Assistant Planner and worked through the ranks serving as Planning Director from 1979 to 1991. He spent a year directing the City's General Plan Update. After joining MSA Consulting, Inc., Mr. Roos directed planning and entitlement processes for the firm, developing the Planning Department into the Coachella Valley's premier planning group. In addition to providing senior project management for MSA, as Director of Design Development, Mr. Roos currently oversees the creative aspects of all of the firm's planning assignments, focusing on project design and business development. Additionally, Mr. Roos plays an active role in the CEQA process including traffic analysis, public 4 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) participation, and cultural analysis. Mr. Roos' education includes Post Graduate coursework from the University of California, Riverside and the University of Southern California including Urban Design, CEQA, Design Review, Urban Economics, Urban Transportation, and Policy Analysis. Mr. Roos is an active member of the American Planning Association and California Planning Roundtable. In addition to serving on the Board of Directors for the Desert Valley Builders Association, he chairs its monthly Legislative Affairs Forum. Jerry Ogburn, Principal Planner/Senior Community Designer Mr. Ogburn has accumulated over 40 years of diverse experience as a consulting community planner, urban designer and land planner, serving recognized national and international clients. He joined MSA in 2010 as a Principal Planner and Community Designer. Previously, he consulted for fifteen years with the City of Palm Springs as their Director of Downtown Development and Manager of Main Street-Palm Springs. More recently, he has served as Project Manager on the Section 19 Specific Plan for the City of Rancho Mirage and the VORTEX Specific Plan for Downtown Desert Hot Springs. Prior to coming to California, Mr. Ogburn specialized in land planning for large mixed use projects as well as community development throughout the United States and Germany. This included specialized experience in the master planning and designing of major family entertainment parks and attractions as well as business parks and employments centers. His recent emphasis has been upon commercial area revitalization of underperforming village and town centers. Mr. Ogburn received his Bachelor of Arts, Architecture degree in 1965 and Master of Arts, Community Planning in 1970 from Kansas State University. He has been active in the Urban Land Institute (ULI) and the International Council of Shopping Centers (ICSC), and is a Charter Member of the American Planning Association (APA). He has been the recipient of a number of planning and design awards, including awards from the American Institute of Architects (AIA) and the Association of Environmental Planners (AEP), recognizing his work on the Palm Canyon Drive Streetscape Improvements Project. Currently, he serves on the Mt. San Jacinto Winter Park Authoritywhich owns and operates the Palm alm Springs Aerial Tramway. Y Jesus Herrera-Cortez, Director of GIS Services/Environmental Planner Mr. Herrera-Cortes joined the Planning Department in April of 2008 as an Assistant Environmental Planner. Having received his Bachelor of Science Degree in Urban and Regional Planning from California State Polytechnic University in Pomona and his Minor in Geographic Information Systems, Mr. Herrera-Cortes provides our is and our clients with his expertise in Planning Law, Land Use and Transportation Planning, Urban Development, research methodology, and advanced GIS applications. His GIS Technology knowledge streamlines activities from planning and data collection to analysis, as-built surveying, and operations and maintenance. He has been recognized with numerous academic achievement awards. He is a member of the Inland Empire Section of the American Planning Association and a member of the Golden Key Honor Society. - s MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) David Dewegeli, Design Development Coordinator Mr. Dewegeli joined MSA's Planning Department in August of 1999 after graduating from ITT Technical Institute with an Associate of Science Degree in Computer-Aided Drafting Technology. As Design Development Coordinator for MSA, he works closely with clients and Project Managers to develop site plans, subdivision maps and a variety of presentation exhibits. Mr. Dewegeli utilizes his expertise in CADD, hand graphics and latest technologies to generate graphic exhibits for project Master Plan, Specific Plans, Site Plans, Tentative Tract and Parcel Maps, and other visual exhibits. Graphics (exhibits) services include: General Plan/Zoning/Land Use, U.S.G.S. Maps, FEMA Maps, Circulation, Aerial and Site Photographs, Existing and Proposed Utilities, Hydrology/Grading, Proposed Phasing, Vicinity Maps, Conceptual Site Plans, Tentative Tract and Parcel Maps, Line of Sight, Consultant Coordination and Data Transfers. Nicole Vann,Assistant Planner Nicole Vann joined the Planning Department at MSA Consulting, Inc. in 2004. As Assistant Planner for both traditional planning and environmental services, she coordinates all components of the Department. She also works with the Engineering and Survey Departments to coordinate the generation and submittal of closely associated Environmental and Entitlement products. Nicole is involved with projects from Due Diligence to Final Design, playing a vital role in managing resources and documents as well as client, sub-consultant and agency interactions. She assists in the preparation and processing of the firm's Environmental and Planning documents/plans including CEQA and NEPA Analyses, PM-10 Fugitive Dust Mitigation Plans, NPDES Construction and Management Permits, Designated Waters Permitting, Phase I Environmental Site Assessments and Specific Plans. Craig Brudin,Assistant Environmental Planner/GIS Technician Mr. Brudin joined MSA's Planning Department in April of 2013 after obtaining a Bachelor of Arts in Business Managerial Studies and a Bachelor of Science in Environmental Policy & Management with a concentration in Natural Resource Management from the University of Redlands. As an assistant environmental planner, Mr. Brudin works closely with Project Managers aiding in the research and writing of environmental deliverables such as CEQA and NEPA documents and Phase 1 Environmental Site Assessments. He provides assistance in fieldwork for NPDES Construction and Management Permits. Additionally, Mr. Brudin provides support for GIS Mapping and ACAD Drafting. Derek Gallerani, Planning CADD Technician Mr. Gallerani joined MSA's Planning Department in July 2001 and provides ACAD Drafting support to the team. As a CADD Technician, he assists in creating planning and land development exhibits, performs research for residential, commercial and resort planning projects, and creates renderings and plans in - ACAD, Photoshop and 3DSMax 9. In addition, Mr. Gallerani provides GIS Mapping support. 6 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA(SERVICES (RFP 15-14) Effective project management is critical to the success of complex projects requiring a team of technical experts. The staffing proposed for this project is shown in the MSA Consulting, Inc. Organization Chart that follows: ' LM" City of Palin Springs Id ra Senior Project Manager Michelle Withettpoon MSA Consulting Paui DePalam Muvtn.D.koos JMY09bum Nkble Vann Jams:Namara-Cortez DinidDWW,"M1 Derek tallemi ..Craig Brudld -T'�'nT'MCNfexg4Yh- uV�•.�R•Tt^da +wriYX&KbW#+ :V'0.x 3�MKdF�%a"}YY' !"5..�. lA9Z]SKFIW.e• mw ..a a1AiitbWWlwr. .... a .. GEOCON f li � `"Y�V ��If{'4Y�'11 �4 'fit �SYIT{'I LYrsxuV 1 L; MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CECIA)SERVICES RFP 15-14 1 ) A.5 Subconsultant Team Members Geocon West, Inc. Assignment: Geotechnical Services Geocon West, Inc. (Geocon) is a California corporation established in 1971 a GEOCON and provides a wide range of geotechnical engineering, environmental consulting, construction observation and materials testing and inspection services. Geocon employs approximately 200 professionals at nine offices in California located in Palm Desert, San Diego, Riverside County, Orange County, Los Angeles, Bakersfield,the Bay Area, Rocklin and Sacramento. Geocon has performed geotechnical services throughout the Coachella Valley including the cities of Palm Springs, Coachella, Indio, Rancho Mirage, Indian Wells, La Quinta, Desert Hot Springs and Palm Desert. Geocon's project experience in the Coachella Valley includes, but is not limited to, Palm Springs People Mover, Palm Canyon Phase III Improvements, South Palm Canyon Drive and Bridge Widening, Indian Canyon Drive at the Union Pacific Railroad Overcrossing, Highway 111 Phase 3 Improvements, Jefferson and Varner Road Improvements, SunLine Transit Administration Building, La Quinta Pavement Management Plan, and City of Indio COD Offsite Improvements. Geocon concentrates on providing the highest level of customer service and quality in the most cost-effective manner. Over the years they have built a solid reputation with their clients efficiently solving complex issues. Their management style is hands-on with careful attention to detail, customer service, and client communication. Geocon manages project resources to facilitate timely completion within schedule and budgetary constraints. ►Lisa Battiato,CEG—Regional Manager/Senior Geologist Ms. Battiato has over 16 years of experience providing geologic consulting services throughout California. Her experience encompasses a wide range of projects including: transportation and water infrastructure; educational, medical, commercial and industrial facilities; mixed-use and multi-family residential developments; and other large-scale land developments. Her technical expertise includes: seismic hazard analyses; subsurface fault, landslide, liquefaction, geotechnical investigations and assessment; geologic mapping; pavement distress mitigation; geotechnical services during utility installation and roadway construction; geologic evaluation of levee stability; project management services for large, hillside grading projects; and supervision of materials testing services during construction. Ms. Battiato has been actively involved in determining methods and design necessary for slope stabilization, seepage, mitigation of collapsible soils, induced soil settlement, expansive soils, subsurface dewatering and drainage. ►Gerald A. Kasman, CEG—Senior Geologist/Associate Mr. Kasman has over 25 years of professional experience in performing and managing multidisciplinary geotechnical investigations for major development projects, including investigations for tunnel and pipeline alignments, embankments, transportation, infrastructure, and commercial and municipal projects. His technical experience with projects requiring complex geological studies includes fault rupture hazard investigations, seismicity and ground R MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES IRFP 1S-14) motion studies, geophysical surveys, slope stability investigations, and geologic hazard evaluations. As such, he has extensive experience in detailed field mapping, aerial photograph interpretation, continuous core logging of rock and alluvial deposits, trenching, downhole logging, tunneling, and instrumentation. As the Director of Geological Services, Mr. Kasman is responsible for the development of technical scopes for investigations, training and resourcing of personnel, and maintaining project schedules and budgets. Do-Kenneth Cox, GE—Senior Project Engineer Mr. Cox has over 12 years of experience in geotechnical engineering and construction monitoring for both public and private clients in southern California. His experience in a wide variety of geotechnical projects including commercial and industrial buildings, hi-rise structures, schools, hospitals, pipelines, transmission towers, bridges, roadways, power generators, mass grading, and single and multifamily residential projects provides a wealth of engineering solutions. Mr. Cox has performed geotechnical investigations for schools, libraries, commercial and residential structures. He has the reputation for providing economic solutions to geotechnical obstacles. His in depth knowledge and experience of geotechnical engineering contribute to the quality of projects with budget and time constraints. JWC Ecological Consultants Assignment: Biological Services Begun in 1973, James W. Cornett - Ecological Consultants is today the only ecological consulting firm specializing in biological surveys and impact analyses in the California deserts. With over 1,100 studies completed as of 2014, there is no other company with as much experience in the and regions of California. The vast majority of clients have utilized the services of JWC Ecological Consultants in the preparation of biological impact analyses for environmental impact reports. These clients have included private corporations, governmental agencies, public utilities, and tribal governments. Protected, threatened, endangered species have frequently been the focus of the firm's work and their experience in this area is extensive. Bighorn Sheep, Casey's June Beetle, Burrowing Owl, Yuma Clapper Rail, LeConte's Thrasher, Least Bell's Vireo, Desert Tortoise, and Coachella Valley Fringe-toed Lizard are all sensitive species that have been studied by JWC Ecological Consultants. In addition to biological surveys and impact analyses, JWC Ecological Consultants also develops revegetation and reclamation plans, reviews biological studies conducted by other parties, writes and develops natural history publications for client customers, provides sensitive species monitoring services and conducts university-level classes in desert ecology. JWC Ecological Consultants is the oldest biological consulting firm in California and has conducted more biological studies within the City Limits of Palm Springs than any other individual or firm. Since 1974,80%of JWCs studies involved the CEQA process. 9 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) ►Jim Cornett, Principal The principal of the firm is James W. Cornett, the former Director of Natural Sciences at the Palm Springs Desert Museum. Mr. Cornett is a recognized authority on the greater roadrunner, desert palm oasis ecology, and desert environments in general with eighty publications to his credit including dozens of books and peer-reviewed scientific papers. Mr. Cornett is the primary author of all biological assessment and impact reports prepared by JWC Ecological Consultants. CRM Tech Assignment: Cultural/Archeo/Paleo Services CRM TECH is a full-service cultural resources management consulting firm that has been providing our services to a wide variety of public agencies, environmental firms, private developers, and individuals since 1993. CRM TECH has completed more than 2,400 cultural and paleontological resources studies throughout the State of California, the majority of them in southern California. These jobs were completed according to guidelines of the California Environmental Quality Act (CEQA), the National Historic Preservation Act (NHPA), and/or the National Environmental Policy Act (NEPA), as well specific requirements of individual public agencies (e.g., County of San Bernardino, Caltrans, Bureau of Land Management, USACOE, FAA, etc.). During this time, CRM TECH has acquired a unique archaeology, history, architectural history, ethnography, anthropology, expertise in California gy, ry, rY� and paleontology. At the same time, CRM TECH has developed efficient methods using up-to- date technologies to deal with the full spectrum of historical, archaeological, and paleontological resource issues. Services provided by CRM TECH comprise all aspects and phases of cultural resources investigations pertaining to archaeology, history, architectural history, and paleontology. CRM TECH utilizes our broad range of knowledge and experience to successfully complete required cultural/paleontological studies according to the appropriate guidelines. CRM TECH provides high quality, legally defensible cultural resource compliance reports for a reasonable, fair price. CRM TECH takes pride in completing projects in a timely manner and within the established budget. ►Bal 'Tom' Tang, M.A., Principal Investigator, Project Manager, Architectural Historian, Historian Mr. Tang has 25 years of cultural resources management experience and is a recognized expert in California history and architectural history. He has authored, co-authored, and contributed to hundreds of cultural resource management documents subject to both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). He has also successfully managed hundreds of projects, during which he has guided staff members and overseen their work to ensure that the various aspects of the studies (record searches, historical archival research, field work, graphics production, and report writing) were efficiently completed to the highest standards while meeting established schedules. He has a proven record of preparing and managing CEQA/NEPA projects to successful completion. 10 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQ4)SERVICES - (RFP 15-14) ►Michael Hogan, Principal Investigator, Program Manager, Archaeologist Mr. Hogan has more than 25 years of cultural resources management experience. He has worked on some of the more important archaeological sites in southern California. Additionally, he has been involved in the preparation of cultural resource management documents subject to both the California Environmental Quality Act (CECIA) and the National Environmental Policy Act (NEPA). He has successfully managed hundreds of projects, overseeing staff members and their work, to ensure that the various aspects of the research (records searches, field work, graphics production, and report writing) are efficiently completed to the highest standards while meeting established schedules. Thus, Mr. Hogan has a proven record of preparing and managing CEQ4/NEPA projects to successful completion. Mr. Hogan has been involved in every type of cultural resource management project, including due diligence records searches, Phase I surveys, Phase If testing and evaluation programs, Phase III data recovery as mitigation programs, monitoring during earth-moving, master plan and general plan elements, Native American scoping, and ethnographic research. IN-Terri Jacquemain, M.A., Architectural Historian, Historian Ms. Jacquemain has 12 years of cultural resources management experience, focused especially on California history and architectural history. Additionally, she has been involved in the preparation of cultural resource management documents subject to both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). Ms. Jacquemain is a former award-winning journalist who worked as a feature and beat writer for The Press-Enterprise (1991-1997) and for the Inland Valley Daily Bulletin (1997-1999). She joined CRM TECH as a part-time project historian in 2003 and became a full-time historian in 2006. She exceeds the Secretary of Interior's Standard for history and has been involved in the historical background and archival research for projects throughout southern California. ►Daniel Ballester, M.S., Field Director/GIS Specialist Mr. Ballester has over 15 years of cultural resources management experience. a He participated in various archaeological field schools and workshops while studying archaeology at California State University, San Bernardino. Ballester has been involved in archaeological field surveys, archaeological testing, and archaeological mitigation programs throughout Southern California since 1998. He has been involved in all aspects of archaeological fieldwork, site recording, artifact processing, and site record production for projects throughout southern California. Mr. Ballester oversees and conducts field surveys, records sites, and documents the results of the fieldwork. On numerous occasions he has led field crews on surveys and excavations, as well as overseeing monitoring projects. He maintains detailed notes regarding the work that is being done, the methods that are used, and the results of the fieldwork. Mr. Ballester now operates the GIS Department of CRM Tech. 11 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) Kunzman Associates, Inc. Assignment:Traffic/Air/Noise Kunzman Associates, Inc. is a California Corporation located in the City of Orange and aD specializing in providing professional planning expertise to both the public and private sectors. Since its founding in 1976, the firm's goal has been to provide the best traffic and transportation engineering services available through highly qualified personnel. Kunzman Associates, Inc. will provide expertise in transportation planning, air quality and noise analysis for the on-call environmental assessment projects. ►William Kunzman, P.E., Principal Mr. Kunzman has worked professionally in traffic engineering and transportation planning since 1967 in both the public and private sectors. He has extensive knowledge of governmental agency procedures, design, geometrics, signs, traffic controls, parking, and maintenance. Mr. Kunzman is highly skilled in presenting findings and recommendations to elected officials, municipal commissions community groups, the Courts, and the general public. ►Perrie Ilercil, P.E., Senior Associate Ms. Ilercil has been involved in the engineering field for over 25 years. She possesses the technical knowledge of resources and software relevant to traffic engineering, including: signing and striping plans, construction traffic controls plans, traffic signal plans and lighting plans, plan design, calculations, take-offs and specification.preparation. Ms. Ilercil possesses the technical knowledge of resources and software relevant to traffic engineering, including AutoCAD, HCS+, TRAFFIX and SYNCHRO software for ICU and delay evaluations the PATHPRO program for ADT-to-peak hour volume calculations. He has also been involved in traffic signal warrant analyses, trip generation analyses, traffic forecasting, parking studies, and parking demand studies. ►Roma Stromberg, INCE, Senior Associate M Roma Stromberg has been actively involved in the arena of planning, development and environmental review for over twenty-five years. She has prepared noise studies throughout Southern California and western Nevada. Ms. Stromberg has also prepared and reviewed numerous air quality studies and is adept in the management and preparation of environmental compliance and planning documents. Her project management experience includes the preparation of proposals, project schedules, and management of staff and subcontractors. She has been involved in the preparation of environmental impact reports, environmental impact statements, mitigated negative declarations, environmental assessments, and focused studies. Her skills include project budgeting and scheduling, quality control, and project presentation including planning and environmental recommendations at client and public hearings. 12 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) ►Katie Wilson, M.S., Senior Associate Katie Wilson has developed air quality, noise, and health risk assessments, including emissions inventories, greenhouse gas/climate change analyses, and air dispersion modeling for assessing compliance with ambient air quality standards and significance thresholds. She has performed quality control/quality assurance review of environmental technical reports (biological assessments, jurisdictional delineations, air quality, noise impact, greenhouse gas, and health risk assessments) and conducted presentations to familiarize personnel with the basics of CEQA and NEPA and provide information on CEQA legislative updates. Endo Engineering Assignment.Traffic Engineering Endo Engineering is a professional engineering consulting firm specializing in the modeling and assessment of the air quality, noise and circulation impacts of new development and redevelopment projects. Their professional staff has worked extensively in the Coachella Valley for more than thirty years and has completed hundreds of traffic, air quality and noise studies for all stages of the planning and development process from development feasibility studies and opportunities and constraints analyses to General Plan Amendments, Master Development Plans, Specific Plans and tract maps. Endo's technical studies have been used in the development review process to prepare Initial Studies, EIRs and EISs. Their goal is to foster a better understanding of the transportation related and noise aspects of projects and provide an objective and credible basis for the associated transportation improvement, air quality and noise mitigation requirements. Endo Engineering is very familiar with CEQA and NEPA requirements as well as the City of Palm Springs development standards and traffic, air quality and noise study requirements. They are uniquely qualified to provide on-call engineering services to the City of Palm.Springs, having previously evaluated the potential transportation-related, air quality and noise impacts of hundreds of projects in the City of Palm Springs over more than three decades. Endo Engineering recently prepared the traffic and noise impact studies for the Campus Park Specific Plan, including the West Valley Campus of the College of the Desert. The City of Palm Springs retained Endo Engineering to peer review the Traffic Impact Study for The Springs Retail Center and subsequently asked Endo to prepare an independent traffic analysis of the development. Endo Engineering was retained by the City of Palm Springs to develop effective mitigation for twelve major intersections in conjunction with the Palm Springs 2007 General Plan Update to demonstrate that eight-lane arterials would not be necessary to accommodate future traffic volumes. Endo Engineering has successfully completed studies for a variety of developments within the City of Palm Springs. Their previous studies addressed projects ranging from the Section 14 Master Development Plan/Specific Plan and Convention Center Expansion in downtown Palm Springs, to the access road modifications at the Palms Springs International Airport, the Mesquite Avenue Traffic Calming Project, the Palm Springs Animal Shelter, and the Campus Park Specific Plan including the College of the Desert West Valley Campus. 13 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) ►Gregory Endo Gregory Endo received his Bachelors and Masters degrees and has completed three years of research in pursuit of a Doctorate degree in Physics at the University of California, Irvine. Mr. Endo has also been involved in computer modeling applications as they relate to environmental engineering for more than 30 years. Mr. Endo has adapted existing programs and developed new ones for use by environmental, planning, and traffic engineering consultants to model transportation, air quality, and acoustic systems. During the past twenty years, Mr. Endo has expanded the transportation planning capabilities of Endo Engineering by integrating the use of computer modeling in the planning process. He was responsible for the circulation modeling of numerous General Plans and specific development plans throughout Southern California. His primary responsibilities include maintaining liaison with clients and local agencies, project management for multi-disciplinary projects, and special studies integrating opportunities and constraints with development feasibility and alternative analyses. ►Vicki Lee Endo Vicki Lee Endo graduated from the University of California at Irvine School of Engineering in 1975. She is a registered Professional Traffic Engineer in the State of California and a member of the Institute of Transportation Engineers. Mrs. Endo has served as a project manager and principal investigator on more than 900 air quality impact assessments, noise impact studies and traffic ststudies, evaluating projects throughout California. Her analytical specialties include technical research, the analysis of transportation, acoustic, and air resource systems, and the preparation of technical studies, environmental impact reports, environmental assessments, development feasibility studies, opportunities and constraints studies, and other planning documentation. Mrs. Endo founded Endo Engineering in 1982 to satisfy the growing demand for technical analyses in the three inter-related disciplines of traffic, air quality and noise with state-of-the-art computer capabilities. Mestre Greve .WhR Assignment: Noise/Air Quality Mestre Greve Associates, A Division of Landrum & Brown is a MesbeGreva AssociaLas professional engineering firm specializing in noise control, air OWision of Landrum&Brown resources engineering, and airport studies. The firm, incorporated in 1981, has completed thousands of local projects in Southern California in addition to the successful completion of studies throughout the United States, Canada and the Far East. Services provided by the company fall primarily into the following categories; assessments for airports, noise control studies for development projects, and air, noise, and greenhouse gas studies for environmental assessments. Mestre Greve Associates provide a unique combination of professional consulting services and engineering support. The Noise Control Engineering Services provided by Mestre Greve Associates may be divided into the following categories: community noise studies, industrial noise control, and vibration and dynamic analysis. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining the level of 14 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-141 reduction desired, and finally engineering a solution to achieve the criterion levels. Their experience and technical capabilities form a strong foundation upon which policies to minimize noise and land-use conflicts can be developed. The Air Resources Engineering Services provided by Mestre Greve Associates may be divided into the following categories: highway air quality studies, airport air quality studies, air quality and land use integration studies, new source evaluations, and toxic dispersion and monitoring assessments. The firm possesses strong capabilities to assess source generation and characterization, analyze dispersion of emissions away from the source, and assess the resultant concentrations and impacts. Mitigation options are then analyzed and solutions developed. This may also involve assessing how a project integrates on a regional scale with regional air planning efforts, transportation system goals, and how the project can be integrated with the surrounding area to minimize pollutant emissions. In addition to hundreds of local projects, Mestre Greve Associates has successfully completed noise and air quality studies throughout the United States, Canada and the Far East. The firm has performed assessments of airport noise, ground transportation system improvements, residential and commercial developments, and the development of General Plan Noise Elements for numerous clients in both the public and private sector. Air quality analyses have also been conducted for a wide range of projects: from large planned communities and highways to small housing tracts. This extensive experience ensures a high level of expertise will be provided and that appropriate mitigation options will always be considered. In-house computing capabilities ensure that their assessments are reliable, repeatable, and prepared in a timely manner. Mestre Greve Associates is proud of its reputation for meeting deadlines and completing projects on schedule and at the proposed cost. ►Fred Greve, Principal, Community Noise &Air Quality Specialist Mr. Greve has over twenty-five years experience in all fields of noise assessment and air quality management. Principal experience includes noise and air quality modeling for traffic networks, airports, transportation corridors, and planned communities on the local, state, federal and industrial level. This experience includes legislative monitoring of air and noise regulations, development of ambient air monitoring facilities, and management of aircraft noise monitoring networks. ►Matthew B. Jones, P.E., Manager, Environmental Services Mr. Jones joined Mestre Greve Associates in 1987. He has experience in all fields of noise assessment and air quality management. Work includes project management, software development, engineering analysis, report preparation, as well as noise and air quality monitoring. As Manager of Environmental Services Mr. Jones is responsible for coordination of all environmental services at Mestre Greve Associates. These services include noise and air quality assessments for EIR/EIS, highways, residential and commercial developments and airports. Mr. Jones is involved in the development of most of the in-house computer software modeling programs and is well versed in all of the air quality and noise modeling programs used at Mestre Greve Associates. 15 \ ( \ / \ - work Plan Process/Methodology \ ¢ � •Budget/Schedule �ƒ/ • Project Management Ads / - S mp, Environmental ServicesPr e History MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) SECTION B: UNDERSTANDING OF B.1 Analysis and Design Process/Methodology Civil Engineering was the core service of MSA Consulting in its inception in 1976. The Planning Department was formed in 1992, Environmental Services in 2001 and GIS Services in 2005. The firm has a solid reputation for excellence, honesty and quality that is reflected in a 95% rate of repeat client and referral business. The tightknit team of Environmental Planners, Land Planners, Engineers and Surveyors collaborate and work directly with agencies, tribes, non- profit organizations and land owners, transforming their visions into a reality that positively impacts the surrounding neighborhood, municipality and environment. The firm's skilled technical team is responsible for calculations, creative problem solving, conceptual and final design, project management services, sub-consultant coordination, agency collaboration and plan processing; many projects are overseen from due diligence and environmental analysis through agency approval and finally construction. This breadth of services insures that any analysis incorporates the perspective of several areas of expertise which results in a solid CEQA document. The following list is an example of MSA's wide variety of services beginning with Environmental Services and encompassing the relevant expertise that is utilized throughout the environmental analysis process: • CEQA Initial Studies 0 PM10 (Fugitive Dust Control Plans) • CEQA Environmental Impact Reports • Water Supply Assessment • Focused Environmental Impact Reports • Existing Utility research • NEPA Environmental Assessments • Hydrology Calculations and report • NEPA Environmental Impact Statements ■ Hydraulics calculations Phase 1 Environmental Site Assessments Channel lining, improvement plans • Coordination with Army Corps, Federal • Grading,Storm drain, Sewer, Water and and State Fish and Wildlife Street improvement plans • Section 401, 1600,404 Permitting • Site accessibility ADA compliance • Site constraints and Opportunities • Site/Land Planning design (residential Mapping subdivisions, multi-family residential, • Agency Liaison commercial, industrial,golf courses, • GIS mapping country clubs, medical,schools, church, • GIS Management of NPDES Permit hotel) Compliance • Entitlements • Energy conservation strategies and • Data Transfers systems(LEED certification) a Property/project due diligence reports MS4 water quality control systems and • Land Surveying(GPS and total station) compliance. • Topographic mapping • Water Quality Management Plans • Pre-design survey and cross-sections • SWPPP (storm water pollution Earthwork analysis prevention plan) MSA is positioned so that the team can immediately start any project in Palm Springs with a strong understanding of the City and a drive time of 20 minutes. The team is familiar with the local issues involved and the context under which an analysis must be undertaken. 16 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEM)SERVICES (RFP 15-14) Each proposal will be examined and MSA will prepare a clearly defined scope of work and ensure a complete understanding of the individual project needs. GIS services will generate environmental constraints exhibits from our customized GIS database to develop a preliminary understanding of potential site challenges. MSA will determine the factors involved and perform a preliminary review of the information provided by the City along with supporting data, providing any applicable recommendations to the City. MSA will then develop a realistic estimate of costs to include the labor and other direct costs associated with the individual project, always taking into consideration any applicable cost saving measures. III-Upfront Communication: MSA will collaborate with the City to define the following: • common understanding of a project description; • type and scope of special studies, • appropriate project alternatives (if necessary,) • cumulative analysis requirements (if necessary,) ►Integrated Collaboration: MSA is experienced at identifying potential impacts at the beginning of the project analysis and providing quality advice to address impacts up front and minimize problems later in the process. The company's strengths lie in the diverse company-wide expertise and collective understanding of planning from both policy and physical standpoints. The project description can mitigate a majority of potential impacts when addressed early in the process. The CEQA checklist is organized around the following broad environmental topics: ■ Aesthetics • Mandatory Findings of Significance ■ Agricultural Resources ■ Mineral Resources • Air Quality • Noise ■ Biological Resources ■ Population/Housing • Geology/Soils • Public Services ■ Greenhouse Gas Emissions ■ Recreation • Hazards ■ Transportation/Traffic ■ Hydrology/Water Quality ■ Utilities • Land Use/Planning ►Identification of CECIA Document: Following the establishment of the Project Description and potential impacts, the team will provide a refined schedule based on the timing of a draft document and special studies if 17 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 1S•14) required. CEQA documents can range from Categorical Exemption (CE), Negative Declaration (ND), Mitigated Negative Declaration (MND) to Environmental Impact Report (EIR) as well as revisions to previously adopted documents. Documents requiring special studies can be tackled in a timely manner if the Special Studies (if appropriate) are authorized early in the process. MSA has formed professional partnerships with the Sub Consultants on the team, who have worked in the Coachella Valley and with MSA for many decades. Deployment of special studies is an efficient procedure with this team. Examples of Potential Special Studies: • Air Quality Analysis • Biological Analysis • Cultural Analysis • Geotechnical Report • Hydrology Report • Greenhouse Gas Assessment • Noise Impact Analysis • Paleontological Analysis • Traffic Study CEQA Deliverables: ►Project Management: 1. Cost Estimate 2. Schedule ►Mitigated Negative Declaration (MND): 1. Screencheck Initial Study for City Review 2. Initial Study for circulation 3. Assistance for City in circulation/distribution* 4. Response to comments S. Mitigation Monitoring and Reporting Program 6. MND 7. Notice of Determination (NOD) ►Environmental Impact Report(EIR): 1. Screencheck Initial Study for City Review 2. Initial Study for circulated (as needed) 3. Notice of Preparation 4. Assist City in circulation/distribution* 5. Screencheck Draft of EIR for City Review 6. Draft of EIR for circulation 18 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) 7. Assistance for City in circulation/distribution* 8. Response to comments 9. Mitigation Monitoring and Reporting Program 10. Findings and Statement of Overriding Considerations (if needed) 11. Final EIR 12. Notice of Determination Additional Environmental Support: ►*CEQA Notice Distributions: If requested, MSA will assist the City with mailing packages for mandatory CEQA notices, including distribution to the State Clearinghouse, if necessary. Assistance may include completion of notices. Examples of these notices include Notice of Intent, Notice of Completion, Notice of Availability, Notice of Determination. ►Native American Heritage Consultation (NAHC): If a project includes a General Plan Amendment or a Specific Plan, State Senate Bill 18 requires that the land use agency provide an opportunity for consultation with Native American Tribes within certain timeframes. If requested, MSA will prepare the necessary notification materials and provide these to the City in draft form for their review and use. ►Meetings and Hearings: MSA and sub-consultants, as needed, will attend project team meetings, agency meetings and public hearings to support CEQA document preparation, scoping and certification. This task will be invoiced hourly based on MSA's current year Rate Schedule up to an initial allowance of$10,000. MSA will advise Client should that amount need to be exceeded. ►Reimbursable Expenses: Reimbursable expenses include postage and certified mail for CEQA notice distributions and EIR reproduction. These will be invoiced at cost with an estimated allowance of$3,500 for budgeting purposes. The MSA Team would be led by Michelle Witherspoon who will serve as Senior Project Manager and the City's primary contact. Ms. Witherspoon will work closely with the City and any and all subconsultants and agencies to ensure that project CEQA and Regulatory requirements are satisfied. Michelle Witherspoon at MSA would provide managerial support for the project(s) entirety and share the day-to-day responsibility in her respective fields of expertise. The staff and in-house individuals whose abilities best fit the topics of Potential Significant Impacts of the CEQA would be assigned to coordinate with the applicable Sub-Consultants, research and writing. A strong Team would be assembled for each individual analysis, uniquely qualified to 19 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEOA)SERVICES (RFP 15-14) develop the most-effective approach for the project investigations and document preparation for implementation of the project. Our assigned project team consists of senior-level professionals who will perform the required services, taking a hands-on approach to maintain in-depth and intimate knowledge of each project task. This approach improves overall project management, reduces the opportunity for costly mistakes and delays, and allows our staff to provide timely and efficient services resulting in a successful project. All services will be performed in accordance with industry standard professional practices and in compliance with all City, County and State standards. Throughout the course of each project assignment, MSA will place emphasis on providing the most accurate and reasonable analysis of a project that also manages the City's costs, eliminating the City's exposure through good communication, problem solving and project monitoring. The uniform measure of a company's competence is the ability to provide required services accurately, on-schedule and within budget. MSA personnel consider it his/her responsibility to follow the procedures set forth in MSA's Quality Assurance program, as well as using common sense and good judgment during all facets of work. B.2 Budget/Schedule The MSA team has an outstanding history of past performance on contracts with government agencies and private industry. Completing projects on time and within budget is a top priority for the MSA team. Because past performance can be measured in terms of cost control, quality of work, and compliance with performance schedules, the MSA team has made it a priority to hire experienced professionals and make "best fit" staff assignments for each project task. Members of our Team will have the ability to effectively monitor the budget of each project using accounting software that will track the budget at a detailed task level. Project reports can be generated at any time to measure project performance against each individual project budget. MSA understands that time is of the essence in the performance of consultant services with respect to overall project schedules. With the extensive experience and flexibility of our field and office personnel, MSA has the ability to meet ambitious schedule milestones within the time frame provided by the Agency. To ensure that all projects are effectively tracked and managed appropriately, MSA developed and successfully implemented an automated and integrated cost and schedule control system 20 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) that provides an efficient management tool for the Project Manager and client to manage prime and subcontractor costs. The key elements of project control and reporting include: Computerized Project Cost Tracking System — Employees complete time sheets on a daily basis showing the hours worked on each separate project each day of the week. Weekly job cost reports for each project task are generated immediately after submission of time sheets and copies are delivered regularly to the Project Manager and to the individual(s) responsible for each task. The Project Manager uses these to tract expenditures and to identify variances that need to be addressed. B.3 Project Management Tools The set of techniques and methodologies used by MSA to manage projects are governed by the high level of complexity and low error tolerance on representative projects. To make sure that scopes for every project are completed in a timely and professional manner, MSA's project management will include the following processes. • Contract Administration. Each individual agreement is reviewed in detail to ensure compliance with specific requirements. Special attention is given to project milestones, confidentiality clauses, financial reporting, insurance, and other requirements. • Project Initiation. Project Manager holds an in-house project team kick-off meeting to include, at a minimum, communication protocol including frequency and location of project progress meetings; chain of command within both the City and design teams; Preliminary Project schedule; clarification of scope items, expectations of the City not expressed in the RFP; known public concerns to be addressed; data collection from City; identification of all permits required, and other items as applicable. • Project Timeline. A timeline is prepared to identify project milestones and setting a date for each. Microsoft Project software is used at project initiation and is updated as needed throughout the project. Tasks, resources, project interdependencies of events and tasks, and constraints are identified and updated as the project progresses. The resulting Gantt chart easily displays the critical path, project schedule and project status. • Resources. All resources are made available to get each job done, on time, and on budget. All necessary support needed to complete each task will be provided in house. • Coordination. Coordination with City, Consultants, and subconsultants necessary to properly design the project elements and create a successful project. 22 MSA CONSULTING,INC. CRY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) • Mitigation. Address special project concerns and implement mitigation measures, if applicable, to ensure incorporation into project design. • Public Notification and Involvement. When appropriate, notify and engage the public of the project, and continue communication throughout the project. • Quality Assurance/Quality Control. MSA has an established QA/QC program to ensure deliverables are complete, accurate and withstand internal peer review. This Program provides a strategy and framework for continuously improving performance across the full spectrum of services. MSA personnel consider it his/her responsibility to follow the procedures set forth in MSA's Program, as well as using common sense and good judgment during all facets of work. • Documentation. MSA understands the ethical responsibility of the CEQA Consultant to approach any analyses with integrity and knowledge while striving to protect the public interest as well as the natural environment. A pragmatic approach with reliance on technical studies and information is required to obtain complete and accurate project details. Attention to detail of every aspect of the project will be given to schedules, budgets, contract documents, permit requirements, project inspections, reports, journals, photo documentation, payroll verification, change orders, and every other aspect of the City provided scope of work. • Financial, Effectively works with project support staff to monitor and control managed projects to achieve financial targets. Team members will have the ability to effectively monitor the budget of each project using accounting software that will track the budget at a detailed task level. Project reports can be generated at any time to measure project performance against each individual project budget. • Mentoring. Mentors and coaches project team members and provides constructive feedback on team member performance. • Relationships. Maintains good relationships with City personnel, agency contacts, consultants, subconsultants, and project team members through continual communication and coordination. 22 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEOA)SERVICES (RFP 15-14) B.4 Sample Environmental Services Project History The following environmental project is representative of MSA's commendable skills and abilities: Desert Palisades I Palm .Springs, CA Desert Palisades, located at the southeast corner of Tram Way and the westerly extension of Racquet Club Road, in the City of Palm Springs, County of Riverside, California, is a proposed gated single family residential community consisting of a maximum of 110 custom home sites in the Chino Cone area of Palm Springs. The MSA project team was responsible for the overall Master Plan, Specific Plan and preparation and processing of the Environmental Impact Report for the environmentally sensitive area known as the Chino Cone. Included in the EIR was the analysis of two Desert Water Agency (DWA) Water Reservoirs which required that agency's separate review and approval. This area is culturally and biologically sensitive and the project analysis included prohibition of onsite rock crushing and grading of residential pads. Additionally, MSA prepared the Preliminary Water Quality Master Plan (WQMP) to provide guidance for future onsite Final WQMPs. The site also falls within the boundary of the reservation of the Agua Caliente Band of Cahuilla Indians and consultation with the Tribal planning staff was critical. MSA is currently providing On-Site and Off-Site Final Design Engineering services for the project and is monitoring the implementation of the myriad of mitigation measures adopted as part of the EIR. Relevant Project requirements included identification of mitigation measures to reduce any identified impacts to a level of less than significant for this single family subdivision. The following areas are addressed to exemplify MSA's services: a. Responsiveness and attentiveness to Client needs: When working on an environmental document for a private development project, a planning consultant has two clients-the lead agency and the developer. With Desert Palisades, the city of Palm Springs had recently developed a series of measures designed to insure that development on the Chino Cone was done in an environmentally sensitive manner. By incorporating all of the newly adopted design criteria, the project design self- mitigated many issues that could have been problematic. The EIR process included the involvement of City Staff at key times and ultimately resulted in a certified EIR and no CEQA challenge. The project outreach with the community also resulted in 23 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) working their suggestions into the project design and reduced the amount of negative feedback at the Planning Commission and City Council levels. b. Creative ability: The Desert Palisades environmental design process began with the concept that the project should evolve as environmental issues became known to the team. One main example is that after the Cultural Resources report identified a previously unknown Cahuilla food processing area in one area of the site, the site plan was modified to remove any home sites from that area. Similarly, an historic water flume and the original Chino Canyon Road (abandoned since the construction of Tram Way) were analyzed and incorporated into the project design with the old road alignment designed to serve as a public trail through the project. c. Knowledge and understanding of the latest construction trends: To insure that the project was buildable in light of the severe limits of grading imposed by the Chino Cone ordinance, MSA held several meetings and telephone conversations with seasoned large scale contractors to discuss focused techniques that haven't been widely used in the area but that were critical to implementing the project as proposed. d. Analytical capability: A non-exclusive list of issues that MSA has analyzed and addressed during the course of the project: 1. During the course of designing the project, the City mounted a task force to develop special standards for the Chino Cone. MSA staff participated in that effort and provided some salient input to improve the process. 2. During the development of the special studies needed to prepare an adequate EIR, many changes were made to the design of the project to incorporate proposed mitigation measures suggested by the various consultants and thereby increased the degree to which the project was self-mitigating. 3. During the final design stage of the project, further modifications have been incorporated into the layout and design of the project to better fit the project to the land and allow several natural formations to remain untouched. e. Oral and written communication skills: The advent of e-mail and electronic scanning has proven a boon to helping organize modern communications. In less than 9 years, MSA has saved over 9,500 a-mails concerning this one project. In addition, all submitted documents have included both hard and electronic copies that can be easily retrieved from the system. It is not enough, however, to simply be well organized; successful environmental documents should also be readable to a wide variety of stakeholders and not overwhelm the audience with acronyms and technical jargon. During the public hearings for the project, one commissioner 24 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) questioned the finding in the EIR that stated there were no impacts that couldn't be reduced to a level of insignificance with appropriate mitigation.The commissioner jumped to the conclusion that the report was saying there were NO impacts whatsoever. It was incumbent upon MSA staff to clarify the issue of project impacts in CECW terms to assist the Commission in making a decision on the EIR and the project. f. Interaction with client's organization, i.e., other divisions and personnel: An EIR done for a city ultimately is a product of, by, and for that city. MSA worked with each department in the City's organization that would be impacted by a new development to ascertain individual department issues and long range plans and to accurately record those communications. g. Sensitivity to funding constraints: Accurately predicting the cost of the preparations of environmental documents is certainly a key to a consultant's success-both professionally and from a business standpoint. The key is gaining an understanding of the issues and scope of the needed assessment at the onset of involvement and not making key discoveries after a budget has been established. Certainly, there are times when the scope of a study is changed by factors not under the control of the consultant and in those cases, early identification of the scope change is important along with the assessment of whether the project can be completed within the agreed upon budget. 25 . . .xa ���\~ � ............................ \ Lu \CU \ . . \ Q QJ OJ / • Representative RMe s - Keylsu#O#emeAedu mAuAe m • .�\�. . . MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) C.1 Representative Projects The following similar projects performed by our team serve as a sample of the expertise and success we can translate to your projects. Each of these projects was delivered to the client on budget and in accordance with the_r StUir dp srhedute- .We_encouraee_the City to contact our client references to confirm our Team's performance. North City Extended Specific Plan I County of' Riverside, CA In 2013, MSA was retained to prepare a 590-acre mixed use Specific Plan and annexation to the City of Cathedral City, north of the Interstate 10 Freeway and adjacent to the unincorporated community of Thousand Palms. This included an Infrastructure Finance District (IFD) Study to provide a regional drainage solution and explore use of the Study as a funding mechanism to acquire property and construct facilities. MSA provided a full range of services, including Environmental Impact Report (EIR) preparation, preliminary _ engineering, survey, conceptual land planning, Specific Plan ' preparation, Water Supply Assessment, oversight of the IFD Study and annexation processing through LAFCO. EFERENCES B111 Messenger Leisa Lt kes, City Planner " 'Messenger Investment Company.. City of,'Cathedral City 2a0 Newport Center Drive,Suite 2QQ 0,-700 Avenida Calo'Guerrero Newport Beach, CA 92660 Cathedral City, CA 92234 949-721-0013` 760 770 038fi bill messen er o.com: `� �_ LLuk�cathed-jcity,sov, 26 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15.14) Section 13 Land Annexation I ("ounty o1 Riveisidc_ ('A In 2011, MSA was retained by the City of Rancho Mirage to proceed with annexation of approximately 193 acres of land under the jurisdiction of Riverside County within the City of Rancho Mirage Sphere of Influence, more specifically west and east of Bob Hope Drive, north of Ramon Road and ; south of Interstate 10, a � portion of Section 13. { The annexation allows t the City to have direct influence over the design and service Impacts on this property ' P P Y with an interest in developing ,(}; this area as a gateway to the City. MSA provided Planning and Environmental services necessary to process the annexation through the Local Agency Formation Commission (LAFCO). The Plan of Services was prepared to fulfill the LAFCO requirements identifying the public facilities and service providers responsible to serve the project and detailing the impact, cost and benefit of the service to the annexed property. In addition, a General Plan Map and Text Amendment, a Zoning Map and Text Amendment, and Amendment to official City Boundary Maps were prepared. Further, an Initial Study was completed resulting in adoption of a Negative Declaration. F1bQranjchomJraR0ca;Ay, NCES ynd'dr '.'Citynager ancho Mirage Highway 111 Mirage, CA 92 7'D' -A.5T1QranjchomiraR0c0y y 27 MSA CONSULTING,INC. CITY OF PALM SPRINGS -MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEOA)SERVICES (RFP 15-14) Avenue 52 City Yard I ('uachella, ('A The City of Coachella planned the construction of a t, City Maintenance Operations Yard on a 7.5-acre property located on Avenue 52, approximately 300 feet west of the Coachella Valley Stormwater Channel. The development was designed in two phases. Improvements in Phase 1 would include a maintenance building, equipment and material storage areas, parking facilities and a radio communications tower. Phase 2 would r,, accommodate additional operations buildings and street improvements. MSA Consulting, Inc. was responsible for the - preparation of an Initial Study in accordance with �- CECA and the City of Coachella guidelines. MSA also provided input on the site design and == * environmental compliance. Aeference Ormlen Manriquez bisector of Community Development `City of Coachella a�15 6`h Street Coachella, CA 92236 "7 -398-3102 28 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEOA)SERVICES (RFP 15-14) Fred Young Apartments I Indn), CA The Coachella Valley Housing Coalition assumed control of the originally developed 1930's migrant farmworkers housing from the Indio Housing Development Company in the 1980's. Located on Dr. Carreon Blvd., in the City of Indio, the Fred Young Farm Labor Center serves low and very low income farmworkers and their families. A master plan was developed in 2011 for the renovation of the 59.8 acre Fred Young site, which includes new construction to replace the existing 253 rental units with new housing, as well as some single family housing and extensive renovation of the grounds and community facilities. After the three phased development is complete in early 2014, CVHC plans to develop senior housing, more rental units, single family homes, and open park space %. on the remaining 45 acres that will be left. The project will also feature a community center. MSA Consulting, Inc. is responsible for planning, civil engineering, land surveying, utility coordination, environmental services and construction staking for the project. Environmental services included preparation of a Mitigated Negative Declaration including Initial Study, Environmental Assessment in accordance with CEQA, Mitigation Monitoring and Reporting Program, and Notice of Determination. efereaces � Mike Waftli �- �aYX euliicke I'Land'ACCIu1 i06APr Project, attaget Reveloptnent and Construction Manager of CVliC �G 5-701 Monroe.5#)PlazaV&WpG-. _ontoe St Plaza 1 Ste G Indio CX�421, , io,,CA 92201 60-347 7 474157 Ike.walsls t0c.' org anoeufiickel@cvhc.or¢ 29 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQ4)SERVICES (RFP 15-14) Representative Subconsultant Projects Geocon West, Inc. Palm Canyon Phase III Improvements I Po ni .Springs, CA Geocon is currently performing geotechnical services during the design phase of South Palm Canyon Improvements, Phase III for the Agua Caliente Indians. The project entails the design of several improvements including five water crossings, parking lots and restrooms at the Trading Post and Andreas Canyon, a new Toll Booth, new water line from Andreas Canyon and repaving of the existing roadway. The design elements blend with the existing sites and result in minimal disruption to the natural environment that currently exists at these locations within the Canyons. The scope of services includes a geologic and geotechnical overview of Palm Canyon and the project locations. The overview will include a geologic map of the area and a detailed discussion of the geologic units; evaluation and discussion of the geologic hazards of Palm Canyon and each project area; and a geotechnical discussion of Palm Canyon and each project area to provide general geotechnical information. Geotechnical investigations are being performed for various improvements including bridge structures used for low water crossing. j References f Charles Greely, P.E., LffD AP ' Dudek _. 40 004 Cook Street,Site 4 Paim`Desert CA 92211 ilsa.341.6660 cgreely@dudek.com Additional Project samples Geocon West, Inc. • Barlow Respiratory Hospital;Los Angeles,California • on-Call Geotechnical Engineering, Materials Testing,and Inspection Services;County of Los Angeles, Department of Public Works • Soils and Geotechnical Engineering Services,Southern California; California Department of General Services,Real Estate Services Division • On-Call Geotechnical Services;Metropolitan Water District of Southern California • SR-865/SR-195 Interchange;Mecca,California • College of the Desert offsite Improvements; Indio,California • Indian Canyon overpass; Palm Springs,California • CVWD Wastewater Treatment Plant No. 10;Palm Desert,California • Vortex Specific Plan Environmental Impact Report;Desert Hot Springs, California • Joint Replacement Hospitals of America;Indio,California • Cathedral City Fire Station No.411;Cathedral City,California • Spanish Walk Development;Palm Desert,California 30 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 15-14) James W. Cornett Ecological Consultants • Palm Springs Aerial Tramway People Mover Project; Palm Springs,California • General Plan Update;City of Palm Springs,California • Ocotillo Wells Solar Project;Ocotillo Wells, California CRM Tech • Phase I Cultural Resources Survey;4,000 acres undeveloped land in eastern Riverside County,California • Road Extension Testing and Evaluation;Western Riverside County,California • Archaeological Monitoring Program;51 acres, La Quinta,California • Big Bear Lake General Plan/Cultural Resource Element;Big Bear Lake,California • City of Fontana General Plan/Cultural Resource Element;City of Fontana,California • City of La Quinta General Plan/Cultural Resource Element;City of La Quinta,California • Cabazon Resource Recovery Park;Indio,California Kunzmon Associates, Inc. • Palm Springs Mall Traffic Impact Analysis;City of Palm Springs,California • palm Springs Recycling and Transfer Facility Traffic Impact Analysis;City of Palm Springs,California • The Trails at Palm Springs Traffic Impact Analysis; City of Palm Springs,California • Value Place Hotel Traffic Impact Analysis;City of Palm Springs,California • Whitewater Park Traffic/Noise/Air Quality Impact Analysis;City of Rancho Mirage,California • VW Dealership Traffic/Noise Impact Analysis;City of Cathedral City,California • ShadowRock Church Trip Generation Analysis; La Quinta,California • Rancho Las Flores Traffic Impact Analysis;City of Coachella, California • Thousand Palms Affordable Housing Noise Impact Analysis;Thousand Palms,California • Cabazon Outlets Phase II Noise Impact Analysis;Cabazon,California • Coachella Valley Compost Facility Expansion Air Quality,Global Climate Change,Health Risk Assessment; County of Riverside,California Endo Engineering • Palm Springs 2007 General Plan Update Intersection Analysis;City of Palm Springs,California • College Park Specific Plan;City of Palm Springs,California • The Springs Retail Center Planned Development District; City of Palm Springs, California • Palm Springs Section 14;City of Palm Springs,California • Palm Springs Convention Center Expansion;City of Palm Springs, California • Mesquite Avenue Traffic Calming Study;City of Palm Springs,California • Palm Springs International Airport Access and Internal Circulation Modifications Study,City of Palm Springs, California • City of Palm Springs Animal Shelter;City of Palm Springs,California • Palm Springs Re-Power Wind Energy Center;City of Palm Springs,California Mestre Greve Associates • Foothill Transportation Corridor-South EIS/SEIR Project Noise/Air Quality Assessments • San Joaquin Hills Transportation Corridor Carbon Monoxide Monitoring Program • MCAS El Toro Community Reuse Plan and EIR Air Quality Assessment • Noise Elements for Cities of Palm Springs,Dana Point, Inglewood, Irvine,Beaumont,Stanton,Rialto, Fountain Valley,and Solvang. • Orange County Sanitation District Groundwater Replenishment System Project Noise Assessment 31 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 1S-14) C.2 Key Issues/Challenges/Resolution/Budgeting For the representative projects aforementioned the following key issues/challenges and the resolution of the challenges are referenced below: North City Extended Specific Plan I ('aunt} of Riverside. CA Key challenges of the project included the need to address complex hydrology issues and an extensive outreach effort to Cathedral City residents, businesses, public agencies, and the Thousand Palms community prior to City approvals. Estimated total project budget of $90,000,000+. Section 13 Land Annexation I County of Riverside, CA Even though the site is surrounded by three jurisdictions, i.e., Agua Caliente Band of Cahuilla Indians, City of Cathedral City, and County of Riverside, no significant challenges were experienced. Estimated total project budget of$24,000. Avenue 52 City Yard I Coachclkl. C'A During MSA's environmental review, it was revealed that the project property was formerly the location of a shooting range adjacent to a historic City landfill, representing potential risk of legacy pollutants and contamination. In the environmental review and at the preliminary engineering stage, MSA provided series of mitigation measures to address these potential environmental conditions while maintaining the project objectives. Estimated total project budget of$15,000. Fred Young Apartments I Indio. CA The Fred Young Housing Project was developed to serve the local low income farmworkers community. MSA assisted in the preparation of a Specific Plan that entitled a 1,200 unit community on 60 acres bordered by Dr. Carreon, Van Buren and 48th Avenues. The site had a number of existing units with a small portion of the site acreage vacant for development. The existing units with their residents could not be moved until Phase 1 consisting of 83 units were built. Adding to the challenges was the complicated and virtually unknown network of underground utilities that also had to be kept in service during the construction of Phase 1. The MSA design team incorporated a number of processes to locate utilities including ground penetrating radar. A Master Utility Plan which included phasing of shutdowns and new hook- ups was developed. The flat terrain and poor percolation that defined the sites existing drainage created another challenge. A system of storm drains and retention basin were incorporated into the site recreation by MSA's design team. The end result provided a site drainage system that was affordable and easy to maintain. Estimated total project budget of $15,000,000. 32 > . . ��. . . ��:� ° ............................ ; - �\ zw / Local Business \\ • Team Members Lo olUp$2Ade MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA)SERVICES (RFP 1S-14� • D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Local Business MSA's corporate and only office is located in Rancho Mirage, located in Riverside County within Southern California, putting MSA in a positive geographical location for the various capital improvement projects located throughout the City of Palm Springs. The vast majority of MSA's services over the last 36 years have been performed in the Southern California area, specifically the Coachella Valley. Pursuant to the City of Palm Springs Local Preference Ordinance 1756, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The local preference on Attachment "A" of RFP for #15-14 On-Call Environmental Assessment (CEQA) Services has been requested and submitted with copies of the applicable business licenses in the Appendices of this document. D.2 Team Members Local Expertise/Roles MSA, founded in California in 1976, maintained their corporate office in the City of Palm Springs until they relocated to Rancho Mirage in 2004. Currently, seventy-four percent of MSA employees reside in the Coachella Valley with the remaining in close proximity and all team members have local expertise in Environmental services and associated disciplines. Team members are listed in the table that follows: 33 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL ENVIRONMENTAL ASSESSMENT(CEQ4)SERVICES (RFP 15-14) Robert S.Smith, P.E. President CEO Senior Advisor Principal Engineer Julian A. De La Torre, P.E. Vice President Senior Advisor;Technical and Contractual Princi al Engineer SUDDort Michelle Witherspoon Director of Environmental Services Environmental Clearance for CEQA;Overall review for content and compliance Paul DePalatis Director of Planning Services Environmental Review;Advisor Marvin Roos Director of Design Development Environmental Review;Advisor Jerry Ogburn Principal Planner _ Environmental Review;Advisor _ David Dewegeli Design Development Coordinator Environmental Services Assistance Jesus Herrera-Cortez _ Environmental Planner Environmental Writing;GIS _ Nicole Vann _ Assistant Planner Environmental Writing;Submitt_als_ _ Craig Brudin _ Assistant Environmental Planner Environmental Writing; GIS _ Derek Gallerani P1 nning CADD Technician Environmental Services Assistance GPMW6rtic-af Set vices- Geocon West, inc. Lisa Battiato, CEG, LEED AP, Regional Manager/Senior Geologist Project Manager—Geotechnical Engineering; APM_ Environmental Consulting Ken Cox GE Senior Project Engineer Geotechnical Investigations Gerald Kasman CEG Senior Geologist/Associate Geotechnical Task Order Management James W.Cornett Owner-Principal Biolo ical Surveys/Impacts Bai'Tom'Tang, M.A. Principal Investigator,Project Manager, Project Manager—Cultural Resources Architectural Historian, Historian ___ Historic-Period Building QAQC Michael Hogan,PH.D. Principal Investigator, Program Manager, Project Manager—Cultural Resources Archaeologist Record Search; Native American scoping; fieldwork QAQC Terri Jacquemain M.A. Architectural Historian, Historian Historical Research Daniel Ballester, M.S. Field Director/GIS S12ecialist Cultural Investigation Fieldwork William Kunzman, P.E. Principal Project Manager—Traffic/Air Quality/Noise Perrie Ilercil, P.E. Senior Associate Traffic Impact Analyses Roma Stromberg, INCE Senior Associate Noise lmpactAnalyses Katie Wilson, M.S. Senior Associate Air Quality Im act Analyses Gregory Endo Principal Project Manager-Traffic_ __, Vicki Lee Endo Project Mana er/Princi al Investi ator Traffic Im act Analyses Fred Greve, P.E. Managing Director Project Manager-Air Quality/Noise Im act _ Matthew B.Jones, P.E. Manager Analyses; Report Preparation 34 . . � ..e . �. , .v �.��\ ............................ WL, '\ �� . f Attachment `' _ \ • Addenda Acknowledgements ATTACHMENT "A" RFP for#15-14 ON-CALL ENVIRONMENTAL ASSESSMENT (CEQA) SERVICES *NOTE: THIS FORM MUST BE COMPLETED AND INCLUDED IN ENVELOPE #1 "QUALIFICATIONS/WORK PROPOSAL"* SIGNATURE AUTHORIZATION NAME OF PROPOSER/FIRM: MSA Consulting Inc. A. I hereby certify that I have the authority to offer this proposal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my proposal. SIGNATURE Julian A. De La Torre, P.E., Vice President/Principal PRINT NAME B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: —An individual; A partnership, Partners' names: - A company; X A corporation R A Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. 2. My tax identification number is: 95-3089228 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # 1 and 2 Ware hereby acknowledged. 12 BUSINBS LICENSES FOR LOCAL PREFERENCE IVISA Consulting, Inc. —City of Palm Springs Business License CITY OF PALM SPRINGS BUSINESS LICENSE 3200 E TAHQUITZ CANYON WAY,PALM SPRINGS,CA 92262(760)323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS NUMBER: 00002798 EXPIRATION TAX/ADMIN,FICE CURT NO BUSINESS TYPE: ENGINEERS 10/31/2014 18.W 20I1 OWNER NAME': SMITH(PRESIDENT),ROBERTS 10/31/2014 200.00 2012 10/31/2014 1.00 61890 BUSINESS NAME: MSA CONSULTING INC BUSINESS ADDRESS: 342IX1 BOB HOPE DR RANCHO MIRAGE,CA 92270 MSA CONSULTING INC ISSUANCE OF THIS LICENSE Does NOT FATITLE• 34200 BOB HOPE DRIVE THE UCENSEE TO OPERATE OR MAINTAIN A RANCHO MIRAGE CA 92270 BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS MUST BE POSTED IN A CONSPICUOUS PLACE MSA Consulting, Inc. -City of Rancho Mirage Business License CIT Y OF RANCHO MIRAGE BUSINIMS LICENSE TAX CERTIFICATE lhm 9G. n p M ...dWh.,1.011,l m1i'MedCITTOrK X OMlKAG^ phi. o+eogngo m.ralry nn. I1 mlMuu in the onfi of xn.Mt Midcq l d lwl An Mun d lrnrfl••1ol. g. rmle..rion.eK(i .inn a1 l."wun de'sMIwJ hcluw for the Arena.ndn»IN. iilwr w o lyr iwq. Oar.CI I In ?RA 9t nlnhllIR q IE,iMr in Vglnlinn RANT UAIJWCATI NSO '4,11SOIY OI+RUSINESMIRAGL?IMP.S N(1l'WAIIRAN'I'lilli QIIALIPI(•ATIONs OF PP:RWNS OR RIISINIiS5Y5'i'A YF;D, Issue Date: 03/21/2013 Expiration Date: 03/31/20N liusluess Id: 17433 Business Address: IlHsiness Name: 342(R)BOB HOPE DRIVE RANCHO MIRAGE CA 92270 MSA CONSULTING IN(' 342(x)Bob HOPE DRIVE LICENSE FEE: $ 538.00 RANO10 MIRAGE. CA 92270 BALANCE DUE: $ .1.00 11� Vkf2++� B11StNF:,SS CATEGfFRI': 2R1' PROPF:SSIONAI. 1lirmm of AJ ininlrmi.•e ticrvicrx BUSINESS LICENSES FOR LOCAL PREFERFNCE 78.495 CRRO TtsyRey I.1911I1n,CA P&M (7"77PMW CZRTMCATE � mine. MOSINIM I:OOAITON „9wY�ieDww. , DVISIDR CITY LIMITS 1YUN..n.onww.l.wYrwuy(WCMlwswl..oxm �f�'�NW�Wd�itiWw NY...1 ulwww..IM.�.f wi+YDs.ir wttan l.r.wwee •.. rpMwi WMII'MMwwYwr Y.arWw.NM.�.Nf1rMw hhMe1MY[�.�Yy1MY�awYJI.YMfNFP1l.1 � . OaJLYiN MOST, INC. ��Tw.ii�� -0..M..1w...wlM{.►W wwyYY�aryN4np�ywyrw BIISDVe�'a$ADDR64R: 4POOl R)OR ST9RRT 04 aiW(NW;ww.Y Y LYYrwwwYMNwYrrwfY PAtM URSS&T G 92211 �eYOiap.fulwwfl.iW.iv1Y.N IAI ilw, NOfM i W1flYNnwytOMMYYitYY.IsnNC.WMi DtIRD1MLICNO1 101,125 gy. / w:L• � Q' r e§ CI ISSIIRCA7IONe aloltmklw a'sitv[ew GGG _�____-- EWIItA'riONDAYM n/01/ss,: . ... Note:City of Palm Desert Business License for Ge Con West,Inc.renewed and in transit.Operational in the City since 2010. CITY OF PALM SPRINGS BUSINESS LICENSE 32IN)E.TAIIQUITZ CANYON WAY.PALM SPRINGS.(A 112262 060)32}.9289 PUd.ASL MY1I;'I'IIA'r IT IS YOUR RFSPONSI6ILITY TO RENEW AND I!PDAIE TELLS LIC EN'SE ANNUALLY. I{Uti1NF:}S NVPINI;It: 9710.50R NXPIRA110S '1'AX(ADMIN.FP,R CFR'I'NO RUSINFSS T'VPE: PURL.I.SIII\G 4)2/25/2015 IA.171 251'9 I NYNFR NAME: CORNETT.LAMES W 02I2912015 67,110 21,6u 02128/20IR LU0 us"d DL(SINkMfi NAMU; NATURE I NAILS PRM RUSI.NWH ADDRESS; P O ROX R46 YAIA)SPRIN(F.CA 9 Zlry NA[IfRE T N A II.S PRESS WCANCL f W 1'111S I.ICY.NSJI 1,OKS N(VI'Y.ST1I LF. P O R(1X 846 '1116 UCENFIX.TO OPERATa 4 W.LONTAIN A RLMNERS IN VIO ATIOS OF ANY VIVER LA\1 PALM SPRINGS CA 92263 OR(IRMISANCL 1111SISNOi ASEMM1RFTWN] OF"If.A(,TIYITY NOR ON I OIL AIWLICANI'S VDAIIFICATV)MS Ml1S'I'l31S POSTED IN A C(/NSI'ICUQUS PLACE. F•i,�fit. t' i4 4,FORN REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES ADDENDUM NO. 1 This Addendum is being issued for the following changes and informational items: THE FOLLOWING. REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Is it acceptable to include a range of sub-consultants to ensure availability ( i.e. two Traffic Engineers)? A 1: Yes. However, any changes of sub-consultants during a project must be approved in advance by the City's Director of Planning Services. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: March 6, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: MSA Consultin ,Inc. Authorized Signature: A�L?_�y Date: 3.27.2014 Acknowledgment of Receipt of Addendum 1 Is required by signing and Including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. ' Phl.Al �.rlrpq R . REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES ADDENDUM NO. 2 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q 1: Are you aware of any specific projects currently in the planning stage which the City anticipates using the on-call consultants for? A 1: The City is not providing specifics at this juncture about any anticipated projects. This is for on-call services for an extended multi-year tern. Projects will be assigned to firms as the City deems appropriate, as is explained in the RFP. Q 2: Do you want Attachment A bound with the proposals or placed unbound into envelope#1 Qualifications/Work Proposal? A 2: Please see instructions about Attachment A on page 6, near the top of the page under the section titled "Envelope #2". Bound or unbound does not matter as long as you follow the instructions and put it in the correct envelope, Envelope #1 with your work proposal. Q 3: Is this set aside for DBE or DVBE? Do you actively seek out these types of certified organizations? A 3: There are no DBE or DVBE requirements for this solicitation. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement& Contracting Manager DATE: March 13, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Finn Name: MSA Consulting Inc. Authorized Signature: � 6 Date: 3.27.2014 Acknowledgment of Receipt of Addendum 2 is required by signing and including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. YAtht REQUEST FOR PROPOSALS (RFP 15-14) FOR ON-CALL ENVIRONMENTAL ASSESSMENT(CEQA) SERVICES ADDENDUM NO. 3 This Addendum is being issued for the following changes and informational items: THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE RFP DOCUMENT AND INSTRUCTIONS ARE TO BE INCLUDED AND SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto. Q 1: Is it allowable for a consultant to submit as prime and also be a sub for specific services on another prime's team? A t: Yes a firm may "submit' as a Prime and also may be listed as a Sub for another Prime. However, If you are awarded a contract as a Prime, you may not also perform as a Sub to another Prime. If you are NOT awarded a contract as a Prime, you may perform as a Sub to another firm that is awarded a contract as Prime. You may not do both. Q 2: There are two sections in RFP 15-14(page 8 and pages 10-11)that require any exceptions to the RFP, sample agreement or insurance requirements be included in the proposal. There are no defined instructions as to where exceptions or comments were to go, so because the proposal is limited to 25 pages(excepting Attachment A, Addenda acknowledgements and the cost proposal),would it be acceptable for the bidding firm to include comments(if any) as an appendix, not counting toward the 25-page limit? A 2. As the RFP states, any exceptions are to be Included" in the proposal, meaning they are part of your proposal and WILL count toward the 25 sheets of double-sided paper limit Where you choose to locate your exceptions in your Proposal is up to you, as long as they are clearly defined as requested in the RFP document BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. Gladders, C.P.M. Procurement&Contracting Manager DATE: March 19, 2014 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: MSA Consultin ,Inc. Authorized Signature: ate: March 27,2014 Acknowledgment of Receipt of Addendum 3 is required by signing and Including the acknowledgment with your submittal, or you may also acknowledge the Addenda on the bottom of Attachment A. Failure to acknowledge this Addendum may result in your submittal being deemed non-responsive. EXHIBIT "D" SCHEDULE OF COMPENSATION Attached rates shall apply for the first three (3) years of the agreement, after which Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date of the agreement. The optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Consultant. 23 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-GALL CIVIL ENGINEERING DESIGN SERVICES (RFP 01-141 City of Palm Springs • • •A) Services - COST PROPOSAL The following hourly rates reflect classifications of personnel who may work on a City Project. PLANNnva•Crvn.ESNOINeBB0f0•LAND DRV6Ygd0 Classification Hourly Rates Princioal Engineering Services Principal Engineer $220.00 Planning/Environmental Services Director of Design Development 200.00 Director of Planning 200.00 Director of Environmental Services 165.00 Principal Planner 200.00 Design Development Coordinator 130.00 Environmental Planner 110.00 Assistant Planner 85.00 Assistant Environmental Planner 95.00 Planning CADD Technician 85.00 Administrative Services Administrative Assistant 70.00 40 GEOCON Geotechnical Consultant Services Word Processor/Non-Technical Assistant/Draftsman $60.00 Engineering Assistant/Lab Technician 60.00 Engineering Field Technician(Geotechnical Inspection/Testing—Including Nuclear Gauge) 75.00/90.00(PW) Engineering Special Inspector(Deputy/Special Inspection—Including Sampling Equipment) 75.00/90.00(PW) Staff Engineer/Geologist 100.00 Project Engineer/Geologist 120.00 Senior Project Engineer/Geologist 135.00 Senior Engineer/Geologist 150.00 Associate Engineer/Geologist 180.00 Principal Engineer/Geologist 220.00 Ecological Consultant Services Consultations(In person) $182.00 Field Surveys 91.00-182.00(task dependent) Report Writing/Written Responses 182.00 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL CIVIL ENGINEERING DESIGN SERVICES (RFP 01-14) Classification Hourly Rates CRM TECH Cultural Resource Management Consultant Services f Principal Investigator $95.00 Project Director/Project Manager 95.00 Primary Historian/Architectural Historian 95.00 Primary Paleontologist/Geologist 95.00 Ethnographer/Ethnohistorian 95.00 Laboratory Analyst 90.00 Field Director 80.00 Report/Site Record Writer 80.00 Field Crew Chief 70.00 Project Archaeologist/Paleontologist 70.00 Project Historian/Architectural Historian 70.00 Archaeology/Paleontology Monitor 70.00 Field Crew Person 50.00 Laboratory Technician 50.00 Report Technician 50.00 Office Technician 50.00 Clerical 50.00 y '1A� OVER 35 YEARS OF EXCELLENT SERVICE Traffic/Noise/Air Quality Services Principal $150.00 Principal Associate 225.00 Senior Associate 125.00 Associate 100.00 Junior Associate 75.00 Technician 40.00 Secretary 40.00 ii Engineering Traffic fnaineerina Services Principal/Professional Engineer $130.00 Director/Associate Engineer 110.00 Project Manager 70.00 Associate Project Manager 40.00 Technician 25.00 MSA CONSULTING,INC. CITY OF PALM SPRINGS MARCH 27,2014 ON-CALL CIVIL ENGINEERING DESIGN SERVICES (RFP 01-14) Classification Hourly Rates Mestre Greve Associates Division of Landrum &Brown Noise/Air Quality Services Principal $180.00 Associate 160.00 Staff Engineer/Scientist II 90.00 Engineer/Scientist) 75.00 Technician II 65.00 Technician 1 55.00 Administrative 80.00 Clerical/Word Processing 45.00 Reimbursable Expenses Labor, materials and incidental expenses such as vehicle mileage,postage,toll calls are included in the above referenced rates.The following reimbursable expenses are not included. *Checking and inspection fees •Soils Testing fees and special equipment rentals and/or materials •Filing or Permit fees 9Title Company charges *Record searches •Publication fees(newspaper notices) •Mailing/shipping fees •Reproduction costs Additional Costs *Special Studies A 6?azi •A 6yys-A45-9 MSACONS-02 CMA ° 1215120 2 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License 1110757776 EACT Chnsty Mayo CNOT PH°NE 760 360-4700 4249 No: 60 200-0790 lac, No, Ert: ( ) (7 ) HUB International Insurance Services Inc. 75030 Gerald Ford Drive Suite201 A'pp%kss.christy.mayo@hubinternational.com Palm Desert, CA 92211 INSURERS AFFORDING COVERAGE NNC% INSURER A:Ohio Security Insurance Company 24082 INSURED INsuRERs American Fire and Casualty Company 24066 INSURER C: Hartford Ins Co of the Midwest 37478 MSA Consulting, Inc. INSURER D: 34200 Bob Hope Drive Rancho Mirage, CA 92270.0000 INSURER E INSURER F: rnvvowr_oc C5RTICIrATF NIIMRFR• RFVISION NIIMRER- vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF POLICY UP UMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE �X OCCUR X X 8KW57239413 51112022 5/112023 AMAGE TO RENTED DPREMISES (Fe occurrence) $ 200,00p X Per project a9g MED EXP (Any we Bon S 16,000 PERSONAL &ADV INJURY 1,000,000 GEWL AGGREG TE LIMIT APPLIES PER: POLICY �• El LOC GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OP AGG 1 2,000,000 S OTHER. B AUTOMOBILELMBILITY COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY Per E X ANY AUTO X X BAA57239413 5/1/2022 SPI12023 BODILYRY Par BcdEM1 S AUUTTOS ONLY SCHEDULED WNW SCHEDULEp AUTOS ONLY AUTOS ONLY AMAGE S S B X UMBRELLA LUIB X OCCUR RENCE E 5,000,00O EXCESS LIAe CLAIMS -MADE USA57239413 5/1/2022 51112023 5,000,000 DEO X RETENTIONS 10,000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETOR/PARTNERr ECUTIVEY/N ppF�FICERIMEMgg��qq EXCLUDED9 (Mandatory In NN) NIA X 2WECFY8296 11112023 1/1120241,000,00ANY OTH- CIDENT S E.L. DISEASE - EA EMPLOYE 1000000 EL. DISEASE - POLICY LIMIT $ 1,000,000 It yes, des vibe under DESCRIPTION OF OPERATIONS bekAv DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Addlaonal Remarke Schedule, may be anached U more space Is B ulmtl) All Operations The City of Palm Springs, its officials, employees and agents are included as additional insureds per attached endorsement when required by a written contract. are included as additional insureds per attached endorsement when required by a written contract Waiver of Subrogation in regards to the General Liability applies as per the attached endorsement. Primary & Non Contributory Wording is included as per the attached endorsement. Additional Insured and Waiver of Subrogation applies on the Commercial Auto & Workers' Compensation as per the attached endorsement. 30 days notice of cancellation will be provided. rooTlnrATE HOLDER r&NCF1 I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Palms Springs DEC 19 2022 THE EXPIRATION DATE ACCORDANCE WITH THE POLICY EOF, NOIONS.TICE WILL BE DELIVERED IN Attn: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 City Hall Reception Desk AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CANCELLATION ENDORSEMENT Policy Number: 72 WEC FY8296 Endorsement Number: Effective Date: 01/01/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MSA CONSULTING INC 34200 BOB HOPE DR RANCHO MIRAGE CA 92270 This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Item (g) through (1), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. Countersigned by: ±-- X '"'"� Authorized Representative Form WC 04 06 01 A Printed in U.S.A. Process Date: 11/22/21 Policy Expiration Date: 01/01/23 BKW57239413 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOWEMPLOYEEEXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Q 2013 Llberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It Is not owned by any Insured; 2. It Is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply If there is available to the insured other valid and collectible insurance, whether primary, excess (other than Insurance written to apply specifically —_ in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT s Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Llabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply If such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement Is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) E If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section 1 - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,wlth Its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions Is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included In your premises rental or lease agreement, is not an "Insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments Is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: a d. All reasonable expenses Incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. s G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily Injury', "property damage" or "personal and advertising injury" caused in whole or In part by: a. Your ads or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily Injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Once, Inc.,with Its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "properly damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This Insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The Insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insur- ance afforded to such additional Insured will not be broader than that which you are required by lt the contract or agreement to provide for such additional insured. With respect to Paragraph 1.e. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph t.c. above, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. n The Insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured as required In Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A - Bodily Injury And Property Damage Liability: This Insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional Insured. b. "Bodily Injury" or °property damage" that occurs prior to you commencing operations at the location where such "bodily Injury" or "property damage" occurs. c. "Bodily Injury', "property damage" or "personal and advertising Injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that Insured, If the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the Insurance afforded to these additional Insureds, the following Is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. s This endorsement shall not Increase the applicable Limits of Insurance shown in the Declaralio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION s This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making Its policy excess, and you have agreed in a written contract or written agreement to provide the additional Insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includescopyrighted material of Insurance Services Office, Ina,with its permission. Page 5 of 8 b. The following Is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this Insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance Is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional Insured on other policies. 1. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. c 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result In a claim or "suit" under z this Insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all Insures whom also have insurance available to the additional insured; and c. Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or Indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified In a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11-Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer c workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily Injury" or "personal and advertising Injury" caused by an "employee' who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other 'employ- ees" of yours. However, none of these "employees" are Insureds for "bodily Injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc,, with Its permisslon. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily Injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured Is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liabllity Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". A v N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. Is replaced by the following: 3. °Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental Injury, shock, fright or death that results from such physical Injury, sick- ness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. — Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT ORAGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans - for Of Rights Of Recovery Against Others To Us: m We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed In writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- - ment. Fi a ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 BKW57239413 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization Is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional Insured that Is the subject of the written contractor written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily Injury" or "property damage". We have no duty to defend an additional Insured underthis endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted materiel of Insurance Services Office, Ino., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this. endorsement, exclusion I. Damage -To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury. And Properly* Damage Liability is replaced by the following: L Damage To Your Work . "Property damage'' to "your work" arising out of It or any part of it and included in the "products completed operations hazard D. With respect to the insurance afforded td these additional insureds, the following is added to Section 11- Limits of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will. pay on behalf of the additional insured is the amount of insurance: . 1. Required by contractor agreement; 'or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. E. With respect to the insurance afforded by this. endorsement; Section IV -'Commercial General Liability Conditions is amended as follows: 1. The following is added tq Paragraph 2. Duties In The Event -Of Occurrence, Offense, Clalmia Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or.an offense that may result -in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of'any'clairn or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other Insurance which the additional insured has fora loss we cover under this Coverage Part. d. We have no duty to defend or indemnify'an additional insured under this endorsement until we receive written notice of a. "suit". by the additional insured. 2. Paragraph 4. of Section IV- Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to 'provide the additional. insured coverage on a primary and noncontributory basis, this policy shall be primary and, we will not seek contribution from the additional insured's policyfor damages we cover.. . b. The following is added to Paragraph b. Excess Insurance:. When a written contractor written agreement, other than a premises lease, facilities rental contract or agreement; an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory; this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on. any other basis for -which the additional insured has been added as an additional insured on other policies. ® 2013 Liberty Mutual Insurance - - CG 85 83 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 2 of 2' . BAA57239413 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified o by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER a a ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR- WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 4 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 20 SECTION II - LIABILITY COVERAGE is amended as follows: m 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an Insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock - during the policy period. However, "Insured" does not Include any organization that: (1) Is a partnership or joint venture; or (2) Is an Insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. a. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there Is similar Insurance or a self -insured retention plan available to that organization; 0 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily Injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an Insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other Insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an Insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed In a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been Issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the Insured at our request, Including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" n results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or m 20131-iberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of InsuranceServices Office, Inc., with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only If the damage occurs while the vehicle is being used In the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of c like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. c D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor Incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver, or (2) Any "auto" that Is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS Is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck' is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have agross vehicle weight (GVW) of 10,001-20,000 pounds. However, the labor must be performed at the place of disablement. s 8. PHYSICAL DAMAGE " ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 V ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses Incurred by you for the rental of an "auto' because of "accident" or "loss", to an "auto" for which we also pay a 'loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses Incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos' avall- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include 'personal effects" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" Is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision Is excess over any other collectible Insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is wom or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS Is amended by adding the follow- Ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an alrbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, If the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, In or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the 'loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any —_ one "accident" Is the greater of the; 1. Balance due under the terns of the loan or lease to which the damaged covered "auto" Is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the $ date of the "loss", s b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, is a. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", 1. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual s cash value at the time of the "loss". This adjustment is not applicable in Texas. a B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that Incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS Is changed by adding the following: As used In this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE Is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" Is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is In the charge of any person or organization engaged in the automobile business. 17. TWO ORMORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible It will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. Is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this a policy will not be prejudiced. s However, you must report the undisclosed hazard of exposure as soon as practicable after Its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS a SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced In Its entirety by the following: a. In the event of "accident", claim, "sulY or "loss", you must promptly notify us when It is known to: 1. You, If you are an Individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, If you are a corporation. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., w8h Its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "Insureds" name and address; and (3) The names and addresses of any Injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is a amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages Is determined In a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with _ a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily Injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental Injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION a a rz COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mall to the first Named Insured written notice of cancellation at least 60 days before the effective date of,cancellation. This provision does not apply In those states which require more than 60 days prior notice of cancella- tion. ® 2013 Liberty Mutual Insurance CA 88 10 01 13 Includescopydghted material of Insurance Services Office, Inc.,with its permission. Page 7 of 7 iBAA57239413 S a COMMERCIAL AUTO CA 88 63 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown In the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed In the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain Insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE 3. Number Days Advance Notice: 30 All other terms and conditions of this policy remain unchanged ® 2012 Liberty Mutual Insurance CA 88 63 09 12 Includes copyrighted material of Insurance Services Ofilce, Ina, with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC FY8296 Endorsement Number: Effective Date: 01/01/23 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MSA CONSULTING INC 34200 BOB HOPE DR RANCHO MIRAGE CA 92270 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by N'4f Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 11/10/22 Policy Expiration Date: 01/01/24 MSACONS-021% � / CMAY ACvRO CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)5/2/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 75030 Gerald Ford Drive Suite 201 CONTACT Christy Mayo AICNNo, EXt): (760) 360-4700 4249 FAX 76O 200-0790 (A/c, No):( ) A DRESS: christy.mayo@hubinternational.com___ INSURERS AFFORDING COVERAGE NAIC # Palm Desert, CA 92211 INSURER A: West American Insurance Co 44393 _ INSURED INSURER B: American Fire and Casualty Company 24066 INSURER C : Hartford Ins Co of the Midwest 37478 MSA Consulting, Inc. INSURER D : 34200 Bob Hope Drive Rancho Mirage, CA 92270-0000 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS -MADE X OCCUR X X BKW57239413 5/112024 5/1/2025 DAMAGE TO RENTED PREMISES E occurrence) 200,000 X MED EXP (Any oneperson) 15,000 Per project agg PERSONAL & ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PPOLICY ❑X PRCOT- LOC GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 OTHER: A AUTOMOBILE LIABILITY EO acciden SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) X ANY AUTO X X BAW57239413 5/1/2024 5/1/2025 BODILY INJURY Per accident OWNED SCHEDULED AUTOS ONLY AUTOS PROPER ntDAMAGE $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS -MADE ESA57239413 5/1/2024 5/1/2025 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 72WECFY8296 11112024 1/1/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 11000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All Operations The City of Palm Springs, its officials, employees and agents are included as additional insureds per attached endorsement when required by a written contract. are included as additional insureds per attached endorsement when required by a written contract. Waiver of Subrogation in regards to the General Liability applies as per the attached endorsement. Primary & Non Contributory Wording is included as per the attached endorsement. Additional Insured and Waiver of Subrogation applies on the Commercial Auto & Workers' Compensation as per the attached endorsement. 30 days notice of cancellation will be provided. RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HE EXPIRATION DATE THEREOF, City of Palms Springs OFFICE OF THE CITY CLE "ACCORDANCE WITH THE POLICY P OVISIONSCE WILL BE DELIVERED IN Attn: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE 041_1�UdL__ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I�A BKW57239413 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It Is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, $ Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) e a If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 113 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses Incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 20131-iberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construcfion, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional insured on other policies. 1. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. � 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional Insured; and c. Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO iS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 -Who is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of vours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". '6 N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. Is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we R make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: " -- 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 3 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 13 COMMERCIAL GENERAL LIABILITY CIS 85 83 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CIS 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 2 C. With respect to the insurance afforded by this. endorsement, exclusion I. Damage, To Your Work of Paragraph 2. Exclusions' under Section I - Coverage A'- Bodily Injury -And Property Damage Liability is replaced by the following: 1. Damage To Your Work . "Property damage'' to "your work" arising out of it or any part of it and included in the "products-. . completed operations hazard D. With respect to the 1nsurance.afforded to these additional insureds, the following is added to Section 11- Limits of Insurance: If. coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of, insurance: 1.. Required by contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by thi_s.endorsement; Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event -Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give. written notice of an "occurrence" or.an offense that may result -in a claim or "suit" under' this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to.the additional insured; and c. Agree to make available any other insurance which the additional insured has fora loss we . cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured: 2. Paragraph 4. of Section IV - Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional. insured coverage on a primary and noncontributory basis, this policy shall be•primary and. we -will not seek contribution from.the additionaHnsured's policy for damages we_cove'r.. - b. .The following is added to Paragraph b. Excess Insurance:. When a written contractor written agreement, other than a premises lease, facilities rental contract or agreement; an equipment rental or lease contract or agreement; or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primaryand non-contributory;-• this- insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is- excess over any other insurance whether primary, excess, contingent or on. any. other basis for.which the additional insured has been added_ as an additional insured on .other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of. Insurance Services Office, Inc., with its permission . Page 2 of 2 3EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 72 WEC FY8296 Endorsement Number: Effective Date: 01/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MSA CONSULTING INC 34200 BOB HOPE DR RANCHO MIRAGE CA 92270 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Form WC 00 03 13 Printed in U.S.A. Process Date: 11 /21 /23 Countersigned by Authorized Representative Policy Expiration Date: 01/01/25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CANCELATION ENDORSEMENT Policy Number: 72 WEC FY8296 Endorsement Number: Effective Date: 01/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: MSA CONSULTING INC 34200 BOB HOPE DR RANCHO MIRAGE CA 92270 Name of California Insurer: Hartford Casualty Insurance Company This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Material failure to comply with federal or state safety orders or written recommendations of our designated loss control representatives; h. The occurrence of a material change in the ownership of your business; i. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; j. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; k. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (k), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. If we mail the notice to you, the stated periods of notice and your right to remedy the condition will be extended by 5 days if the place of mailing and your mailing address is within California, 10 days if the place of mailing or your mailing address is outside of California and 20 days if the place of mailing or your mailing address is outside of the United States. 5. The policy period will end on the day and hour stated in the cancelation notice. Form WC 04 06 01 B (01/22) Printed in U.S.A. Process Date: 11/21/23 Policy Expiration Date: 01/01/25 a BAW57239413 COMMERCIAL AUTO CA 88 63 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following: A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or organization shown in the Schedule below. In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured. B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. SCHEDULE When required by written contract or agreement 3. Number Days Advance Notice: 30 All other terms and conditions of this policy remain unchanged © 2012 Liberty Mutual insurance CA 88 63 09 12 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1