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HomeMy WebLinkAboutA6345 - GROUP 4 ARCHITECTURE, RESEARCH + PLANNING - NEEDS ASSESSMENT FOR LIBRARYGam\ OHO f AFFINITY October 28, 2024 City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Re: Notice of Cancellation Insured: GROUP 4 ARCHITECTURE RESEARCH Policy #: C72359665 Policy Period: 10/01/2024 to 10/19/2024 To Whom It May Concern: PO Box 41G679, Kansas City, MO 64141-06T9 Phone 913.652.7500 Fax 913.652.7599 DeDveries APEX 435 • 10895 Lowell Avenue • Suite 300 overland Paris, KS 66210 RECEIVED NOV 0 4 2024 OFFICE OF THE CITY CLERK We have information on file indicating that you have requested a Notice of Cancellation for the above Workers Compensation policy, should it cancel. This letter serves to notify you that the insured you have, or have had, a job or contract with has cancelled their Workers Compensation policy effective 10/19/2024. If you have any questions, please contact our Customer Service Team at 888-828-8365. Sincerely, Customer Service Team Lockton Affinity, LLC Account#: 2832977 inspcanceltr ACOKOB CERTIFICATE OF LIABILITY INSURANCE Accta'. ze329n DATE(MM/DDIYYYY) 08/26/2024 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 RECEIVED LOCKTON COMPANIES, LLC 3657 Briarpark Dr., Suite 700 Houston, TX 77042 SEP 3 U 2024 NAMEACT PHONE 888-828-8365 FAX uc NO ADDRESS: ins eritCerts locktonafini tycom INSURERS AFFORDING COVERAGE NAIC8 RER A: Indemnity Insurance Company of North Amence 43575 INSURED GROUP 4ARCNTTECTURE RESEARCH + PLANNING USURER 8 211 LINDEN AVE INSURER C : INSURERD: SOUTH SAN FRANCISCO, CA 24=-3710 INSURER E : INSURER F: rnvFRenFS 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 LTR TYPE OF INSURANCE L SUBR POLICY NUMBER POLM;Y EFF WU Y EXP LMTS GIMMRCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ ENITED PREMISES Ea ocarrerlce $ MED EXP (Any one person) $ PERSONAL S ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER: POLICY JECGT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS -COMPATP AGO S S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED TOS HIREAUTOS D AUTOS ANON -OWNED COMBINEDSINGI LIMIT$ Ea a.do BODILY INJURY (Per person) S BODILY INJURY (Per accident) 6 PROPUTOS fear ER DAMAGE $ S UMBRELLA LAB HOCCUR EXCESS LIAR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DELI I I RETENTION$ I t WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNEWEXECUTNE A OFFICERIMEMSER FXCLUDED? ❑N/A (Mandatory In NH) K yyeess desenbe under DMRIPTION OF OPERATIONS baba, X C72359665 10/01/2024 10/01/2025 X - STATUTE ER E.L. EACH ACCIDENT $ 1,ODO,000 E.L. DISEASE - EA EMPLOY S 1•�•� E.L DISEASE - POLICY LIMIT S 1 000DOg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached If more space is requlnm Palm Spnngs Library Palm Spfta Library WAIVER OF SUBROGATION IN FAVOR OF City of Palm Springs WHEN REQUIRED BY WRITTEN CONTRACT. CANCELLATION 87894 - 570391 37 - 46 AUTOMIXED AADC 640 City of Palm Springs 3200 E. Tahquhz Canyon Way Palm Springs, CA 92262-6959 Irrnrpplilglrlllhihdillddirrrllirglrliphurqllrlyd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) The ACORD name and logo are registered Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number GROUP 4 ARCHITECTURE RESEARCH + PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO, CA 94080-3710 Policy Number Symbol: WLR Number. C72359665 Policy Period Effective Dale of Endorsement 10/01/2024 TO 10/01/2025 10/01/2024 Issue By(Name of Insurance Company Indemnity Insurance Company of North America Insertthe policy number. The remainder of the information Isto be competed only when this endorsement is issued subsequent tothe preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an_injury co_v_ered by this policy..We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (X) Specific Waiver Name of person or organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs Library WAIVER OF SUBROGATION IN FAVOR OF City of Palm Springs WHEN REQUIRED BY WRITTEN CONTRACT. ( ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Palm Springs Library 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. n If 4. Minimum Premium: INCLUDED ` 4 Authorized Agent WC 90 03 75 (05118) Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number GROUP 4 ARCHITECTURE RESEARCH + PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO. CA 94080-3710 Policy Number symbol: WLR Number. C72359665 Policy Period Effective Date of Endorsement 10/01/2024 TO 10/01/2026 10/01/2024 Issued By (Name of Insurance Company Indemnity Insurance Company of North America Insertthe policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the polic to which it is attached and is effective on the date issued unless otherwise stated. NOTICE TO OTHERS ENDORSEMENT -SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below {the _ "Schedule")_)Lu or your representative must provide us with both the physical and e-mail address of such_persons or y organizations, and we will utilize such a -mail add rd ess of physical address that you or your representative p((5vvided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organization(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular ,person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel'the Policy. -- - SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. Authorized Representative WC 99 03 71 (01/11) Page 1 of 1 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODmrr) 7112/2024 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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94549 RECEIVED Helen Jan NAME Helen PH 1892 a"c Not IMNE 626-896- r CertsDesi nPro AssuredPartners.wm INSURERS AFFORDING COVERAGE NAICI INSURER A: Travelers Pro Casual Coma of America 25674 Li na 6003745 INSURED GROUP4ARC Group 4 Architecture Research + Planning, OF THE CITY CLERK INSURERS: The Travelers Indemnity Company of Connecticut 25M INSURER C: Travelers Casualtyand SureCo 19038 211 Linden Avenue FF�CE INSURERD: South San Francisco CA 94080 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 738025264 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 TYPE OFINSURANLE DL POLICY NUMBER POLICYEFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 6803J225448 7/18/2024 7/182025 EACH OCCURRENCE $2,000,000 CLAIMSd1A0E a OCCUR DAMAGE PREMISESEacca Dma $1,000,000 MED EXP(My one Planar) $10,000 +C.*O*al Wb X IrcAded PERSONAL&ADVINJURY $2,000,000 GENL AGGREGATE LIMIT APPUES PER: GENERALAGGREGATE $4,000,000 POLICY PO - JET LOC PRODUCTS - COMP/OP AGO $4,000,0G0 $ OTHER: S AUTOMOBILE LIABILITY Y Y BA9R464848 7/18/2024 7/18/2025 COMBINED SINGLE LIMIT Ea ecddent $1000OD0 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par sctldend) $ PROPERTY DAMAGE Par acaidsm $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY s X NooNr.a Avto A X UMBRELLA LIAR X OCCUR Y Y CUP9G286032 7118=24 7/182025 EACH OCCURRENCE $4,000.000 AGGREGATE $4.000,000 EXCESS LIAR CLAIMS -MADE DELI I I RETENTION $ WORNERSCOMPENSATION LOYERWLIABILITY ANDEMPY ANYPROPRIETORIPARTNERIEXECUTNE PER OTH- STATUTE ER E.L. EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? ❑ N/A Mandatory in NH) E.L. DISEASE -EA EMPLOYEE S E.L. DISEASE -POLICY LIMIT $ 0 yas, deecdbe under DESCRIPTION OF OPERATIONS below C Pmfaeslona Liability 108007505 7/22/2024 7/22/2025 $2.000,D00 per Claim $2,000.000 Annl Ag Claims Made Form DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached IT more space is raguirad) Insured owns no Company vehicles; theirefore, hired/non-owned auto is the maximum coverage that applies. The Excess -Umbrella Liability is Follow Form to its underlying Policies: General Liability and Automobile Liability. Pro act #23601-01 Palm Springs Public Library, Renovation Design Services City of Palm Springs, its officials, employees, and agents are named as an Pro insured as respects general liability as required per written contract. General Liability Is Primary/Non-Contributory per policy form wording. Insurance Coverage includes waiver of subrogation per the attached endomement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice will be sent to holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kim Baker NTATIVE 3200 E. Tahquit2 Canyon Way Palm Springs CA 92262 :�w ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680 - 3,1225448 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury' or "property damage" included in the products -completed operations hazard, provided that such contractwas signed by you before, and is in effect when, the "bodily injury or "property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 CG T8 01 07 24 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". ISO Properties,Inc., 2004 DATE OF ISSUE: 06/03/2024 Page 1 of 1 POLICY NUMBER: 680 - 3,1225448 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6*d:147rf111=1 Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: CG D3 6103 05 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. CG Te 03 07 2, ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 06/03/2024 Page 1 of 1 Policy # MMJ225eas COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodity injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 3) . Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. CG T7 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #68o�5"4e occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related ads or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of_> pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS —INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury sustained by any one person, and will be the higher of: a. $10,000; or It. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY occurs; or CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Once, Inc. with its permission. COMMERCIAL AUTO POLICY NUMBER: BA9R484848 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.I. of Section II — Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 Policy # BA9R464848 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident' or "loss", provided that the CONDITIONS Section: "accident' or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. (4 ARCHITECTURE R E S E A R C H + PLANNING, INC ill LINDEN AVENUE SO. SAN FRANCISCO CA 94080 USA TL650-671•0761 07/12/2024 Assured Partners Design Professionals Ins. Svcs, LLC 3697 Mt. Diablo Blvd, #230 Lafayette, CA 94549 Re: Insurance Compliance — Scheduled Autos To Whom it May Concern: F:650.871.7911 Group 4 Architecture Research + Planning, Inc. owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies (as shown on the Certificate of Insurance). Should this information change by acquiring a company owned auto, we will inform you by sending a revised certificate of insurance. 1 I L L E Y R E S A E C H I T E C T AND REA GIFF OR A R C H I T E C T JONATHAN HARTMAN A R C H I T E C T DAWN E. MERKES A R C H I T E C T DAVID SCHNEE A R C H I T E C T CAROLYN CARLRERG A R C H I T E C T G A R Y C H I N G A R C H I T E C T HARDING DOWELL A R C H I T E C T DANIEL LAROSSA A E C H I T E C T W I L L I A M L I M A E C H I T E C T T E R E S A R O M A R C H I T E C T Sincerely, 4)0VV\.MVj-04 Dawn Merkes Architect, Principal Group 4 Architecture, Research + Planning, Inc G R O U P 4 17 January 2014 E 9 w0.0 H I T E CT U RE David H. Ready CLIENT CONTR#: R E S E A R C H • PALM SPRINGS PUBLIC LIBRARY PLANNING, INC City Of Palm Springs ADD SERVICE#: 002 3200 E. Taltquitz Canyon Way 211 LINDEN AVENUE Palm Springs,CA 92262 BILLING TYPE: Lump Sum SO. SAN FRANCISCO PROJECT NAME: PROJECT#: GROUP 4 PHASE#: CA 94080 USA Palm Springs Library Renovation 13422-01 1-0110 T:650•e]1.O]09 SCOPE SUMMARY: F:d 5 e•9]1 ]9 1 1 Revise the conceptual plans to show deduct alternates or value engineering narratives and/or w w 9 4 o r K h.c o m plans to reduce the project cost to approximately$8M, S I OM and $12M. Cummings to prepare cost plans for each of the three project cost scenarios. PROPOSAL ESTIMATE AVG. LUMP SUM COMPANY DATED HOURS RATE FEE MARKUP EXTENSION Group 4 40 110 $4,400 $4,400 Cummings 01.14.14 $2,500 $250 $2,750 DESIGN FEE SUB-TOTAL: S7,150 W A Y N E G E N R K E A R C H I T E C T REIMBURSABLE PROPOSAL D A w N E MERKES EXPENSES DATED A R C H I r e C 1 _ _. REIMB. ESTIMATE MARKUP R.E.MAXIMUM R E.included under Basic Services of Original Contract D A V I D 5Cn NEF A R c e 1 r E C r MAX.REIMBURSABLES SUB-TOTAL: $0 DAv113 M. STURGES A R c N 1 T E c r MAX.INCLUDING REIMB.EXPENSES:P Pi3i $1s150 1 1 I. E E r R F s ;id l�C 11 11 • C T1 Schnee Date A N G R E 1 llF C i G 1 i F R D C N Principal in Charge ^ J..{V •.AdSLEIS C 11 I Hq RTMAN IO A c 11 � T t c r David H. Ready D PA UL JAM T GAA RD City Manager A R C 11 1 1 i L t w R I T` r APPROVED BY CITY MANAGER A"46 aI/La/sor+ G:\33422-01 Palm Springs Library\Y-Contract\CLIENT\Additlonal Services dd Sery Re 002 Arl1QY� � a N-r� �7 t 5o w a RETURNTO: CITY OF CLERK CITY G�PALM SPRINGS (\ " _ GDX 2743 4 Prd-M SPHIN,36,GA 92263 G R O U ► 4 18 November 2013 L R R e A R C H I T E C T U R E David H.Ready CLIENT CONTR#: R E s E A R C N • PALM SPRINGS PUBLIC LIBRARY PLANNING, INC City of Palm Springs ADD SERVICE#: 001 3200 E.Tahquitz Canyon Way 211 LINDEN AVENUE Palm Springs,CA 92262 BILLING TYPE: Lump Sum SO. SAN FRANCISCO PROJECT NAME: PROJECT#: GROUP 4 PHASE#: CA 9 A o a D USA Palm Springs Library Renovation 13422-01 I-0110 T:650-871•0709 SCOPE SUMMARY: F_A e D•e 9 1 •R 91 1 Task 1: Seismic evaluation of existing building per ASCE 31-03 Tier 1 (LS)and HAZUS methodology including a brief report. Task 2:Conceptual design phase with analysis and determination of extent of voluntary seismic upgrade for proposed renovation including narrative,drawings and review of cost estimate. Scope as described in the attached proposal from TTG dated 10/31/2013. PROPOSAL ESTIMATE AVG. LUMPSUM COMPANY DATED HOURS RATE FEE MARKUP EXTENSION TTG-Task 1 10.31.13 $7,800 $780 $8,580 TTG -Task 2 10,31.13 $8,160 $816 $8,976 DESIGN FEE SUB-TOTAL:NNINIM W AY NE G E H R K E A R C H : E i I REIMBURSABLE PROPOSAL DAw„ E. MERKEs EXPENSES DATED A a < H I T L < r REIMB.ESTIMATE MARKUP R.E.MAXIMUM R-E. included under Basic Services of Original Contract--------------------- ------------------- GAVIn sCH » EE A . ` '1 ' ' I MAX.REIMBURSABLES SUB-TOTAL: DAVID M. STURGES A . < " I ` r ` T MAX.INCLUDING REIMB.EXPENSES: J 1 L L E Y R E 5 A R ' E ' David SchneeDate I APPROVED BY CITY MANAGER A N D R E A ""O"D Principal in Charge /� n x C + : I C T . ly� 6 1 JONATNAN NARTMANIN � r � 11566 ' Abl A . ` fl : E '' I David H. Ready D 1 PAYL ,AMTGAA•D City Manager e P C H I I f Q 1 W IL LI AM LIM A i 11C I G:\13422-01 Palm Springs Library\Y-Contract\CLIENT\Additional Services\Add Sery Req 001 MEN mom T TG ■■■ STRUCTURAL, MEP & CIVIL ENGINEERING, CONSTRUCTION SERVICES & STRATEGIC CONSULTING Arizona California Colorado Texas Washington October 30, 2013 Revised October 31, 2013 Andrea Gifford Group 4 Architecture, Research + Planning, Inc. 211 Linden Avenue South San Francisco, CA 94080 Project: Palm Springs Library—Evaluation of Existing Library and Renovation Palm Springs, CA Subject: Structural Engineering Services Fee Proposal TTG Proposal No. P113821.00 Dear Andrea: We are pleased to submit our Structural Engineering services fee proposal for the subject project. The existing library building is approximately a 45,000 square feet one story concrete building that was constructed in 1973 with subsequent TI renovation projects carried out in 1983 and 1995. TTG has briefly reviewed the existing drawings, photos and the proposed renovation. Currently the proposed renovation calls for removal of existing concrete and CIVIL shear walls. We understand that the City of Palm Springs would like the design team to complete the proposed renovation design by the second week of December 2013. We understand that the proposal will consists of two phases — Under Phase 1, Task Number 1 involves the seismic evaluation of the existing library building;Task Number 2 will be the Conceptual Design which includes design narrative and drawings. For the Phase 2, the scope of work will be the required seismic retrofit that needs to be carried out in order to accommodate the proposed renovation for the existing library building. Task Number 1 —Seismic Evaluation of Existing Building 1. Review existing drawings as well as the TI drawings 2. Perform ASCE 31-03 Tier 1 Evaluation of the existing building for Life Safety(LS) performance criteria to identify the deficiencies 3. Run HAZUS scenario studies in order to identify significant deficiencies and to identify the most critical deficiencies that need to be mitigated in order to achieve life safety performance criteria after a major seismic event. 1280 Civic Drive,Suite 204 Walnut Creek, CA 94596 (925)949-2600 Fax:(925 949-2601 www.ttgcorp.com Andrea Gifford/Group 4 Architecture Palm Springs Library NNN Evaluation of Existing Library 8 Renovation ■■■ TTG TTG Proposal No.: P113821,00 ■■■ October 31,2013 Revised October 31,2013 Page 2 Note - HAZUS is a very powerful tool (originally developed by FEMA and currently used by OSHPD to evaluate existing hospital buildings for life safety performance level—it is part of 2010 CBC)to find out the probability of collapse. This is a state-of-the-art methodology available to the building owners in evaluating and quantifying a building's susceptibility to collapse during a major earthquake. Significant structural deficiencies are first identified and then scenario studies are performed to identify the most critical deficiencies. Scenario studies can also help in identifying which deficiencies must be removed (mitigated) in order to reduce the probability of collapse below a certain desirable threshold—only the critical deficiencies need to be mitigated—this saves time and expense for the owner. 4. Prepare a brief report based on HAZUS evaluation and with TTG recommendations Task Number 2—Conceptual Design Phase 1. Perform one site visit to evaluate existing structure and to identify any visible structural deficiencies 2. Review Group 4's proposed renovation drawings 3. Coordinate with Group 4 and other disciplines regarding the proposed renovation 4. Establish all lateral load criteria including gravity and seismic loads 5. Perform analysis of the existing building lateral system before the alteration and after the alteration to check whether the Demand-To-Capacity ratio (DCR) with the alteration considered is no more than 10% greater than its DCR with the alteration ignored. A 3d model using ETABS program will be used to do the above analysis. 6. Determine the extent of voluntary seismic upgrade required for the elements of the lateral load resisting system. Identify approximate size and location of seismic strengthening required, as necessary, for the lateral force resisting system components. 7. Prepare a structural narrative describing the extent of upgrade work required 8. Prepare conceptual structural drawings showing the proposed retrofit indicating the approximate sizes and location of the seismic strengthening required —this will be sufficient to obtain a cost estimate (by others). 9. Review cost estimate prepared by others The extent of seismic retrofit work required to accommodate proposed renovation depends on the results of the seismic evaluation and the critical deficiencies that need to be mitigated. For the purpose of this proposal, it is assumed that the seismic upgrade will be limited to voluntary seismic upgrade to comply with the CBC 2010 Chapter 34 code requirements.This will have to be reviewed later, after the completion of the evaluation of the existing building (see Section I above) —if the existing deficiencies, together with Andrea Gifford!Group 4 Architecture Palm Springs Library MEN Evaluation of Existing Library&Renovation ■■■ TTG TTG Proposal No.:P113821.00 ONE October 31,2013 Revised October 31,2013 Page 3 the proposed changes to the lateral system, results in triggering a mandatory seismic upgrade per 2010 CBC, a separate proposal will submitted later to cover the cost of the mandatory seismic upgrade. Our services for the voluntary seismic retrofit will include the following: A. Design Development(DD)and Construction Document(CD) Phase 1. Finalize all lateral load criteria including gravity and seismic loads 2. Finalize the extent of voluntary seismic upgrade required for the elements of the lateral load resisting system. Identify size and location of seismic strengthening required for the lateral force resisting system components 3. Review critical components of existing lateral force resisting system to evaluate their demand to capacity ratio to check the Chapter 34 requirements of 2010 CBC 4. Prepare structural calculations 5. Attend two design review meetings at the architect's office 6. Co-ordinate regarding any constructability issues 7. Develop project specification in CSI format 8. Establish testing and inspection requirements 9. Develop framing plans in AutoCAD for the proposed retrofit showing member sizes and locations 10. Respond to City of Palm Springs plan check comments so as to get their approval for the construction documents B. Bid Phase: 1. Respond to bid inquiries directly to the Architect. Provide all necessary documents, drawings and/or project manual changes in hard copy and/or disc formats to the Architect. 2. Provide information required for Addenda to the Architect. 3. Assist with post-bid review and analysis of structural components and/or Contractor's Schedule of Values as required. C. Construction Administration Phase: 1. Provide a maximum of two (2) field observation trips, plus one final job-site observation visit. Site visits required as a result of errors or omissions from the Andrea Gifford/Group 4 Architecture Palm Springs Library NEN Evaluation of Existing Library&Renovation ■■■ T TG TTG Proposal No.:P713821.00 M October 31,2013 Revised October 31,2013 Page 4 Consultant's documents shall not constitute one of the aforementioned observation trips. 2. Provide clarifications, respond to Requests for Information and make revisions to construction documents as required. 3. Review Contractor's shop drawings and submittals as required 4. Prepare final structural punch list. A. Agency involved for approval will be the City of Palm Springs Building Department. B. No seismic upgrade for the existing building has been implemented—only Tenant Improvement (TI) work was carried out in 1983 and 1995. C. Geotechnical report for the existing building will be provided by the owner D. If the project scope, size, complexity and/or construction cost increases, then the engineering services fees of this proposal may be increased accordingly. There may be additional services if the project stops for more than two months. E. Cost Estimate: Preparation of the construction cost estimate shall be by the Owner's Cost- estimating Consultant. F. Multiple bid packages are considered additional services. G. Drawings of the existing architectural and structural framing plans, in AutoCAD, which accurately represent the existing conditions, will be provided to TTG. Preparing as-builts of the existing conditions from copies and/or scans of existing drawings will be considered additional services. H. AutoCAD 2010/2011 files requiring only freezing of layers to be suitable for use as backgrounds for building and site will be provided to TTG. Extensive modification of backgrounds will be considered additional services. TTG formatting standards for drawings and AIA formatting standards for specifications will be used. Drawings will be prepared using AutoCAD compatible programs with our standard layering. Specifications will be prepared in Microsoft Word. I. Documents prepared by the Engineer will be prepared based upon reasonable assumptions derived from existing information provided by the Owner and from observations of the existing conditions by the Engineer without the benefit of extensive field measurements and investigation prohibited by expense and inconvenience to the Owner. It is understood and agreed that unforeseen conditions uncovered during the progress of the project may require changes in the project, resulting in additional cost and delay. J. Design of any structure beyond 5'-0"of the project site perimeter, is not included. K. More than two reviews of a submittal will be an additional service. ■■■ Andrea Gifford/Group 4 Architecture Palm Springs Library ■ Evaluation of Existing Library&Renovation mom TTG TTG Proposal No.:P113821.0 October 31,2013 Revised October 31,2013 Page 5 D We propose to offer the above listed Structural engineering services, using AutoCAD 2010, for a f fixed lump sum fee as noted below. Should there be a change in the scope, the fees would be adjusted to reflect the same Phase 1 Task Description Fee Number 1 Seismic Evaluation of Existing Building per $7,800.00 ASCE 31-03 Tier 1 (LS) and HAZUS methodologyand Brief Report 2 Conceptual Phase—Analysis, Determination $8,160.00 of Extent of Voluntary Seismic Upgrade for Proposed Renovation, Narrative and Drawings and Review of Cost Estimate Total Cost—Phase 1 $15,960.00 Phase 2 Description Fee Design Development/Construction Document Phase $11,180.00 Bid $700.00 Construction Administration $5,040.00 Total Fee $16,920.00 ➢ The above fee will be invoiced on a monthly basis per the rates in the attached 2013 Schedule of Charges for Engineering Services. ➢ Additional services will be negotiated based on the attached 2013 Schedule of Charges for Engineering Services. ➢ The attached Standard Terms &Conditions are a part of this Agreement. ➢ This fee proposal is valid for a period of 90 days from the date of this proposal. This fee proposal will be adjusted if the project scope of work changes. ➢ We will adhere to Group 4 and the Owner's project schedule for completion of our scope of work. ..■ Andrea Gifford/Group 4 Architecture Palm Springs Library NNEEvaluation of Existing Library Renovation NNE TTGTTG Proposal No.::P713821.00 October 31,2013 Revised October 31,2013 Page 6 We are committed to providing quality engineering services to your firm incorporating ample flexibility to conform to your design philosophy. Please contact us if you have any questions or could help you to clarify any of these proposal items. Thank you considering our firm to provide these services. Offered by: Accepted by: TTG Engineers 10/31/13 Badri K. Prasad, PE, SE Date Date Vice President, Branch Manager Structural Andrea Gifford/Group 4 Architecture Palm Springs Library ■■. Evaluation of Existing Library S Renovation ONE TTGTTG Proposal No.: P113821.00 M■N October 31,2013 Revised October 31,2013 Page 7 2013 SCHEDULE OF CHARGES FOR ENGINEERING SERVICES The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon 30 days advance notice. PERSONNEL HOURLY RATES Principal..............................................................$212 Designer ................................... $128 Project Manager.................................................$185 CADD Operator ......................... $ 92 Project/Senior Engineer.....................................$170 Construction Administrator ........... $145 Engineer.............................................................$145 Word Processor/Clerical .............. $ 72 These rates apply to regular time and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest of the project, will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to time in excess of forty hours per week and all time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made for field personnel. Reimbursable expenses are in addition to personnel rates. Reimbursables will be billed at cost except as noted below. MISCELLANEOUS CHARGES Passenger Car........................................ $0.55/mile with minimum of ...................................$35/day Plotting(except for In-house use)........................ $3.50/sheet Photo Copy.......................................$0.15/page ANNUAL ADJUSTMENT These rates will be adjusted annually effective the beginning of each year. INSURANCE TTG Engineers maintains Professional Liability Insurance with a limit of $5,000,000 per occurrence and $6,000,000 aggregate as well as General Liability Insurance with an aggregate limit of$2,000,000 and will furnish certificates of such insurance upon request. In the event the client desires additional coverage,we will, upon the client's written request, obtain additional insurance at the client's expense. PROFESSIONAL SERVICES AGREEMENT GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on June 1, 2013, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., a California Corporation ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City has determined that there is a need for initial needs assessment, building programming, conceptual design, and construction and project cost planning services for Palm Springs Public Library renovation project ("Project"). B. Consultant has submitted to City a proposal to provide initial needs assessment, building programming, conceptual design, and construction and project cost planning services to City for the Project under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, and reputation, to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated by reference. As a material inducement to the City entering into this Agreement, Consultant represents that Consultant is a provider of professional services and that Consultant is experienced in performing the Work and Services contemplated and, in light of such status and experience, Consultant covenants that it shall follow the currently prevailing professional standards in performing the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "currently prevailing professional standards" shall mean those standards of practice observed/among well-qualified and experienced professionals performing similar work under similar circumstances at the same time and general location. ORIGINAL BID AMUCIR AGREEWIFAT 1 Revised: 6/16/10 931158.1 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 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: (I") the terms of this Agreement, (2"d) the provisions of the Scope of Services (Exhibit "A"); (3`d) the provisions of the City's Request for Proposal (Exhibit "B"); (4`h) the provisions of the Consultant's Proposal (Exhibit "C 1.3 Compliance with Law. All Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents 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 to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant represents that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. 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 provided by the Consultant to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 2 Revised: 6/16/10 932158.1 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "D" and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Thousand Dollars, ($100,000.00) ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "D". Compensation for expenses not included in Basic Services as defined and listed in Exhibit "A" must be approved in advance by the Contract Officer designated under Section 4.2. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. The maximum amount of City's payment obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Consultant's Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount. Notwithstanding the foregoing, Consultant shall not be required to attend additional meetings beyond those set forth in Exhibit "A". If additional meetings are necessary for completion of the Work, additional meetings can either: a) be held in Palm Springs as an Additional Service at the per meeting rate provided for in Exhibit "D'; or b) be held as a "GoTo" meeting from remote site(s) at no additional charge. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be 3 Revised: 6/16/10 932158.1 submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the percent of the Work completed. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Chances in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated by reference. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the reasonable control and without the fault or negligence of the Consultant (financial inability excepted) if Consultant, within ten (10) days of the commencement of such delay, notifies the Contract Officer in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and 4 Revised: 6/16/10 932158.1 conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement under this section. 3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the effective date of this Agreement and continue in full force and effect until completion of the Services. However, the term shall not exceed three (3) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. Any extension must be through mutual written agreement of the Parties. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Consultant thirty (30) days written notice. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. Consultant may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the City, except that where termination is due to material default by the City, the period of notice may be such shorter time as the Consultant may determine. if the City terminates this Agreement without cause and not due to the fault of Consultant, City's use of any incomplete work product shall be at the City's risk and City shall indemnify Consultant for any and all claims that may arise from the City's use of the incomplete work product. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act on its behalf and make all decisions with respect to the Services to be performed under this Agreement: David Schnee, Principal and Andrea Gifford, Associate. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5 Revised: 6/16/10 932158.1 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Other than the subconsultants listed in Exhibit A, Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Indeaendent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. 6 Revised: 6116/10 932158.1 C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subcontractors, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager reasonably determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per claim and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder, if reasonably available to Consultant at that time. In the event of termination of the 7 Revised: 6/16/10 932158.1 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 or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all g Revised: 6/16/10 932158.1 deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: 5.3.1 General and Automobile Liability: For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. 5.3.6 Consultant agrees to ensure that subcontractors, and any other parties involved with the Project who are brought onto or involved in the Project 9 Revised: 6/16/10 932158.1 by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the tern 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, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 10 Revised: 6/16110 932158.1 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including general and automobile liability 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: I. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). 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 agentibroker 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. Consultant shall not receive any compensation under this Agreement for work performed during any period in which Consultant does not maintain the insurance required by this Section 5. 11 Revised: 6/16/10 932158.1 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. The provisions of this Section 6.1 shall apply only to the extent set forth in Section 6.2 below. 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 (excluding City hired contractors, construction managers, or other consultants), 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. The City shall indemnify and hold harmless, but shall have no obligation to defend, Consultant, its officers, directors, sub- consultants and employees from and against liabilities, damages, losses, and costs, caused by the sole negligence of the City or anyone for whom City is legally responsible. 6.2 Design Professional Services Indemnification and Reimbursement. This Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8: A. To the extent permitted by law, Consultant shall indemnify, but shall have no obligation to defend (at Consultant's sole cost and expense), City and its elected officials, officers, employees, agents (excluding City hired contractors, construction managers, or other consultants) and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against liability for damages, to the extent actually caused by the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or 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 damages shall be reduced to the extent such damages arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers, or by any third party. 12 Revised: 6/16/10 932158.1 B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 6.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, excluding errors and omission, as well as any other insurance that may be required by Contract Officer. C. The City shall indemnify and hold harmless, but shall have no obligation to defend, Consultant, its officers, directors, employees, and design-professional subcontractors from and against liabilities, damages, losses, and costs, caused by the negligence or willful misconduct of the City, its elected officials, officers, and employees. 7. REPORTS AND RECORDS 7.1 Accountine Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer of the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer of the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such 13 Revised: 6/16/10 932158.1 documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied in this Agreement. Consultant shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, believes 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 14 Revised: 6/16/10 932158.1 as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. if termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. Consultant shall be liable for any and all damages incurred by the City. Once the City has considered that it has been damaged and the Consultant has been given the opportunity to cure the default, the City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 15 Revised: 6/16/10 932158.1 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. No officer or employee of the Consultant shall be personally liable to the City, or any successor- in-interest, in the event of any default or breach by the Consultant or for any amount which may become due to the City or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, ancestry, or national origin. Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination 16 Revised: 6/16/10 932158.1 with other material not provided by Consultant when such use infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or(iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager& City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Group 4 Architecture, Research +Planning, Inc. 211 Linden Ave. South San Francisco, CA 94080 Attention: David Schnee, Principal Telephone: 650-871-0709 Facsimile: 650-871-7911 10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 17 Revised: 6/16/10 932158.1 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 18 Revised: 6/16/10 932158.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. Not To Exceed $f " "CITY" Without The Express Written City of Palm Springs Authorization Of The City Manager. Date: cq David H. Ready City Manager "BOARD" City of P m S rin s, Library Board of Trustees Date: �/ I 3 By: a David Gray�� a as a�! mroo.l M President, Library ooar o'�"lfu9tdCs--- APPROVED AS TO FORM: ATTEST By: B� Dou as C. Holland, mes Thompson, City Attorney City Clerk APPROVED BY CITY COUNCIL: APPROVED BY CITY COUNCIL lr-�^ o a AA�6 Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. CONSULTANT NAME::jl� GF(/v l AitcH l ITV W t Check one_Individual_Partnership X Corporation R*54FArl0K t Pk-e eV fV 6 VVd. A2fs� LIMP ►A01 SSFCd1 �ifio West Iy S C(-f , +- t1P11/F�r 7 M eiarwr, S/(gip � / 7 L B By / `�l�C/Vtli(/� Signature(1 arized) Signature(Notarized) 19 Revised: 6/16/10 932158.1 CALIFORNIA ALL-INIMPOSE ACKNOWLEDGMENT state of California ) r� County of C., 013 before me a.r rrrn�..n"�na Personally appeared j ,Cej SO(C� O 7ClZQ N���L 7, who proved to me on the basis of satisfactory evidence to be he person(s) whose name(s) Wars,subscribed m the within Instrument and ackrowledged to no that helshaAhey executed the same an ttielherlheir auMarized MARTA R.JIMENEZ capataty(ies), and flag by h ishwr/their signtaliris(s)on to : Commission 11957552 hastrumerit the person(s), or the entity upon behalf of Notary public-California Which the persons)aced,BxBrsriad the twtrllrneriL z z �- San Mateo County f Cgnm.Es Tres Now 19,2015 I cer" under PENALTY OF PERJURY under the levee of he State of Caitbmia that the foregoing paragraph Is true and correct. WITNESS my hand and �YceC ova aereysrl war. Signature �c /30�d OPTIONAL Thong,me Hhrmaffhn babry rs aor rewaea by la%a meyvrow,aerebb ro a rsonr r.Jre+v orf 0*door enemrslapresars kaudubrr!rerrnrer.rrd realYdawnf o(M Arm A snidwabiturror t Dsealptlon of Anwhsd DoCumeM Title or Type of Docmedi: Document Data: Number of Fages: Slgner(s)Other Than Named Above: C"Wlty#*CWWAd.lby,sfyra*s) Sim Name: Signets Na CJ Indivbual ❑t 1 ❑ Corporate Officer—TIlWal: ❑ Officer—TiW#): ❑ Partner—❑Umhod 0GenerM rtner—❑Limited ❑General ❑ Attorney in Fact Yopu�mirrrore�e ❑AltorneyinFact nraaavronaa ❑ Trustee ❑Trustee ❑ Guardian or Corranutaor ❑Guardian or Cateervator ❑ Other. ❑OOrar: Signer is Rsprasenting: Signior is Representing. emrnr+.i+erw�wwu,•adeo or eear.,ro,r.aroa.oi.i.p,r,a nslemwe....snbr+orrw r minor awa:dtwrerrenwreem 20 Revised: 6/16/10 932158.1 EXHIBIT "A" SCOPE OF SERVICES SCOPE OF BASIC SERVICES: This scope of services is for the initial project phase which will include needs assessment,building programming, conceptual design, and construction and project cost planning services. This includes the services of mechanical and electrical engineers, a cost consultant, and a library programming consultant.No other engineers or specialty consultants are included. Our services are intended to be part of the Library's application for Measure J funds. Meeting and community participation during this part of our services include the following: Project Management Team(PMT)Meetings: We expect to work closely with a PMT composed of the Director of Library Services and other Library and/or City staff as deemed appropriate,along with members of Group 4's project team. From time to time, our consultants may participate in PMT meetings. In particular, it is anticipated that our library programming consultant, Linda Demmers, will attend most meetings during the Needs Assessment and Building Program Phase. Eight PMT meetings are included. Some of the PMT meetings, as indicated below, will be teleconferences. Site Visits: We have included four one-day and one two-day visits to Palm Springs. We will include as many meetings during our visits as can reasonably accommodated in the time frame. For each one-day site visit,we anticipate scheduling meetings between 10 am and 6 pm due to travel, but can be available earlier or later if necessary. As part of our site visits, we will be available for up to two presentations to the Library Board as can reasonably be scheduled. Three members of our team will attend the first PMT meeting. Thereafter, we will include one, two,or three members of the Group 4 team as appropriate for the project. In some cases, it may be appropriate for one Group 4 team member to attend in-person and a second or third team member to participate by teleconference. Optional meetings and site visits: Our Basic Services do not include presentations to the City Council or the Measure J Committee. However, we have shown these as Optional Additional Services. Our Basic Services for this part of the project will include the following: 1. Needs Assessment and Building Program Phase Services: During this phase we will identify library needs and prepare a building program to guide the development of the design. We will prepare an initial cost model in order to give the library a sense of the order of magnitude of the project costs. I.I. Review City-provided information including plans and prior studies. L2. Prepare project schedule. 1.3. Prepare project directory. 1.4. Site Visit 1 (one-day visit): PMT Meeting 1; Library site visit and observation; Presentation to Library Board. 1.5. Review information gathered about the Library, including use data,California State Library annual reports and other strategic planning documents as available, operational information, community demographics,and other strategic planning documents as available. 1.6. PMT Meeting 2 (Teleconference): Review existing plans; Review information received; Plan community participation process including but not limited to, working with key stakeholder groups, hosting community meetings, conducting an on-line survey; Specific plarming for next site visit and meeting with the Library and community. 932158.1 1.7. Set up base floor plan drawing. 1.8. Site Visit 2 (two-day visit): PMT Meeting 3; Review new trends in service delivery; Meet with Library staff and community on library needs; Meet with City staff to confine deferred maintenance needs and any associated work scope to be included in project. 1.9. Prepare online survey for Library distribution. 1.10. Conduct telephone interviews and teleconference meetings with Library staff and community representatives. 1.11. Develop draft space needs analysis using current use data, future plans, and benchmarking. 1.12. Review survey results tabulated by the Library. 1.13. Prepare draft building program. 1.14. PMT Meeting 4 (teleconference): Review draft needs assessment and building program. 1.15. Revise needs assessment and building program. 1.16. Design opportunities diagrams. 1.17. Develop initial construction cost model. 1.18. Develop initial project cost model. 1.19. Site Visit 3 (one-day visit): PMT Meeting 5;Needs assessment; Building program; Design opportunities; Initial project cost model;Meetings with Library staff and community representatives; Possible presentation to Library Board. 1.20. Prepare final needs assessment and building program for City approval. 1.21. Update project schedule. 2. Design Alternatives Phase: Group 4 will develop up to three alternatives illustrating the location of the principal functions within the library. We will update the project budgets to reflect the development of the design and will highlight significant cost differences between design alternatives. 2.1. Conduct building code analysis. 2.2. Observe existing MEP systems to verify existing conditions. 2.3. Prepare up to three alternative space plans based on approved building program. 2.4. Prepare preliminary furniture plan and budget. 2.5. PMT Meeting 6 (Teleconference): Review floor plan concepts and select preferred alternative. 2.6. Analyze alternatives for new mechanical and electrical systems and identify opportunities to reduce number of mechanical rooms. 2.7. Develop selected floor plan. 2.8. Preliminary recommendations for mechanical and electrical systems. 2.9. Update project budget. 2.10. Site Visit 4(one-day visit): PMT Meeting 7; Review Conceptual Design with Building Official. 3. Conceptual Design Recommendations: During this phase we will develop the selected floor plan alternative including an interior perspective rendering showing the character of the Library. We will update the project budget and schedule and present the design to the Library Board. 3.1. Modify plans based on direction from the City. 3.2. Update preliminary furniture plans and budget. 3.3. Prepare Conceptual Design level engineering services: • Estimate of anticipated HVAC equipment sizes for the building • Estimate of anticipated Electrical Room size and power requirements • Estimate of anticipated plumbing line size requirements • Explore availability& feasibility of alternate approaches to MEP systems for the project. • Engineering narrative including identification of sustainable design strategies • Conceptual engineering plans to be one line plans 9321 SR.1 3.4. Prepare conceptual design cost estimate including cost/sf budgets for HVAC, electrical, lighting, telecom, technology (av, security), signage,FFE 3.5. Update project budget. 3.6. Prepare conceptual design project schedule showing project phases through completion of construction. 3.7. Prepare final Conceptual Design documents including site plan, floor plan, furniture plan, and rendering showing character of library interior; Construction cost estimate; Recommended project budget; Recommended project schedule. 3.8. Site Visit 5 (one-day visit); PMT Meeting 8; Review final Conceptual Design; Presentation to Library Board. Basic Services includes only the engineering design services described above. Other services that may be suggested by Consultant/may be requested by the City as Additional Services. 932159A ADDITIONAL SERVICES: The Consultant is a full-service architectural firm and as such can offer additional services to supplement the Project,at the City's request. Such services include,but are not necessarily limited to: • Other services not specifically identified under Basic Services. • Additional meetings or presentations. • Preparation of communication, marketing and fundraising materials including flyers, kiosks, animations, artist renderings,physical presentation models,videos,web design and content. CEQA or other project entitlement services as may be required to obtain planning approval • Schematic Design,Design Development, Construction Document phase services • Bid and Award,Construction Administration,and Post Construction Services. • Landscape design,and or landscape architecture • Civil engineering. • Site topographical survey. • Measured or survey as-built documentation of the existing site or building. • Hidden condition or subsurface investigations of existing building or site. • Non destructive or destructive testing of existing construction or materials • Materials testing or destructive investigations of existing building or site. • Testing and/or evaluation of any off-site utilities. • Existing roofing,flashing,roof drainage assessment and roof repair design and specification. • Hazardous material assessments or documentation of any removal or abatements if required. • Evaluation of and documentation of existing furniture or shelving for possible refurbishment and/or reuse. • Formal accessibility assessment (Americans with Disabilities Act/ADA) of existing site or building features. • Coordination with utility service providers. Services related to changes in utility service(including but not limited to: water, fire service, sewer service, electrical, telephone, data, internet cable or security) such as application preparation,meetings with utility providers,coordination and fees. • Advanced audio visual systems design and specifications for equipment, advanced control systems (AMX or Crestron),or other advanced Video Teleconferencing(VTC). • Public address and built in assisted listening,audio amplification systems or other av equipment. • Selection and specification of Automated Materials Handling equipment. • Electronic Security Systems including access control, intrusion detection and CCTV security system design and specification. • Telecommunications/Data programming. 932158.1 • Acoustical analyses and advising services beyond those described above— interior room isolation, HVAC noise vibration control. • Preparation of a Storm Water Pollution Prevention Plan(SWPPP). Services related to public art • Building and Library signage design including additional freestanding or building mounted monument/marquee signs, stack end signs, general interior wayfinding signs, miscellaneous non-code required signs,donor recognition signs. • Services related to applications for variances or modifications to CEQA clearances already obtained. When approved by the City, services not specifically included in Basic Services,unless otherwise negotiated will be performed and the City shall compensate Group 4 Architecture, Research+ Planning at our standard hourly rates. 932158.1 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS From: Barbara Roberts Sent: Friday,March 09,2012 7:54 AM To: Barbara Roberts Cc: Craig Gladders Subject: Palm Springs Public Library space and renovation project Thank you for expressing interest in the library renovation project at the Palm Springs Public Library in Palm Springs,CA. As I mentioned on the phone, this project will be led by a City architect of record from a local Coachella Valley architectural firm chosen by the Palm Springs City Council. The local architectural firm selected by the City Council will be selecting and contracting with a library design consultant to provide the assessment and program specifics for a reconfiguration of all interior spaces of the Library to increase functionality,provide appropriate spaces for current services and technology,and raise efficiency of the building spaces and energy footprint. The City is currently in the process of selecting the architect of record.During this period,the Library Board of Trustees will be reviewing library design consultants and architects in order to provide a short list of 3 firms for consideration to the architect of record that is ultimately chosen.The library architecdconsultant selected by the architect of record from the short list would then enter into contractual negotiations directly with the local firm.The local area firm would also produce all architectural and construction drawings and manage the actual construction project. The scope of work for this project will entail: 1 . Architectural design that reallocates space within the current 32,500 sq. ft. footprint to create: --large,dividable meeting room that seats at least 100- 150 with storage and kitchenette and projection capability --comfortable seating areas throughout the building --space for ADA compliant materials return and automated materials handling system,book trucks and bin storage --single point of service for reference,customer service, information,library card registration,cashier etc. --new materials display area with comfortable seating --adult public computer area with at least 45-50 computers --teen zone with 8-10 computers --youth zone with 8-10 computers --staff lounge -400%self-check-out area --computer training area with flexibility in order to be used for other purposes --Friends of the Library gift shop --Administration offices, acquisitions and tech services area --double entry --computer network room and office —relocation or elimination of the existing koi pond --book store shelving throughout --flexible shelving plan that supports shelving on casters to be moved easily into different configurations. --quiet area/room --in-collection OPAC catalogs throughout building --downloadable music,ebook, and audio book stations --periodical/magazine area with appropriate seating --public and staff restrooms 2. Architectural design of new heating,cooling,plumbing,electrical,lighting, cabling,and safety systems. --design new HVAC systems and ducting,electrical,cabling 932158.1 r and lighting plans to support space re-design --reduce number of mechanical rooms in order to be able to re-assign those spaces --incorporate as many sustainable systems as possible This project does NOT include interior design services for equipment, furnishings,surfaces,painting,carpeting etc. Information available to the firm selected as the library design specialist would include: interviews with staff and Library Board, architectural drawings of the current building,2005 architectural space feasibility study, Library's strategic plan,and availability of City planning personnel To be considered for the short list of firms to be interviewed by the Library Board of Trustees and Library Director,please submit to me by March 30,2012 at 5 PM the following: Letter of interest that includes your firm's library design expertise statement List of library space planning and renovation projects completed within the last 5 years with photos Names and qualifications of the team members who would be assigned to this project Once all packets are received,firms selected for an interview with the Library Board of Trustees and Library Director will be contacted at the latest by April 30,2012. I am pleased you are interested and look forward to seeing your presentation packet.You may mail it to me at the address below. Please feel free to call with any questions. Barbara L. Roberts Director of Lihrany Sen4ces PALM SPRINGS PUBLIC LIBRAR l' 300 S.Sunrise Way Patin Springs, CA 92262 760.322.8375 760.32 7.5 744(fix) B arbara.RobertsCpalmspringsc a.gov Palm Springs Public Library... part of your life! 932159.1 EXHIBIT "C" CONSULTANT'S PROPOSAL 14 February 2013 Jeannie.Kays Director of Library Services PALM SPRINGS PUBLIC LIBRARY 300 South Sunrise Way Palm Springs,California 92262 Re: Architectural Services for the Palm Springs Library Dear Ms. Kays: Thank you for selecting Group 4 Architecture, Research+Planning, Inc. for the design of the renovation of the Palm Springs Library. This letter outlines our proposal for preparing a needs assessment, a building program, and conceptual design documents as the first phase of the overall project,which is intended to continue on to final design and construction. THE PROJECT: The project is a major renovation of the current Palm Springs Library located at 300 South Sunrise Way. Based on our conversations with the City, we understand the following about the project: • The renovation will include changes to the location of interior functions. The interior will be demolished down to the studs of structural walls and an all-new interior is to be designed. • The mechanical system is anticipated to be replaced with a new system. • A structural upgrading of the building is not anticipated at this juncture. • Significant changes to the building's exterior and the site are not anticipated. • A determination to pursue LEED certification or other green building rating has not been made at this time. • Funding for the project is anticipated to be from Palm Springs Measure J funds. SCOPE OF BASIC SERVICES AND COMPENSATION: This proposal is for the initial project phase which will include needs assessment, building programming, conceptual design, and construction and project cost planning services. Our proposed Scope of Services includes the services of mechanical and electrical engineers, a cost consultant, and a library programming consultant. No other engineers or specialty consultants are included. Our services are intended to be part of the Library's application for Measure J funds. Meeting and community participation during this part of our services include the following: Proiect Management Team (PMT)Meetings: We expect to work closely with a PMT composed of the Director of Library Services and other Library and/or City staff as deemed appropriate, along with members of Group 4's project team. From time to time, our consultants may participate in PMT meetings. In particular, it is anticipated that our library programming consultant, Linda Demmers, will attend most meetings during the Needs Assessment and Building Program Phase. Eight PMT meetings are included. Some of the PMT meetings, as indicated below,will be teleconferences. 932158.1 Site Visits: We have included four one-day and one two-day visits to Palm Springs. We will include as many meetings during our visits as can reasonably accommodated in the time frame. For each one-day site visit, we anticipate scheduling meetings between 10 am and 6 pm due to travel,but can be available earlier or later if necessary. As part of our site visits, we will be available for up to two presentations to the Library Board as can reasonably be scheduled. Three members of our team will attend the first PMT meeting. Thereafter, we will include one, two, or three members of the Group 4 team as appropriate for the project. In some cases, it may be appropriate for one Group 4 team member to attend in-person and a second or third team member to participate by teleconference. Optional meetings and site visits: Our Basic Services do not include presentations to the City Council or the Measure J Committee.However, we have shown these as Optional Additional Services. Our Basic Services for this part of the project will include the following: 1. Needs Assessment and Building Program Phase Services: During this phase we will identify library needs and prepare a building program to guide the development of the design. We will prepare an initial cost model in order to give the library a sense of the order of magnitude of the project costs. 1.1. Review City-provided information including plans and prior studies. 1.2. Prepare project schedule. 1.3. Prepare project directory. 1.4. Site Visit 1 (one-day visit): PMT Meeting 1; Library site visit and observation; Presentation to Library Board. 1.5. Review information gathered about the Library, including use data, California State Library annual reports and other strategic planning documents as available, operational information,community demographics,and other strategic planning documents as available. 1.6. PMT Meeting 2 (Teleconference): Review existing plans; Review information received; Plan community participation process including but not limited to, working with key stakeholder groups, hosting community meetings, conducting an on-line survey; Specific planning for next site visit and meeting with the Library and community. 1.7. Set up base floor plan drawing. 1.8. Site Visit 2(two-day visit): PMT Meeting 3; Review new trends in service delivery; Meet with Library staff and community on library needs; Meet with City staff to confirm deferred maintenance needs and any associated work scope to be included in project. 1.9. Prepare online survey for Library distribution. 1.10. Conduct telephone interviews and teleconference meetings with Library staff and community representatives. 1.11. Develop draft space needs analysis using current use data, future plans, and benchmarking. 1.12. Review survey results tabulated by the Library. 1.13. Prepare draft building program. 1.14. PMT Meeting 4 (teleconference): Review draft needs assessment and building program. 1.15. Revise needs assessment and building program. 1.16. Design opportunities diagrams. 1.17. Develop initial construction cost model. 1.18. Develop initial project cost model. 1.19. Site Visit 3 (one-day visit): PMT Meeting 5;Needs assessment; Building program; Design opportunities; Initial project cost model;Meetings with Library staff and community representatives; Possible presentation to Library Board. 1.20. Prepare final needs assessment and building program for City approval. 1.21. Update project schedule. 932158.1 2. Design Alternatives Phase: Group 4 will develop up to three alternatives illustrating the location of the principal functions within the library. We will update the project budgets to reflect the development of the design and will highlight significant cost differences between design alternatives. 2.1. Conduct building code analysis. 2.2. Prepare up to three alternative space plans based on approved building program. 2.3. Prepare preliminary furniture plan and budget. 2.4. PMT Meeting 6 (Teleconference): Review floor plan concepts and select preferred alternative. 2.5. Analyze alternatives for new mechanical and electrical systems. 2.6. Develop selected floor plan. 2.7. Preliminary recommendations for mechanical and electrical systems. 2.8. Update project budget. 2.9. Site Visit 4 (one-day visit): PMT Meeting 7; Review Conceptual Design with Building Official. 3. Conceptual Design Recommendations: During this phase we will develop the selected floor plan alternative including an interior perspective rendering showing the character of the Library. We will update the project budget and schedule and present the design to the Library Board, 3.1. Modify plans based on direction from the City. 3.2. Update preliminary furniture plans and budget. 3.3. Prepare conceptual design cost estimate. 3.4. Update project budget. 3.5. Prepare conceptual design project schedule showing project phases through completion of construction. 3.6. Prepare final Conceptual Design documents including site plan, floor plan, furniture plan, and rendering showing character of library interior; Construction cost estimate; Recommended project budget; Recommended project schedule. 3.7. Site Visit 5 (one-day visit); PMT Meeting 8; Review final Conceptual Design; Presentation to Library Board. COMPENSATION: Compensation for Basic Services shall be a fixed fee of$91,932. Invoicing will be monthly and reflect the services completed during the past month period. Progress invoicing will not exceed the following amounts per phase of Basic Services: Needs Assessment and Building Program Phase $ 40,028.00 Design Alternatives Phase $ 19,718.00 Conceptual Design Recommendations Phase $ 32,186.00 Total Basic Services Compensation: $ 91,932.00 Reimbursable project expenses, such as printing,binding, shipping and handling costs, special exhibits and other expenses directly attributable to the project will be charged in addition to our fees. Project expenses will be billed to the City at our cost plus 10%. We estimate the cost of Reimbursable Expenses associated with Basic Services to not exceed$7,550.00. The total estimated cost of fees for Basic Services and reimbursable expenses will not exceed $99,482.00. OPTIONAL ADDITONAL MEETINGS AND PRESENTATIONS: If additional meetings are required, we will bill on an hourly basis and suggest that you budget for reimbursable expenses for additional presentations and meetings. For each additional presentation, assuming one Group 4 team member will attend,the meeting will be held in the evening, and a hotel stay is required, we estimate the fees to be $2,200 and the reimbursable expenses to not exceed $500. 932158.1 OTHER ADDITIONAL SERVICES: When approved by the City, services not specifically included in Basic Services, including the services of additional engineers and consultants, will be performed and the City shall compensate Group 4 Architecture,Research+Planning at our standard hourly rates. SCHEDULE: We estimate that our services will be completed in 3 '/2 months. We will prepare a project schedule for the City's approval and update it throughout the project. FUTURE PROJECT PHASES: In selecting Group 4 Architecture, Research+Planning, Inc., the City recognizes that Group 4 has the qualifications to provide full planning, architecture, and interior design services including schematic design, design development, construction documents,bidding, construction administration, and post-construction phase services. The City, at its discretion, may choose to amend this contract to add these services to the Group's Scope of Services for Additional Compensation if mutually agreed to by the City and the Group 4. CITY'S RESPONSIBILITIES: The City shall provide information about the project including plans and other available information about the present building as reasonably needed. Please contact us if you have any questions about our proposal. Following your review,please indicate your acceptance below by signing and sending an original copy to our office. We are looking forward to meeting with you and the Board on February 28"i. Sincerely, GROUP 4 ARCHITECTURE,RESEARCH+PLANNING,INC. Wayne Gehrke David Schnee Andrea Gifford Principal Principal Associate W G/mm 932158.1 EXHIBIT "D" SCHEDULE OF COMPENSATION COMPENSATION: Compensation for Basic Services shall be a fixed fee of$99,481. Invoicing will be monthly and reflect the services completed during the past month period. Progress invoicing will not exceed the following amounts per phase of Basic Services: Needs Assessment and Building Program Phase $ 43,315.00 Design Alternatives Phase $ 21,337.00 Conceptual Design Recommendations Phase $ 34,829.00 Total Basic Services Compensation: $ 99,481.00 The above compensation includes normal project expenses, such as printing,binding, shipping and handling costs, normal meeting exhibits and travel and lodging expenses for the number of trips and meetings specified in Exhibit A Basic Services OPTIONAL ADDITIONAL MEETINGS AND PRESENTATIONS: If additional meetings not included in Basic Services are required and authorized by the Contract Manager,Consultant will bill additional meetings and presentations on a per meeting basis. Assuming one Group 4 team member will attend, and the meeting will be held in Palm Springs area in the evening, the lump sum per meeting fee will be $2,700, all expenses included. ADDITIONAL SERVICES: When approved by the City, services not specifically included in Basic Services will be performed and the City shall compensate Group 4 Architecture, Research+ Planning or approved sub-consultants as a negotiated stipulated sum or at our standard hourly rates.The rates below will be in effect through December 31 st, 2013 and are subject to annual revisions at the start of each calendar year. GROUP4 Consulting Principal $250.00 per hour Principal in Charge 195.00 per hour Principal 175.00 per hour Associate 160.00 per hour Professional I 140,00 per hour Professional 11 130.00 per hour Professional III 120.00 per hour Technical I 125.00 per hour Technical II 110.00 per hour Technical III 95.00 per hour Technical IV 85.00 per hour Project Support 80,00 per hour 932158.1 EXHIBIT "E" SCHEDULE OF PERFORMANCE The project is estimated to take place June 1, 2013-December 31, 2013. A project schedule will be prepared for the City's approval and updated throughout the project. 932158.1 DocuSign Envelope ID: D513C97E-12D7-41`7E-A2E8-588224C8708E CERTIFICATE OF LIABILITY INSURANCE N ACORO® /t�3� DATE IMM/LID YYYO 8/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 CA 94549 CONTACT NAME: Helen Jan PNONE 626 69fr16g1 "A/CNo: AICLafayette AW&ss, Des' nproCe uredPartnem.com INSURERS AFFORDING COVERAGE MAID INSURER A: XL Siinsurance Company 37885 Licansat 6003745 INSURED GROUP4ARC Group 4 Architecture Research +planning, Inc. INSURERS: Travelers Property Casualty Company Of America 25674 INSURER C : The Travelers Indemnity Company of Connecbwt 25682 211 Linden Avenue INSURER D : INSURER E: South San Francisco CA 94080 INSURER F : COVERAGES CERTIFICATE NUMBER: 279935250 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. Em TYPE OF INSURANCE ADDLSUBR Jm POLICY NUMBER MWDD� MP AI�D/YYYY LW� B X COMMERCMLGENERAL WLtrY Y Y 6803J225448 7/18/2023 7/18/2024 EACH OCCURRENCE $2,000,000 CLAIM&MADE I X] OCCUR PREMISES Ea omurmn E110001000 MED EXP (Any one Pelson) E 10,000 PERSONAL S ADV INJURY S2,DOO,OD0 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S4,OOD,000 PRODUCTS-COMP/OP AGG $4,000,000 POLICY JEST LOG E OTHER: C AUTOMOBILE LIABILITY Y Y 81,911464848 7/18/2023 7118=24 COMBINED SINGLE LIMIT Ee accident $1,000,000 BODILY INJURY (Per person) E ANY AUTO BODILY INJURY (Per acadenn E OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per anti E $ X NoOened Auto B X UMBRELLADAB X OCCUR Y Y CUP9G286032 7/18/2023 7/18/2024 EACH OCCURRENCE $4,000,000 AGGREGATE $4.000,ODO EXCESS LIMB CLAIMS -MADE DELI RETENTIONS S I I WORKERS COMPENSATION AND EMPLOYERS' LA ANYPROPRIETORIPARTNER/EXECUTNE YIN STER ATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE E OFFICER/MEMBEREXCLUDEOT (Mandatory In NH) MIA E.L. DISEASE -POLICY LIMIT E If yes, lawni a under DESCRIPTION OF OPERATIONS babes A Professional Liability DPR5016254 71M023 7/22/2024 $2.000,000 per Claim $2,000,000 And Ag DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may 8e attached if more apace Is required) Insured owns no company vehicles; theirefore, hired/non-owned auto is the maximum coverage that applies. The Excess -Umbrella Liability is Follow Form to It"underlying Policies: General Liability, Automobile Liability and Employers' Liability. Project#23601-On Palm Springs Public Library, Renovation Design Services Cify of Palm Springs, its officials, employees, and agents are named as an additional insured as respects general liability as required per written contract or agreement. General Liability is Primary/Non-Contnbutory per policy form wording. Insurance Coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION30 Day NOCI10 Da for NonPa of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OCT 1 2 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PROVISIONS. City of Palm Springs ZOZ3 ACCORDANCE WITH THE POLICY Attn: Kim Baker AUTHOR ZED EPRESE NTATNE 3200 E. Tahquitz Canyon Way City Hall Palm Springs CA 92262 Reception Desk CJ 1966-2015 AGUttU GUKYUKA I IVK. An rlgnTS reserveo. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Policy # BA9R464848 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or "loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8.58B224C8708E POLICY NUMBER: 680 - 3J225448 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before,and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: CG D3 61 03 05 This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. CG T8 03 07 21ncludes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 05/23/2023 Page 1 of 1 DocuSign Envelope ID: D513C97E-12D74F7E-A2E8-58B224C8708E POLICY NUMBER: 680 - 3,1225448 COMMERCIAL GENERAL LIABILITY RIMM161:461:11IT, 1:1.klKil •l.Eel*0A:IZIFli1weyAanAF9Z 7W\911i[HJ0:41114WA ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed by you before, and is in effect when, the 'bodily injury or "property damage" occurs. Location And Description Of Completed Operations Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the CG 20 37 07 04 location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG T8 01 07 23 © ISO Properties, Inc., 2004 DATE OF ISSUE: 05/23/2023 Page 1 of 1 DocuSign Envelope ID. D513C97E-12D7-4F7E-A2E8-58B224C8708E a R 0 u P 4 06/09/2023 ARCHITECTURE R E 5 E A R C H + Assured Partners Design Professionals Ins. Svcs, LLC PLANNING, INC 3697 Mt. Diablo Blvd, #230 Lafayette, CA 94549 211 LINDEN AVENUE SO. SAN FRANCISCO Re: Insurance Compliance — Scheduled Autos CA 94080 USA T:650.871.0709 To Whom it May Concern: F :650.871.7911 Group 4 Architecture Research + Planning, Inc. owns no company vehicles; www.g4orch.com therefore, hired/non-owned auto is the maximum coverage that applies (as shown on the Certificate of Insurance). Should this information change by acquiring a company owned auto, we will inform you by sending a revised certificate of insurance. J I L L E Y R E S A R C H I T E C T ANDREA GIFFORD A R C H I T E C T JONATHAN HARTMAN A R C H I T E C T DAWN E. MERRES A R C H I T E C T DAVID SCHNEE A R C H I T E C T CAROLYN CARLBERG A R C H I T E C T G A R Y C H I N G A R C H I T E C T HARDING DOWELL A R C H I T E C T DANIEL LAROSSA A R C H I T E C T W I L L I A M L I M A R C H I T E C T T E R E S A R O M A R C H I T E C T Sincerely, -�MVtkA Dawn Merkes Architect, Principal Group 4 Architecture, Research + Planning, Inc DocuSign Envelope ID: D513C97E-12D74F7E-A2E8-58B224C8708E COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. > d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured, and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the a)piratlon date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: D513C97E-12D7-4F7E-A2E8-58B224C8708E Policy # 6903J225 COMMERCIAL GENERAL LIABILITY occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" K. or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical L. services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of—> M pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury' sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. DocuSign Envelope ID: D513C97E-12D74F7E-A2E8-58B224C8708E COMMERCIAL AUTO POLICY NUMBER: BA9R484848 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS ADDITIONAL INSURED ON THE COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.I. of Section II — Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 ACOROe CERTIFICATE OF LIABILITY INSURANCE 1664/ Acd,R. 2832977 rDATE(MWDDNYYY) 1 10/1212023 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. H 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 endomemen s). PRODUCER Lockton Companies, LLC 3657 Briarpark Dr., Suite 700 Houston, TX 77042 CONTACT ggg-g26$365 NAME: PHONE FAX fAIC. Mg. Exlk INC.No: E8 All - ADDRESS: INSPERITYCERTSgkLOCICrOWFINITY.COM INSURERS AFFORDING COVERAGE NAIC e INSURER A: indemnity Insurance CO. Of North America 43575 INSURED GROUP 4 ARCHITECTURE RESEARCH PLANNING INSURER B : INSURER C : 211 UNDEN AVE SOUTH SAN FRANCISCO, CA 940603710 INSURER D 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. MISR TYPE OF INSURANCE ADDL U POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY UP MWDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE TO RE PREMISES fEaaccvnante f MED UP(An one person f PERSONAL B ADV INJURY $ GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGO E $ OTHER: AUTOMOBILE LUBILRY COMBINED SINGLE UNIT acdder' f BODILY INJURY (Par penen) f ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPER-ZDAMAGE Par accident f HIRED AUTOS NON -OWNED AUTOS f UMBRELLA UAB OCCUR EACH OCCURRENCE f AGGREGATE f EXCESS UAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILRY YIN ANY PROPRIETORJPARTNERECUTIVE IEX OFFICERIMEMBER FXCLUDED7 ❑ (Mandatory in NH) NIA X C55977306 10/12023 10/12024 X PERT T OER' TA E.L. EACH ACCIDENT S 1,000,OD0 E.L. DISEASE- EA EMPLOYE S 1•000•ODO I1 yes desvibe under DESCRIPTION DESCRIPTION OF OPERATIONS bolcny E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is "aired) 3 DAY NOTICE OF CANCELLATION Palm Sprigs Library WAIVER OF SUBROGATION IN FAVOR OF CM of Palm Springs WHEN REQUIRED BY WRITTEN CONTRACT. l !,K I IrlLA I It FIVLUtK CITY OF PALM SPRINGS MS. KIM BAKER 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORU Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number GROUP 4 ARCHITECTURE RESEARCH PLANNING 211 LINDEN AVE u r N Nmbe Symbol:Policy licyNumber Number: C55977306 SOUTH SAN FRANCISCO, CA 94080.3710 Policy Period Effective Date of Endorsement 10/12023TO 1 o/12024 10112023 Issued By (Name of Insurance Company) Indemnity Insurance Co. of North America nsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. his endorsement changes the policy to which it is attached and is effective on the dale issued unless otherwise stated. NOTICE TO OTHERS ENDORSEMENT - SPECIFIC PARTIES A. If we cancel this Policy prior to its expiration date by notice to you or the first Named insured for any reason other than nonpayment of premium, we will endeavor, as set out below, to send written notice of cancellation, via such electronic or other form of notification as we determine, to the persons or organizations listed in the schedule set out below (the "Schedule"). You or your representative must provide us with both the physical and e-mail address of such persons or organizations, and we will utilize such e-mail address or physical address that you or your representative provided to us on such Schedule. B. We will endeavor to send or deliver such notice to the e-mail address or physical address corresponding to each person or organization indicated in the Schedule at least 30 days prior to the cancellation date applicable to the Policy. C. The notice referenced in this endorsement is intended only to be a courtesy notification to the person(s) or organization(s) named in the Schedule in the event of a pending cancellation of coverage. We have no legal obligation of any kind to any such person(s) or organizaton(s). Our failure to provide advance notification of cancellation to the person(s) or organization(s) shown in the Schedule shall impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and will not negate any cancellation of the Policy. D. We are not responsible for verifying any information provided to us in any Schedule, nor are we responsible for any incorrect information that you or your representative provide to us. If you or your representative does not provide us with the information necessary to complete the Schedule, we have no responsibility for taking any action under this endorsement. In addition, if neither you nor your representative provides us with e-mail and physical address information with respect to a particular person or organization, then we shall have no responsibility for taking action with regard to such person or entity under this endorsement. E. We may arrange with your representative to send such notice in the event of any such cancellation. F. You will cooperate with us in providing, or in causing your representative to provide, the e-mail address and physical address of the persons or organizations listed in the Schedule. G. This endorsement does not apply in the event that you cancel the Policy. SCHEDULE Name of Certificate Holder E-Mail Address Physical Address City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 All other terms and conditions of this Policy remain unchanged. This endorsement is not applicable in the states of AZ, FL, ID, ME, NC, NJ, NM, TX and WI. '� W%%2 P;i �w Authorized Representative WC 99 03 71 (01111) Page 1 of 1 Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number GROUP 4 ARCHITECTURE RESEARCH PLANNING 211 LINDEN AVE SOUTH SAN FRANCISCO, CA 94080-3710 Policy Number Symbol: RWC Number: C55977306 Policy Period Effective Date of Endorsement 10/1/2023 TO 10/1/2024 10/1/2023 Issued By (Name of Insurance Company) Indemnity Insurance Co. of North America Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( X) Specific Waiver Name of person or organization: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 () Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Palm Springs Library WAIVER OF SUBROGATION IN FAVOR OF City of Palm Springs WHEN REQUIRED BY WRITTEN CONTRACT. 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED A -P `�