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05184 - P & D CONSULTANTS DWA FIELD REVIEW/SPECIAL INSP SVCS
Page 1 of 1 Cindy Berardi From: Loretta Moffett Sent: Tuesday, October 16, 2007 2,16 PM To: Cindy Berardi Subject: RE: P & D Consultants Yes...P&D is complete....thanks! Loretta Moffett Adm=,Tvarive AsslsEwn to Asslsrant Cicp Manngup-Dovelopment Seances 760-323.8270 phone 760-322-3360 fax Loretta.Moffett@palm springs-ca.gov Pls note new email address From: Cindy Berardi Sent: Tuesday, October 16, 2007 11:37 AM To: Loretta Moffett Subject: P & D Consultants Is it okay to close the contract detailed on the attached page? Cindy F)crarr�i DCPLAt &.-D Clerk 09-ice of the CI L'y Clerk CiCy or calm 5pring5 P a Ejoa 27'1-3 ralm5Prings, CA 92262 (760) 322-8355 CmLff)erarcliCM alm5prings-ca.gov 10/16/2007 DOCUMENT TRACKING Page: 1 Report: One Document Detail October 16, 2007 Condition: Document NumberA5184, Document# Description Approval Date Expiration Date Ctosed Date A5184 CONSULTING SERVICES-OWNS new maintenance facilities - 1110212005 Company Name: P & D Consultants Address: 999 Town & Country Road 4th Floor, Orange, CA 92868 Contract Amt. Total Paid Balance Group: PLANNING $79,750.00 $79.750.00 Service: In File xRef: PLANNING Ins. Status: Certificate and Policies are OK Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid MO 7767 - not prov by dept 11/0212005 MO 7814 -Amend 1 - not prov by dept 0211612006 $$79,750 00 missing workers comp cert of ins 0513112006 to CA for Sig 05/3112006 to CM for Sig 06/01/2006 distrib to dept 06/0612006 ENDOFREPORT * * * ' G � U N & u Consultants DWA Field/Insp. Services Contract and Amend 1 AGREEMENT #A5184 Orig.MO 7767, 11-2-05 MO 7814, 2-15-06 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT &AMENDMENT#1 "Field Review and Special Inspection Services" for Desert Water Agency THIS CONTRACT SERVICES AGREEMENT & AMENDMENT #1 (herein "Agreement"), is made and entered into this %:� - �., ,=- 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation,(herein "City")and P D& Consultants(herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance withal]terms and conditions of this Agreement, the Contractor shall provide those services specified in the"Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the"services"or"work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards"shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein bythis reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1 A Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor 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 Contractor's performance of the services required by this Agreement, and shall indemnify, defend and I P&D Consultants—Desert Water Agency Contract Pagel of 20 I hold harmless City against any such fees, assessments,taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 - Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a)has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 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 said work. No such extra work maybe undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i)the Contract Sum, and/or(ii)the time to perform this Agreement,which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to ten percent(10%)of the Contract Sum may be approved by the Contract Officer as may be needed to perform any extra work. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein, regardless of whether the time or materials required to complete any work or service identified in the Scope of Work exceeds any time or material amounts or estimates provided therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special P& D Consultants—Desert Water Agency Contract Page 2 of 20 i i Requirements"attached hereto as Exhibit"B"and incorporated herein bythis reference. In I the event of a conflict between the provisions of Exhibit"B"and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 1.10 Responsible to City. Contractor acknowledges and agrees that the work and services the Contractor will produce for the City, including any initial study, screen check draft environmental impact report, draft environmental impact report, and final environmental impact report, will be prepared in strict and full compliance with the California Environmental Quality Act and the Environmental Quality Act Guidelines (collectively, the"Law"). Contractor further acknowledges and agrees that, consistent with the requirements of the Law, all documents that Contractor prepares must reflect the independent judgment of the City. All work performed and all work product produced shall be subject to review, revision, and approval of the Contract Officer and the final environmental impact report, including the draft environmental impact report, comments thereto, and all related responses to comments, will be subject to approval by the City Council. In addition, Contractor shall not meet with or discuss the work, services, or the contents of any work product with the applicant or a representative of the applicant without the express approval of the Contract Officer nor shall the Contractortake direction from the applicant or the applicant's representative. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"A"and incorporated herein by this reference, but not exceeding the maximum contract amount of SEVENTY-NINE THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($79.750.00) herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. THE MAXIMUM AMOUNT OF CITY'S OBLIGATION UNDER THIS SECTION 2.1 IS THE AMOUNT SPECIFIED HEREIN. IF THE CITY'S MAXIMUM OBLIGATION IS REACHED BEFORE THE CONTRACTOR'S SERVICES UNDER THIS AGREEMENT P&D Consultants—Desert Water Agency Contract Page 3 of 20 ARE COMPLETED, CONTRACTOR WILL NEVERTHELESS COMPLETE THE SERVICES WITHOUT LIABILITY ON THE CITY'S PART FOR FURTHER PAYMENT BEYOND THE MAXIMUM AMOUNT. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (1 st)working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit"A", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but not exceeding 180 days. 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10)days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "A"). P&D Consultants—Desert Water Agency Contract Page 4 of 20 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Stephen Patterson, Senior Vice President P & D Consultants 714-835-4447 Phone / 714-285-0740 Fax It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore,the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Contractor, 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to Local Subcontractors, if Local Subcontractors are qualified to perform the P&D Consultants—Desert Water Agency Contract Page 5 of 20 work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as provided in Section 1.10 or otherwise set forth in this Agreement. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. The Commercial General Liability Insurance shall name the City, its officers, employees and agents as additional insured. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. P&D Consultants—Desert Water Agency Contract Page 6 of 20 (d) Additional Insurance. Additional limits and coverages,which may include professional liability insurance, will be specified in Exhibit "B". All of the above policies of insurance shall be primary insurance. (Reference Section 5.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence orwillful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractorwill promptly pay any judgment rendered againstthe City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by P&D Consultants—Desert Water Agency Contract Page 7 of 20 the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided bythe City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. (Performance Bond requirement waived—see EXHIBIT"B") 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "B" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City ("City Manager") due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance,technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make P&D Consultants—Desert Water Agency Contract Page 8 of 20 records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for al@ damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting there from. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the priorwritten approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10)days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in P&D Consultants—Desert Water Agency Contract Page 9 of 20 the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appearto be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative 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. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of (waived — see Exhibit "B") as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "A"). The City may withhold from any monies payable on account of services performed bythe Contractor any accrued liquidated damages. P&D Consultants—Desert Water Agency Contract Page 10 of 20 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days'written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60)days'written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability ofCity Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the P&D Consultants—Desert Water Agency Contract Page 11 of 20 evens;of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officeror employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval,or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid,first-class mail, in the case of the City, to the City Manager and to the attention of the Planning Services Director, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. it is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. P&D Consultants—Desert Water Agency Contract Page 12 of 20 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its onvalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a municipal corporation M-g �'4ity Clerk C Q& 47t. David H. Ready, City Mana��,�� 0�6&% APPROVED BY CHY COUNCIL APPROVED AS TO FORryI—, p,, By. — OAPPROVED BY CITY COUNCIL �9�s�"City Attorney k"0 tw P&D Consultants—Desert Water Agency Contract Page 13 of 20 CONTRACTOR: P & D Consultants Check One: 4th Floor _Individual_Partnership_Corporation 999 Town & Country Road Orange, CA 92868 Corporations require two notarized signatures, one from A and one from B: A. Chairman of Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). �r 1 0-Signature (notarized) Signature notarized) 4 Name: UC P J ay/d V�'//� Name: U t wem 0e�(2/ e A Title: il),d 6) M��"C ��S/C�!X/A� Title: �a ��e eylS> �y Address: ���� y to/4 �e�)I& k*4Address: 1M 1"Qy,t lc�u�e " 1 'A J State of ea fi r. �i^etc } State of(_2 County of v ;, A„�,�r,�� ss County of )ss -Q(�n ✓%,L/Z_'�/ Z2 f , �� �' before me, On %sue r�?"� before me ��I;-,c:L/ G,✓��y "7v�Z ersonally rc' U ' n ;. ,_personally �-- ppeared appeared /' �✓ t 4' personally kOWn to me (or-preved-to-Hie-eel personally known to me (od-mein the basis o sa ' r•.tory eyidemm) to be the the b-asis-of-satisfac4opy -euldeace) to be the person(--)whose name(s)is/aPe-subscribed to person(s-)whose nameFs)is/are subscribed to the within instrument and acknowledged to me the within instrument and acknowledged to me that •he/she/they executed the same in that he/sheAhey- executed the same in -his/her/their authorized capacity(ies), and that his/her/their-authorized capacity(ies), and that by Ifs/her/their-signatures-.on the instrument by his/her4their signature(&)on the instrument the pel—sonjs), or the entity upon behalf of the person(s), or the entity upon behalf of which the person(s) acted, executed the which the person(s)- acted, executed the instrument. instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Notary Signature� � t, � /( Signature: Notary Steal: Notary Seal: 9 JUDITH I.WHRE DITH I.MITE ] "{ Commbslon#1564962 Commissbn#15649b2 Notary Public-California _ ` '•� Notary Public-California Orange County Orange County - My Comm.Expires Apr 19.20 My Comm.ExplretApr 19,2 P&D Consultants-Desert Water Agency Contract Page 14 of 20 EXHIBIT "A" SCOPE OF SERVICES, SCHEDULE OF PERFORMANCE, AND SCHEDULE OF COMPENSATION Consultant agrees to perform the Field Reviews and Special Inspection Services in three phases as shown in the attached four-page proposal dated August 22, 2005 marked "Exhibit "A". Additionally the City may request on-call services in an amount not to exceed $5,000.00 billed at the hourly rates outlined in the Consultant's proposal. This Contract Services Agreement and Amendment#1 replaces and supersedes the Interim Agreement between the City and P & D Consultants dated October 21, 2005 P&D Consultants—Desert Water Agency Contract Page 15 of 20 TCB AECOM P&D Consultants 999 Town&Country Road,4th Floor, Orange,California 92868 T 714.835.4447 F 714.285.0740 www.Lcb.aecom.com AUG 22 2005 Troy Butzlaff Assistant City Mgr. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 -PROPOSAL- Mr. Troy Butzlaff, Thank you for getting back with me with regards to the Field Review for the upcoming Desert Water Agency(DWA) Project. We at P &D Consultants understand and appreciate the opportunity to work with the City of Palm Springs and DWA in a parinering effort to provide necessary Inspection Services on this important project. Please review and consider the following scope of services and hourly rate schedules which will be utilized on this project throughout it's duration. Scope of Services (A) Basic Info: • Project anticipated start date is August 30a', 2005. • Project completed date is April 30`t', 2006. • Owner is Desert Water Agency. • General Contractor is Penta Construction hic. • Project description is Operations Center Expansion/Remodel. • Project Valuation is 4.3 Million. • Use of structures are Office and Warehousing. P&D Consultants—Desert Water Agency Contract Page 16 of 20 (B) P & D Services to be provided are: I. All Specialty Inspections (soil, concrete, welding, masonry, etc)necessary for compliance with all applicable codes. 2. All Regular Building Inspections (building, electrical,mechanical,plumbing, arch., structural, energy, ADA, etc.) necessary for compliance with all applicable codes. 3. All Civil Inspections (on site utilities, soils, pavement, elec., irrigation, ADA etc.) necessary for compliance with all applicable codes. 4. Provide accurate record keeping of all inspections, approvals, denials,test results, and daily logs of project activity. 5. All work associated with items B-1, B-2,B-3, and B-4 will typically be performed Mon.-Fri. 7:00 A.M-5:00 P.M. for the anticipated duration of 8 months. 6. Anticipated actual hours on project are from 1-6 hours daily, or as necessary to provide Scope of Service identified above. 7. Provide access to and review of all project documentation to the City of Palm Springs and D.W.A. as they deem necessary. 8. The 3 basic service components (Specialty Iinsp., Regular Insp., Civil Review) are equally divided as to their time and cost. Estimated costs for each separate component is not expected to exceed$24,750. ©P & D Hourly Rates: Regular Hours Overtime Clerieal/Admin $50.00 p.h. $65.00 p.h. Senior Level Insp. $80.00 p.h. $95.00 p.h. Project Mgr. $90.00p.h. $105.00 p.h. Principle-in-Charge $150.00 p.h. $180.00 p.h. Specialty Insp. $75.00p.h. $96.00 p.h. On this project, P & D Consultants will not have reimbursables charged to the City of Palm Springs or D.W.A. P& D Consultants—Desert Water Agency Contract Page 17 of 20 I trust this proposal meets with your satisfaction and approval. P &D Consultants will provide you with any and all insurance demands and reporting conditions as you deem necessary. Your approval and acknowledgement indicated by your signature below will suffice as our Notice to Proceed. Thanking you in advance, Stephen L. Patterson Senior V.P. P &D Consultants APPROVED AS WRITTEN Stephen L. Patterson David Really Senior Vice President Palm Springs Mga. P &D Consultants City of Palm Springs Date: / /2005 Date: / /2005 P&D Consultants—Desert Water Agency Contract Page 18 or20 Roger Moon Senior Inspector Education Project Experience Administration, Mr. Moon has over 30 years of experience as a Building Inspector in both city and BS, Public University Verne county government agencies in commercial, residential, industrial and institutional areas. He also has been a real estate resale inspector, fire, theft, and liability AA, Real Estate and Land Use, inspector for various insurance companies. His other supervisory experience Chaffey College includes being a project supervisor and foreman of equipment crews installing Registrations electrical equipment, and supervising vendors and contractors for tenant ICBO Certified Building Inspector improvements of corporate space for a large corporation. Mr. Moon has most #09383 recently been the lead inspector on Mason Entertainment Facilities in the Palm Code Knowledge Springs area. 2000 International Building Code 2000 International Residential Code 2000 Universal Plumbing Code 2000 Mechanical Code :2000 National Electrical Code 1992 Model Energy Code P&D Consultants—Desert Water Agency Contract Page 19 of 20 EXHIBIT "B" SPECIAL REQUIREMENTS City hereby waives Section 5.3 as a requirement of this Agreement. City hereby waives Section 7.7 as a requirement of this Agreement. P&D Consultants—Desert Water Agency Contract Page 20 of 20 PPR-11-2006 16:15 P&D CONSULTANTS 714 2f35, 0102 P.02%04 '•:u�i!.�1/° `�' �'�in'"'.��.�,^..,�1'rta'�.r".�"'''1zrf�:4'h^� _ xL;. . ;T�SR'-v,•yatiu: �C;,f,"ia�:i_,�5���=v:�,:�:.. CERTIFICAIENUMEER y; ,... .• ,..:::.i.a°,,,......a,; ...,I::.tiiii:`'Lr:,.$�.;.:a.arev,Ni:"du.Jl«-ne;$Ii'c,e;'d, "aSAr,µ. �? _ .... ... •n M:ah ..•,^n.i7,aF. ;-�a, �4+..:.�•,:,.N�...;;.;.,:,:i' L0.5-000490703.08 PRODUCER THq cERTPTCATE q q�UCD AS A MATTER OF INFORMATION ONLY AND CONFER$ Marsh Risk&IrquraneTe Services NO IDGxTS 1re0x THE CEAYIFN:AYE xOLDER OTHER TKAN THOCC PROVIDED IN THE CA UOsnae T10437153 p0lICY.THV7 Cf02TMiCATO b0E9 NOT AMEND,ExTENn OR ALTER THE COVERAGE 777 60E1@I Fi0G0Na 6(ree( APFDRDFD pY1HE POUC E!PESCR BED HEREIN. attrl:Limon'earGn f2803}346-Sg84 GOmPMtIeS AFFORDING COVERAGE �''r conwANr 6510 AECOIA CAS 2006 P6b JWHfT Oft4N LA A aGE grDer can Insurance Company INLURED ODWAW 9 8 TOWN&COUNTRY ROAD,4TH FLOOR B ORANGE,CA 92M COWAW C NIA CO&VANY D WA A OEM TNR Is TO CERTIFY THAT FCLIGES OF INSURANCE OF-$CRIB[-O HERPw tInVE BEEN L$$UFn TO THE INSURED NAMED HEREW FOR THE e0l1CY PER100 wDIrJ,TEO. PNOTWRNSTANOING ERTAIN,THENS4xA ANYEprahREUSM'TERM OR POND"M OF ANY CONTRACT On OTHER DOCUMENT MM RESPEOTTo MICH THE CERTIFIGTE MAY OE ISSUED OR MAY NE�AFFORDED BYTNE POLIp65 DESCRIBED HH+EIN IS SUBJECT TO ALL THE TERMS,CONORIONS AND E%CLUSHINS OF SUCH POLICIES.AGGREGATE LIMBS SHOWN MAY HIVE DUN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANLE POLICYEFFECTIVE POLICYOOIIIUTRw LTR POLICY NUMBER DATEtMMg" DATe(MMNDITY) OMRS A GEHERµLWILITY "HDOG2059D69s, 04101/06 04/01/07 GEHERALArGRECATE 6 2,000,000 )( cOMNO;RGALGF]iFT+AL WeIL11Y CLIMSMADE FOCOl1R PRODOOTe"COA00 $ 4,000,000 PERSONALSADVIMUvpuuRr $ 210001000 OWNERS&COhmACiOR'SPROT EAt]I OGCWRENGE S 2,000,000 .........•_.. FTRE[lAMAOE merret $ 1,000,000 MED ona b 51000 A AUTOMORIIELIABUJTy 'ISAH082221864 04/01ros 04/01/07 COMBINEDSINW-FUMrf $ 1,000,000 x ANYAITTO ALLOWNtDAUTOS BODILY INJURY $ SGHEDRAED AUTOS R'w'pB ? HIRED AUTOS BODILY INJIDLY NON-OWNED AUTOS O'Arncd*Wq S P-ROPGRIYOAMAGS $ GARAGE UABUTY AUTO ONLY-EAACCIOFM $ ANYµTO ERTHAN AUTOONLC -i-r',,.'li'. " ::'� EACH ACCIDENT S EXCE5s UAD(UTY AGGREGATE $ EACH OCCURRENCE S UMERFJJA KAW AGGREGATE $ oTHER'rHAN UMBRELLA FORM $ WORKERS MPENSATION AND EMPLOYER&LIABILITY TORYLR,11Ta TmPROIVTQW PLFACMACCJOEW ffi &EXE PAR1NERalE%EClR1VE Imo' ELDISEASGFOLN;VLIMIT Is OFFICP.RS ARE ExcL FL OLSEASEf,ICH EMPLOYEE S DESCRIPTION OF OPERATIONSILOCATIONOM(OLE$IbReLkL.nEALS RE:Feld Review and Special InspacSon Services. RBhrence Agreement No.5164. :GEftTfE7CATEffOLOER"";.�';'"'T'P<7it,:p�tgr+: ;;qp > .,�xmU , {�t . '..', ,:,.t':A;",:��:',. `" ,rrtn�r •a ;TCAHC "'" e!Wb:FI. ...,...., <.. ,•� . .. ' ! _ 'f.ION' rAi:.1P�'.. . - ,, ... .., .. ..;,. ' .... s. .. .,,i'...r.-.;,r.•ty,{X%.u,..-r'h, .a<? 4iItG tl=!'I,. • � e- o-Tiw i",�,i11 ELI"� .le :yn' r�lrr.af,'tl ' Ian•T s._•:_+ '.U;;21r� `S�iI1JIs:�:Y,ck.I,.,,.L,:a..; w SHOULDA OF THE FO=Ul O[EDIKD HLMN BC CANCELLED BEFORE THE E MTION DATE THEDCDR. CITY OF PALM SPRINGS TME INSURER WORDING COYEMGE K F:1 MALL--{'0 DAYS WlVff N NOTICE TO THE 3200 TAHWIT7 CANYON WAY CERTPICATE HouD NAMED HEMK PALM SPRINGS,CA 92262 e CH USA INC. _ •;I_, BY: David Denihan } V11LIC_I AS[)F:i0410f/U8 _,-.� ' I ' ), i {i it tS frl , r,',i Ti ' S"Vl,� rl YI� �Il�l ' Ti "T•n' ,I. .`p ,Its 1-,x'.I_ I a ,f ,:;e. i i(,_ " I,li';.•. t:IL•. t•.''T. APR-11--2006 16:16 P&D.CONSLUANTS 714 265 0102 P.04/04 POLICY NUMBER- ISA-H08222186 COMMERCIAL BUSINESS AUTO LIAB. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This bndorsement modifies insurance provided under the following: COMMERCIAL BUSINESS AUTO LIABILITY COVERAGE PART. Name of Person or Organization: Schedule City of Palm Springs ANY AUTO 3200 Tniiquifz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the [declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 1185 TOTAL P.04 Best's Rating Center - Search Results Page 1 Page 1 of 1 MEW llr a�? , ter MemberSenefits «. . %1 View Ratings: Financial Strength Issuer Credf. Securities Advanced Search Other Web Centers: Select One L. Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with ACE American Insurance To refine your search, please use our Advanced Search or view our Online Help for more information. New search I JacE American Insurance View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings t Outlook/ Outlook/ y w AMB# - Company Name Rating Implication Lang-Term '* Implication Short-Term w Domicile 02257 ACE American Insurance Company A+ Stable aa- Stable US: Penns) (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0513112006 11:57AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating,, * Denotes Under Review Best's RatinOss Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Besfs Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,mcludin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company,Inc.All rights reserved. A.M.Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858,U.S.A. http://www3.anibest.com/ratings/RatiiigsSearch.asp 05/31/06 Best's Rating Center- Search Results Page 1 Page 1 of 1 UJ& RatINDW" ter yt1 View Ratings:Financial Strength Issuer Credit Securities Advanced Search Other Web Centers jSelect one Search Results page 1 of 1 3 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with national union fire To refine your search, please use our Advanced Search or view our Online Help for more information. New Search national union fire View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial 'Strength Ratings Issuer Credit Ratings Outlook/ .. Outlook/ AMB# Company Name Rating Implication Long-Term Implication + Short-Term + Domicile 75521 National Union Fire Insurance Co of US:Vermoi VT (Property/Casualty-Captive) 10725 National Union Fire Insurance Cc of A+* Negative as-* Negative US: Louisis LA (Property/Casualty-Insurance Company) 02351 National Union Fire Ins Co Pittsburgh A+* Negative as--* Negative US: Penns) PA (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0411112006 11:56 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating, * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,inciudin policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. littp://www3.ainbest.com/ratings/RatingsSearch.asp 04/11/06 Best's Rating Center - Company Information for ACE American Insurance Company Page 1 of 2 21 RaitfilgWier Rating Center '°i View Ratings: Financial Strength Issuer Credit Securities Advanced Search other Web Centers: Select One n Rating N1athdology ! Industry Rasearch ER Ratin oahnRians Print this pa ..�.�....�`� ACE American Insurance Company Search Best43 Retin 3 ___—_____,_._._....r__ 9' (a member of SCE INA ) jv ew securities for related'ssuers) have,in to companies that Fjnansinj'S1rcngHt �- —ases --"'�- A.M.Best#:02257 NAIC#:22667 FEIN#: 952371728 have,in our opinion,ngoingsuperior press,Raleases obligations to s to policyholders ongoing Superior Address:436 Walnut Street Phone:215-640-1000 obl;gat;ons to policyholders A+ � Related Prodi-- - 1 Philadelphia, PA 19106 Fax:215-640-5592 "----`---- """"" Industry 11 Regional Web:www.ace-ina.com Country Risk Best's Ratings How to Get Rated -- Financial Strength Ratings view Definitions Issuer Credit Ratings view Definitions Contact an Analyst Rating:A+(Superior) Long-Term: aa- Affiliation Code: p(Pooled) Outlook: Stable Financial Size Category:XV($2 billion or more) Action:Assigned ' Outlook:Stable Date:August 16,2005 Action: Upgraded Effective Date:August 16,2005 sr * Denotes Under Review Best's Ratings • • ' Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. 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Report displays both the average and total composite of your selected peer group. Note:Adobe Reader is required to view the reports listed above.This software is available free from Adobe Systems Inc.An Excel export option is also available once the report has been opened using Adobe Reader. Beat's Kev Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status: 2004 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center- Premium Data&Reports Best's Key Rating Guide- P/C US & Canada Best's Statement File-P/C US Best's Statement File-Global Best's Insurance Reports- P/C US & Canada http://www3.ambest.com/ratings/FullProftle.asp?BI=O&AMBNum=2257&A1tSrc=I&A1tNuin=&t RATIN... 04/11/06 MAY-31-2006 10:35 P&D CONSULTANTS 714 285 0102 e"�dri*e _ •yoawxik w�xe-ia. as x;«nauita:..^,.K<MS ISSUE COTE OLAD 'f!U xrxk.�,.y`w. ra. PRODUCER DM THS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMA710NOMYAND CONFERS NO AonRiskServices,Inc.aiSallthemCaFfomfa RIGHTS UPONTHECERDMOATE HOLDER.THIS CERTIFICATE DOES NOTAMFND, — T^07AVish4"mlevard,,-SuifP.SOU EXTEND OR ALTER THE COVERAGE AFFORDID By THE PCUCIE5B0.0W Los Angeles,Caltfomla 90017 (213)s30-a2oo COMPANIES AFFORDING COVERAGE A Insurance Company of the state of Pennsylvania CODE SUMODE INSURED v„a B National Union Fire Insurance Company EplANY ' F&D Consultants,Ina C Attn:Judy While 999 Town S Country Rd.,4th FL. m1 fiw Orange,GA92868 WKK D wnrvnrc .wI n THIS t6 TO CERiFY THAT PdJdFS OF ESIN>ANCE LISTED BB_OW HAVE 9E@I ISSUED TO THE WSURm NAMED ABWE FOR THE POLICY PERIOD RrDICATED. trOTWTIH5TN1gNG ANY REGWREMEHr,TERM OR CONDR1aN of ANY CONTRACT OR(TREK DDCUMFM VMH RESPECY To WMCH TM CER7FIOATE MAY BE ISSUED OR MAY PERTAIN. TFE PLSURANCE AFFORDED BY THE pOLK1ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEfUU, E1ftYA151CWs AND CONdDOgS OF5l1CH Pd.IdES.THE U,eTS SIIOWIJ MAY HAVE BEEN REDUCED BYPAID CIAMT. CO TYPE OF MSlNU1NCE POUCYAAIMBER nucrErrfmrvE PnunrEmunen ALL IT.fiS MTHOVF.Afa75 fn WE wre G@aFlUU.W�BWTY 0FN9W.ACMECAIE t WNWefScal.PleK/+raEUTE t CeAMrCkvAi GFIiEM�L Wtllll[Y PERTf1N.fAVKPTLANb IiWaY t CWISMbf OCNIUMfL Gd1 eCWMFHCF $ Oa}G1tl t COMRlefelli KOTFLIIVE RRED4MGEPT+fn�FlPq S HSEGIou El�aaE Wxar¢rmEaro s AUTCHORILELM UTfY esf ww,urto bdAY M+1FY } ALLtlANmAVfet � J [tl16UIDMlfOb PFA rsrep0 ��✓ IIPEe 111Iei eWM1TIIUPM1Y ( � � NOIfan11FUAVIDb IPFRleCIOENq GRAfiE WGIRY raaEan'wweE EACH AGGREGATE EXCESS LIADlLW orcagac uufnEtu raw mxuTluHwuE(N rniw i = i A WORKERVCONPEMSAMON W01786252(AOS) /11/2008 W112OD7 STA71JTEW 0 . A WW=53(CA) AR/2006 4/1=7aw: r B AND WC470857!(WI,OH,WA,WY) N1f2006 00207 S fAoO IGCNunIMrl A EMPLOYERS'LLABIM WrA7 MA(Fy 4/1r1ow itirim t JAW A WCt76857aM 41112000 4(1,2007 $ 1.ON ryI�ASE Ewrw B.PlorEE) OTHER DESCRRTIONOFOPMATIONSAOCATIONSNB*MESIRESTRICROHSItPECIALff MS: PDr'�10� RE;Aprewment NumberSW fwthe dtyofPAlnmSpkgs.F1eld ReAmand Speed tit dicasmices �' ^axx ava m +v.,:ar .« w:»a aea.f a�nwa::xn x ,'aunn•. �a i2 by�,. . YN4.t�5i..r.9Jb°:8.rp"..'��I EDP C E.rFCA �w..D BEFORE SHOULD ANY OF THE ABOVE bESCRIBEb POLICIES BE CANCELLED BEFORE THE ..wf EXPIRATION DATE THEREOF,THE ISSUING COMPANYWILLMNA0060TOMAIL 'r. City of Palm Springs d�� an DAYS wRITfEH NOTICE TO THE CERTIFICATE HOLDER NAMEDTOTHE iEFT- 3200 TRhqultz Canyon Way "..�W. Palm springs,CA M62 s. .W.�N., wE AUTHORIZ ED RIOpRESENTATKrIIIE /I yam, �f6yC.�3p'-C(�'/�ryAgdptt'l�Y+�LpSr Y yyylrpi`•'wfuwmwn.nliMlifvOa#x /f9PB� xye 5'ANYpay'.I. ^drl:.kw ^Y'YY �<w mts`.'J,.rv.x�iAn MlrC1�YtMTM�•: n.•rPM.• �1 /.�y i 'nir C,�_To .• laa � o � ....� 0 -q I6 $010 TOTAL P.02 RECEIVED MAY 21 700E PPR-11-2006 16:15 P&D CONSULTANTS r14 c e ee bci 4 W' S.'t ftq I"r.... .I. .,..).'. "e " CERTIFICATE NUMBER . . - 0, 1 t V 1 PRODUCER THE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOMER OTHER THAN THOSE PROVIDED IN THE CA,Llowse#0t37153 POLICY.THIS CERTIFICATE DOES Not"END,EXTEND OR ALTER,THE COVERAGE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBED HEREIN. Lot Angeles,CA 9W17 COMPANIES AFFORDING COVERAGE Aft Lad Bryson(213)-346-5454 COIVPANY 08510-AECOM-CAS-2D05 P&D JWHIT ORAN CA A ACE Amficarl InsuranCe Company INSURED OOWANY P&D CONSULTANTS,INC. M TOWN&COUNTRY ROAD,4TH FLOOR ORANGE,CA 92BSS CQMPANY C NIA 0 WA SI-10 wl "09MOPSH THIS 15 10 CERTIF(THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE SEEN MVED TO THE INSURED NAMED HEREIN FOR THE POLICY FFRIOP INDICATED,j-- NOTWITHSTANDING ANY REC"RENWIT,TERM OR CONDITION OF ANY CONTRACT OR OTHER OMMENT WITH RESPECT 70 WHI04 THE C TIACATEMAYBEII ED CRIMY tR SSU PEKEPOK THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN K9 SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POUCIE4.,AGGREdATE Gr)t 1 LIMITS SNDM MAY HAVE BEEN REDUCED BY PAID CLAIMS. to LI TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POUCYUPIRATION UMITs. R DATEtMMOONYI DAftimmusorry) C A CENERALLIABlUrY "HDO G20590695" U4101106 04101107 GENERALAGGRIEGATR 5 2,000,00 COMWRQIAL qwpzjkk LIABILITY PRODUCI'S-COMIROP AGO $ 4,000,000 CLAIMSMADE 7 OCCUR PERSONAL&ADV INJURY $ 2,000,000 0M A CONTRACTOR'S PROT WHOCCURRENGE $ 2.000,000 FIRE UAMAOE��fim) $ 1,000,000 I MEDEV(Any NIA panw) S 51000 A AUTOMOBILE LIABILITY "ISA H082221 56" 04101/06 04101107 COMBINED SINGLE LIMIT $ 1,000p0 X AKYAUrrO ALLOMEDAUFT05 BODILY INJURY $ SCHEDULrDAUTOG fpwy*—i HIREDALROS BOOILYINdURY s NMI-OMED AUTOS (Paracddwt) PROPCRTYPAMAGG GAIIAGELIAMUTY AUTO ONLY-BRACCIDENT $ ANY AUTO OTHERTHAN AUTO ONLY: EACHACCIDENT EXCESS LIABILITY AGGREGATE EACH OCCURRENCE s UMBRELI.A FORAI AGGREGATE OTMERTHAN UMBRELLA FORM EMPLOYERS'UABH-nY T�CRY L N111S I ER Jj a EACH ACCIDENT PARTNERNEXECLffrVE IN" ELDISFASP-PDXYLIMIT $ OFFICERS ARE! EXCLI EL DISPASE-EACH EMPLOYEE, DESCRIPTION Of OPERAITIONSILOCATIONCNEIRC�/$PremLrrEMg RE:Field Review and Special Inspection Services. Refprgnco Agreement No.51114. CERTIFICA1IEHOLDER', 15„ III I.07-7 A-7 .... .. M, SHOULb ANY OF WE IOMES DE30.1NO HIREN RE CANCELLED BEFORE THE EXPMFON DATE THREE". WE INEIARER AFF04IONG COVEHAC2 WILLEagROW119 MALLDAYS WAITREN NOTICE TO THE CITY OF PALM SPRINGS 32010 TAHOUITZ CANYON WAY CERTIFICATEWIDEA NAMED HEREIN, PALM SPRINGS,CA 92262 MARSH USA INC. AR my., David Denihan MM 1711-7 1 w -1 P„PR-11-2006 16:16 P&D CONSULTRNTS 714 285 0102 P.03iO4 POLICY NUMBER: HDO G20590695 COMNIIERCIAL GENERAL LIABILITY CG 2010 03 97 V 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 Name of Person or Organization: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE:Field Review and Special Inspection Services.Reference Agreement No.5184. (if 1no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization show in the Schedule,but only with respect to liability arising out of your ongoing operations for that insured. CG 2010 03 97 Copyright,Insurance Services Office,Inc.,1996 APR—it-2006 16:16 P&D CONSULTANTS 714 285 OW2 P.04iO4 POLICY NUMBER ISA H08222186 COMMERCIAL BUSINESS AUTO LIAB. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL BUSINESS AUTO LIABILITY COVERAGE PART. Name of Person or Organization: Schedule City of Palm Springs ANY AUTO 3200 Tahquitz Canyon Way Palm Spr'mgs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. C:G 20 26 1185 TOTAL P.04 NOO-02-2005 13:36 P&D CONSULTANTS 714 285 0102 P.02iO3 'rnt..-...n��'�;w � �• ��,,,emaH:.L,;;y.... .....: :..:. " hr;v h�s,F„r{r r,.):n,Il;..,,;,;,,,, ,Pr;-�-„-II. :;,,1:.,�e�::_::,:.:,r::':'c,w,w,.,.,,,,.,;r:,- � s"sm.,�.r_e.,.. L bry 'Jf1 �,1IN 'w': 11 2/2005 , TIMV:Y„nI .,x" xld „d,, ,,, �.. l�i!vd'.l a tal?(.ILJ!b'I I vh,L!. SJd411 i!I¢ M1 :.I y,, I PRODUCER DM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Ann Risk Services,Inc.of Southern California RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 707 Wilshire Boulevard,Suite 6000 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles,California 90017 (213)630-3200 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Insurance Company State of Pennsylvania CODE $UB"CODE COMPANY INSURED LETTER B National Union Fire insurance Company P&D Consultants, Inc. COMPANY II Attn:Judy White LETTER 999 Town&Country Rd.,4th FL. COMPANY Orange,CA 92868 D LETTER, COMPANY c LETTER F N. gf.}) '10�i, �Il,,Ii�gt"I"wP,P,ian NWxlif>, ,5' ri,�sa tl(yidten,"� i',1 ��t I I"`:?�lii'4s fq ml,'n a 4 h,'..'+'t"w,+,"'yx�1ll m'y(f pl'v�':IIniM' .�4'r.1:51,t'fi;,(�II;.-q..e..t-1.:;rcP�^l lrw.,•.r�}I"p7. ar,.� I1�a�E?!�w THIS IS TO CERTIFY THAT POLICIES OF INSURANCE USTED 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. YHE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY 6YIRATION ALL LIMITS IN THOUSANDS LTF CATS I MDMI DATE MMIOOttYI GENERAL LIABILITY GCNERALAGGREGATE § COMMERCIAL GENERAL LIABILITY PROOUQT5=MP00P3ACCREGATC IS CLAIMS WDE MOIRRENCE PERSONAL•ADVERTISING INJURY $ OWNERS NOONTRAC(ORO PROTECTIVE E1Cl10ncU .WE § .-.-, -.,,........ FIREOMBAGEIANYONEFREI § MEDICAL EXPEME(ANY ONE PEF=NI § AUTOMOBILE LIABILITY ANYAUTO CGL A DWNEDAN 08 EQUIXMURY SCHEOUL90AUTUS pEa PEnSON) HIREOAUTOS EODILYINIUAY NONOWNED AUTOS (PER LecIDEIfn GA GE UADILRY PROPERIYCMIAOE u �t rp.;I:q'ar::a. EACH AGGREGATE EY:GE55 LIABILITY yf �'"?�'iyylY '� li OCCURRENCE T � 1. UMYREMIi FORM OTHER TNW UMBRELLA FORM iil],y,y�Ir�li Y:'N Ip�'1��Iill fl1iA-}Iiililllq; 'U{'l�' S 'S WORKERS COMPENSATION ( STATUTORY n:wl;,'jry,":}ir/,e''� ?;Ifs:::?;• A WC6609ZYS ADS) 4/1/Z005 4/12006 © V'; I;':"(i A AND WC6609276(CA) 4111200E 4/1/2000 S 1,DOO IEACHACCIDENT) B EMPLOYERS LIA&LRY WC5609277(WI,OH,WA,WV) 4/1MOD5 4/1/2006 S 1,000 IOLAEABE PDLICY LIMIT) § 1ADO IOISEA5EEA3HEMPLOYEEI OTHER 13ESCRIPIION OF OPERATIONSILOCATIONSNEHICLES/RESTRICTIONS/SPECIAL ITEMS; POCII RE:Field Review and Spacial Inspection Sawlcee. .11'm vnrv,,,.:. •Y,.F�. w :yW.to t y;4,pputn.!q r+v/•eR°it4ERiNiF'L"E4 A: -n,ynn ,<� r _ �I.e.n,,: Q,E"I1F1171?FE( U1SCIee u 1 h,l s T;yo`✓I L:-t:. A,, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE !-JI! EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENHB&fi*k1'0 MAIL City of Palm SPdn if^P!ii' 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHE LEFT. 3200 Tahquilz Canyon Way ;i=x!'r: y HC 6 s N Nh ud l�JiAk®R kfpOE�x Palm S�prings,CA 92282 %Ni:ir.: AfK'{EIBQgC4A®7E(%Y AUTHO�R//¢ A�RREP,(rRESENTATIVE}��� ♦ �/""""����"" //��������������� ew I i.:vJ'nui�n� '. �err�,i�...Y,— 1!J'R•.I:FY'�., �. I���1 /Pet ISCOR .liG AL JgRIN � flfGgWtp �C1�.. ":II'trlA?�oii?;+il.Lf.Iy,q;q sF,p1,L�;4:��h1!aj!IIl4'tit;;L'.C,ICI:w`((wr`:11°Iii�L�iiii?14�'yf.i)"A!i!tii';ii°n!',dINIIY,.y',�wry.Pl4' v ,._r._.pr-'r,�I, L::•�,P�:- J AII ,hLS',8'. 3785 .:.In J ��.I.,, L�lPn ,�.4,Icy..., ..r nt..-i}.Ji PA_.. .,,.,r:Ml .i.v :..5.M,.RE,y%lifili'1aL•."k�l_d ill I;I!��fei'E:L� "T��� � Oi�i4��f'dF.�!h'9BB�' NOV-02-2005 13::36 P&D CONSULTANTS 714 285 0102 P.03/03 CERTHPICATENLUDIUR LOS-000490703-03 PRODUq0" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS March Rink&Insurance$eiMQOS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License 90437153 POLICY.THIN CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAUE 777 South Figueroa Street AFFORDED BY THE POLICIES DESCRIBES HEREIN. Las Angeles,CA 90017 COMPANIES AFFORDING COVERIll Aftn;Lod Bryson(213)-346-5464 COMPANY -6510-AECOM-CAS-2005 P&D JVVHIT ORAN CA A ACE American Insurance Company INSURED COMPANY P&D CONSULTANTS.INC, a 999 TOWN&COUNTRY ROAD,4TH FLOOR ORANGE,CA 92860 COMPANY C NIA COMPANY V NIA THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN•155UEOTG THE ?NSQRUO NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDMON OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY UE 15BUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIIZ ISMS.CONDITIONS AND 9XC4UUcNv5 OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYLPFECTIVIS POLICYEXPIMTIUN UNITS LTA DATE(NIMMONY) OATe(MWIDDrfn A OCNaRALL(AVILITY "HDO(321702316" 04101105 04/01/06 GENkRAI-AGGAEGATF $ 2.000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPAGG $ 4,000,000 7 CLAIMS MADE Fx�OCCUR P.E.R00NAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 2,000,000 FIRE DAMAGE ft one:GF9.— 11000,000 MED EXP An one rareIxll $ 500 A AUTOMOBILE LIABILITY 'ISA H08012593- 04101/05 04101100 COMBINED SINGLE LIMIT 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (reperowl HIRED AUT05 BODILY INJURY NON-OWNEDAUTOS PROPERTY DAMAGE $ GAIRAGELIABILITY ALTO ONLY-CAACCIDENT $ ANY AUTO RTUtR:Tf?N,�ILTO ONLY: EACH AC:.QIDENT P AGGREGATE $ EXCESS LIABILITY MLH OCCURRENCE $ I-MaREU-A FORM AGOPEOAVE J $ OTHER TWIN UMBRELLA FORM WC311 $ CO WORKERS MPENSATION AND ANY 9,81 1 EMPLOYORU'LAPILITY Ia.EACH ACCIDENT THE PROPRIETOR/ Iscl. EL PARTNERSIEXIECUITIV6 OFFICERSARE: FIEXCL EL DISEASE-PACIA EMPLOYEE1$ .Intl( DESCRIPTION or OPEPATIONS)LOCATIONSIVEHICLVUIUPECIAL ITEMS RE'Field Review and Special Inspeofion Services. Iq !iljl g., Y_ SHOJLO MN OF VIC POLICIES DESCRIBED HEREIN I IIS CANCELLED WOPE IHII EW)R&TION1 UAW THEAEof, InL IIISUROR MFORDNO COVIERIJEE YOU ENNQDDW'y4 NAIL 111 DAYS WRITTEN NOTICE TO TIY CFrY OF PALM SPRINGS CERITI HOLDER-MCD HUSEN. 3200 TAI-IQUITZ CANYON WAY PALM SPRINGS,CA 92262 MARSH !y.'.0;� mhan VI 'min pilimun— VALID AS OF:I L-i7l,1.k. MA:' k) 'k-r".."" 71/02/05 kk 4 in TOTAL P.03 ?AL/,( U;� C.1ty of" Palm Springs ar �Ri ,e y" Office of the City Manager 3200 Tahquiu Canyon Way ° Palm Springs,Cahforma 92262 TEL (760)323-8201 • FAX (760)323-8207 •TDD (760)864-9527 October 21, 2005 Stephen Patterson, Senior Vice President P&D Consultants 999 Town &Country Road, 411,Floor Orange, CA 92868 Re: Letter Agreement for Field Review and Special Inspection Services Dear Mr. Patterson: It is the intent of this correspondence to establish, by letter agreement (hereinafter "Letter Agreement"), a contractual relationship between you (hereinafter "Consultant") and the City of Palm Springs (hereinafter "City") to provide field review and special inspection services related to the expansion/remodel 'of the Desert Water Agency's Operations Center (hereinafter 'Project"). Both the personnel and the services to be performed under this Agreement shall be provided in accordance with your proposal dated August 22, 2005, as amended, and attached hereto as Exhibit "A". The City and Consultant both acknowledge that a formal Contract Services Agreement is now being prepared and that until such an agreement is finalized and executed by and between the parties, the provisions of this Letter Agreement shall control. City acknowledges that Consultant has proposed a fixed price budget of Twenty Four Thousand Seven Hundred and Fifty Dollars ($24 750) for completing the Project described in Exhibit "A". In the unlikely event that a Contract Services Agreement is not executed, the City agrees to pay for all work actually performed under this Letter Agreement. City shall make payment to Consultant within thirty (30) days after approval by City of an itemized invoice prepared and furnished by Consultant. All invoices submitted for payment shall include a detailed accounting of the services rendered and include a summary of the tasks performed and the total time spent on each task. Parties agree that any amount paid in accordance to this Letter Agreement shall be deducted from the final compensation paid to Consultant pursuant to the Contract Services Agreement that is now being prepared. Post Office Box 2743 1 Palm Springs, California 92263-2743 Mr. Patterson October 21,2005 Page 2 of 3 The City and Consultant both acknowledge their respective duties and responsibilities. As a condition to this Letter Agreement, Consultant agrees to maintain at all times throughout the entire term of this Letter Agreement the following policies of insurance: a) Workers' Compensation Insurance. The Consultant shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance, in accordance with the laws of the State of California, for all persons whom Consultant may employ directly or through subcontractors in carrying out the work specified herein. Such insurance shall be maintained in full force and effect during the period covered by this contract. b) General Liability Insurance. For all operations of the Consultant or any sub- contractor in performing the work provided for herein, the Consultant shall obtain and maintain in full force and effect throughout the entire term of this Agreement, a broad form comprehensive general liability (occurrence) policy within a minimum limit of One Million Dollars ($1,000,000) aggregate and One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage. The insurance shall protect the applicant and the City from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operation performed by the applicant, its agents, employees, and/or subgrantees. Copies of the policies or endorsements evidencing the required insurance coverage shall be filed with the City Clerk prior to beginning work. c) Business Automotive Insurance. A policy of comprehensive business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. In addition to the coverage described above, Consultant agrees to hold harmless, indemnify, and defend City, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which City, its officers, employees, agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by Consultant, its employees, subcontractors, or agents in the performance of this Letter Agreement. The parties intend that Consultant shall perform the services required by this Letter Agreement as an independent Consultant engaged by City and not as an officer, employee or partner of the City. Mr.Patterson October 21,2005 Page 3 of 3 Consultant has provided their qualifications and experience to perform the services contemplated under this Letter Agreement, a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference. It is expressly understood that the experience, knowledge, capability and reputation of the Consultant was a substantial inducement for City to enter into this Agreement. Therefore, Consultant may not replace any personnel nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. The term of this Agreement is for a period of thirty (30) days commencing October 23, 2005. The City reserves the right to terminate this Letter Agreement by providing a written 'Notice of Termination" to Consultant at least five (5) days prior to the date of termination specified in said Notice. However, in no event shall this Letter Agreement remain valid past November 23, 2005 unless otherwise extended by written approval of the City. Should this Letter Agreement be acceptable to you, please sign this letter at the space provided and return the original to this office. A copy of this correspondence will be mailed back to you for your records. I look forward to working with you on this project. If you have any questions or need further clarification regarding this matter, please contact Thomas Wilson, Assistant City Manager—Development Services, at (760) 323-8348. Sincerely, David H. Ready ,✓' City Manager In Agreement: / 3 Date Attachment: Exhibit "A" Consultant's Proposal Exhibit "B" Consultant's Qualifications Y TCB I AECOM P&D Consultants 999 Town&Country Road,4th Floor, Orange,California 92868 T 714 835.4447 F 714 285.0740 www tc6.aecom com AUG 2.2 2005 Troy Butzlaff Assistant City Mgr. 3200 E. Tahquitz Canyon Way Pahn Springs, CA 92262 -PROPOSAL- Mr. Troy Butzlaff, Thank you for getting back with me with regards to the Field Review for the upcoming Desert Water Agency(DWA) Project. We at P &D Consultants understand and appreciate the opportunity to work with the City of Palm Springs and DWA in a partnering effort to provide necessary Inspection Services on this important project. Please review and consider the following scope of services and hourly rate schedules which will be utilized on this project throughout it's duration. Scope of Services (A) Basic Info: • Project anticipated start date is August 30°i, 2005. • Project completed date is April 30th, 2006. • Owner is Desert Water Agency. • General Contractor is Penta Construction Inc. • Project description is Operations Center Expansion/Remodel. • Project Valuation is 4.3 Million. • Use of structures are Office and Warehousing. (B) P &D Services to be provided are: 1. All Specialty Inspections (soil, concrete, welding, masonry, etc)necessary for compliance with all applicable codes. 2. All Regular Building Inspections (building, electrical, mechanical, plumbing, arch., structural, energy, ADA, etc.) necessary for compliance with all applicable codes. 3. All Civil Inspections (on site utilities, soils,pavement, elec., irrigation, ADA etc.) necessary for compliance with all applicable codes. 4. Provide accurate record keeping of all inspections, approvals, denials, test results, and daily logs of project activity. S. All work associated with items B-1, B-2, B-3, and B-4 will typically be performed Mon.-Fri. 7:00 A.M-5:00 P.M. for the anticipated duration of 8 months. 6. Anticipated actual hours on project are from 1-6 hours daily, or as necessary to provide Scope of Service identified above. 7. Provide access to and review of all project documentation to the City of Palm Springs and D.W.A. as they deem necessary. 8. The 3 basic service components (Specialty Iinsp., Regular Insp., Civil'l�ev�ew) are equally divided as to their time and cost. Estimated costs for each separat component is not expected to exceed$24,750. ©P & D Hour rates• ° Re ular Hours Overtime Clerical/Admin $50.00 p.h. $65.00 p.h. Senior Level Insp. $80.00 p.h. $95.00 p.h. Project Mgr. $90.00p.h. $105.00 p.h. Principle-in-Charge $150.00 p.h. $180.00 p.h. Specialty Insp. $75.00p.h. $90.00 p.h. On this project, P &D Consultants will not have reimbursables charged to the City of Palm Springs or D.W.A. TCB I AECOM I trust this proposal meets with your satisfaction and approval. P &D Consultants will provide you with any and all insurance demands and reporting conditions as you deem necessary. Your approval and acknowledgement indicated by your signature below will suffice as our Notice to Proceed. Tharrlcing you in advance, Stephen L. Patterson Senior V.P. P &D Consultants APPROVED AS WRITTEN Stephen L. Patterson David Really Senior Vice President Palm Springs Mga. P &D Consultants City of Palm Springs Date: / /2005 Date: / /2005 TCB I AECOM Page 1 Roger Moon Senior Inspector Education Project Experience Administration, Mr. Moon has over 30 years of experience as a Building Inspector in both city and BS, Public University Verne county government agencies in commercial, residential, industrial and institutional areas. He also has been a real estate resale inspector, fire, theft, and liability AA, Real Estate and Land Use, inspector for various insurance companies. His other supervisory experience Chaffey College includes being a project supervisor and foreman of equipment crews installing Registrations electrical equipment, and supervising vendors and contractors for tenant ICBO Certified Building Inspector improvements of corporate space for a large corporation. Mr. Moon has most #09383 recently been the lead inspector on Mason Entertainment Facilities in the Palm Code Knowledge Springs area. 2000 International Building Code 2000 International Residential Code 2000 Universal Plumbing Code 2000 Mechanical Code 2000 National Electrical Code 1992 Model Energy Code P&DConsultants TCR I AFCrIAA o� e►.�M s,,� .y L City Council Staff Report DATE: November 2, 2005 CONSENT AGENDA SUBJECT: AGREEMENT WITH P & D CONSULTANTS FOR FIELD REVIEW AND INSPECTION SERVICES FOR THE DESERT WATER AGENCY'S NEW $4.3 MILLION MAINTENANCE FACILITY AND OPERTIONS CENTER RENOVATION PROJECT AND CITY OF PALM SPRINGS SPECIAL ON-CALL INSPECTION SERVICES. FROM: David H. Ready, City Manager BY: Thomas J. Wilson, Assistant City Manager SUMMARY Staff is requesting that the Council approve an agreement with P &D Consultants for dedicated field review and inspection services for the Desert Water Agency's (DWA) new $4.3 million maintenance facility and operations center renovation project. The DWA inspection services provided by P & D Consultants would not exceed $24,750 which would be paid to the City by D)NA. The agreement would also provide for special on-call City inspection services for other miscellaneous projects in an amount not to exceed $5,000. RECOMMENDATION: 1} Adopt Minute Order No. approving an agreement with P & D Consultants, for field review and inspection services for the Desert Water Agency's (DWA) Project and special City on-call inspection services not to exceed $29,750. 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. STAFF ANALYSIS: The Desert Water Agency(DWA)hasjust begun construction of a new maintenance facility and Item No. 2 *J . initiated a major renovation to its operations center. This $4.3 million project is scheduled for completion by April 30, 2006. In order to maintain its aggressive construction schedule, DWA has requested the expedited field review and inspection of its project and has agreed to pay the City for the full costs of those services. The City has received a proposal from P & D Consultants (copy attached) to provide the full expedited services for the DWA project for an amount not to exceed $24,750 which would be reimbursed by DWA. Due to the increasing volume of inspection calls, staff is recommending that P & D Consultants be additionally retained to provide miscellaneous on-call inspections of other projects, at the discretion of the City's Chief Building Official, in an amount not to exceed $5,000. FISCAL IMPACT: Finance Director Review % -=�=f The maximum fiscal impact to the City of this contract would be $5,000 for miscellaneous, on- call inspection services which would be recovered by normal building inspection fees. omas J. Wto, Ass't City Manager David H. Ready, City M bng Attachments: 1. Minute Order 2. P & D Consultants Proposal MINUTE ORDER NO. APPROVING AN AGREEMENT WITH P & D CONSULSTANTS FOR FIELD REVIEW AND INSPECTION SERVICES FOR THE DESERT WATER AGENCY'S NEW $4.3 MILLION MAINTENANCE FACILITY AND OPERTIONS CENTER RENOVATION PROJECT AND CITY OF PALM SPRINGS SPECIAL ON- CALL INSPECTION SERVICES I HEREBY CERTIFY that this Minute Order, approving an agreement with P & D Consultants, for field review and inspection services for the Desert Water Agency's (DWA) Project and special City on-call inspection services not to exceed $29,750 was adopted by the City Council of the City of Palm Springs, California, in a meeting was held on the day of November, 2005. JAMESTHOMPSON City Clerk TCB 1 AECOM P&D Consultants 999 Town&Country Road,4th Floor,Orange,California 92868 T 714 835.4447 F 714 285 0740 wmv tcd.aecom corn Troy Butzlaff Assistant City Mgr. 3200 E. Taltquitz Canyon Way Palm Springs, CA 92262 -PROPOSAL- Mi.Troy Butzlaff, Thank you for getting back with me with regards to the Field Review for the upcoming Desert Water Agency(DWA) Project. We at P &D Consultants understand and appreciate the opportunity to work with the City of Palm, Springs and DWA in a partnering effort to provide necessary Inspection Services on this important project. Please review and consider the following scope of services and hourly rate schedules which will be utilized on this project throughout it's duration. Scope of Services (A)Basic Info: • Project anticipated start date is August 301h, 2005. • Project completed date is April 30th, 2006. • Owner is Desert Water Agency. • General Contractor is Penta Construction Inc. • Project description is Operations Center Expansion/Remodel. • Project Valuation is 4.3 Million. • Use of structures are Office and Warehousing. (B) P & D Services to be provided are: 1. All Specialty Inspections (soil, concrete, welding, masonry, etc)necessary for compliance with all applicable codes. 2. All Regular Building Inspections (building, electrical, mechanical, plumbing, arch., structural, energy, ADA, etc.) necessary for compliance with all applicable codes. 3. All Civil Inspections (on site utilides, soils, pavement, elec., irrigation, ADA etc.) necessary for compliance with all applicable codes. 4. Provide accurate record keeping of all inspections, approvals, denials, test results, and daily logs of project activity. 5. All work associated with items B-1, B-2, B-3, and B-4 will typically be performed Mon.-Fri. 7:00 A.M-5:00 P.M. for the anticipated duration of 8 months. 6. Anticipated actual hours on project are from 1-6 hours daily, or as necessary to provide Scope of Service identified above. 7. Provide access to and review of all project documentation to the City of Pahn Springs and D.W.A. as they deem necessary. 8. The 3 basic service components (Specialty Iinsp., Regular Insp., Civil Review) are equally divided as to their time and cost.. Estimated costs for each separate component is not expected to exceed $24,750. © P &D Hourly Rates: Regular Hours Overtime ClericaVAdnain $50.00 p.h. $65.00 p.h. Senior Level Insp. $80.00 p.h. $95.00 p.h. Pra'ect Mgr. $90.00p.h. $105.00 p.h. Principle-in-Charge $150.00 p.h. $180.00 p.h. Specialty Insp. $75.00 .h. $90.00 p.h. On this project, P &D Consultants will not have reimbursables charged to the City of Palm Springs or D.W.A. I trust this proposal meets with your satisfaction and approval. P &D Consultants will provide you with any and all insurance demands and reporting conditions as you deem necessary. Your approval and acknowledgement indicated by your signature below will suffice as our Notice to Proceed. Thanking you in advance, Stephen L. Patterson Senior V.P. P &D Consultants AP OVED AS WRITTEN Stephen . Patterson David Really Senior Vice President Palm Springs Mga. P &D Consultants City of Palm Springs Date: / /2005 Date: / /2005 VALM IPA 16, a. 'L k C-4LfJ:oa.,0 City Council Staff Report DATE: February 15, 2006 CONSENT AGENDA SUBJECT: FIRST AMENDMENT TO THE AGREEMENT WITH P & D CONSULTANTS FOR FIELD REVIEW AND INSPECTION SERVICES FOR THE DESERT WATER AGENCY'S $4.3 MILLION MAINTENANCE FACILITY AND OPERATIONS CENTER RENOVATION PROJECT AND CITY OF PALM SPRINGS SPECIAL ON-CALL INSPECTION SERVICES. FROM: David H. Ready, City Manager BY: Thomas J. Wilson, Assistant City Manager SUMMARY Staff is requesting that the Council approve Amendment No. 1 to the agreement with P & D Consultants For dedicated field review and inspection services for the Desert Water Agency's (DWA) new$4.3 million maintenance facility and operations center renovation project. The First Amendment to the agreement with P &D Consultants would authorize an additional$50,000.00 for inspection services for DWA's renovation project. The DWA inspection services provided by P & D Consultants would then not exceed $74,750.00 all of which would be paid to the City by DWA. The agreement would continue to provide for special on-call City inspection services for other miscellaneous projects in an arnount not to exceed $5,000.00, F;ECOMMENDATION: 1} Adopt Minute Order No. approving Amendment No. 1 to the agreement with P& D Consultants,for field review and inspection services forthe Desert Water Agency's (DWA) Project and special City on-call inspection services not to exceed $79,750.00. 2) Authorize the City Manager to execute all necessary documents in a form acceptable to the City Attorney. Page 1 of 2 ITEM NO. �., STAFF ANALYSIS: The Desert Water Agency (DWA) is nearing completion of the construction of a new maintenance facility and the renovation to its operations center. This $4.3 million project is scheduled for completion by April 30, 2006. At DWA's request, expedited field review and inspection of its project has been done by P & D Consultants under a contract with the City which has been paid for by DWA. To complete the inspection of the project, additional services by P& D Consultants will be required in an amount not to exceed $50,000.00. DWA has agreed to pay the full amount of the cost of the additional inspection services. .r FISCAL IMPACT: Finance Director Review: . y The maximum fiscal impact to the City of this contract remains at$5,000 for miscella eons, on- call inspection services which would be recovered by normal building inspection fe . All other costs, not to exceed $74,750.00, will be paid by DWA. 1"o 7o, ",U�2 Thomas J. Wils , Assistant City Manager— Development Services David H. Ready, City Ma, r Attachments: 1. Minute Order Page 2 of 2 MINUTE ORDER NO. APPROVING AMENDMENT NO. 9 TO THE AGREEMENT WITH P & D CONSULSTANTS FOR FIELD REVIEW AND INSPECTION SERVICES FOR THE DESERT WATER AGENCY'S NEW $4.3 MILLION MAINTENANCE FACILITY AND OPERTIONS CENTER RENOVATION PROJECT AND CITY OF PALM SPRINGS SPECIAL ON-CALL INSPECTION SERVICES l HEREBY CERTIFY that this Minute Order, approving Amendment No. t to the agreement with P & D Consultants, for field review and inspection services for the Desert Water Agency's (DWA) Project and special City on-call inspection services not to exceed $79,750.00 was adopted by the City Council of the City of Palm Springs, California, in a meeting was held on the day of February, 2006. JAMES THOMPSON City Clerk Best's Rating Center - Company Information for Insurance Company of State of PA Page I of 2 [Ra�tingc�ent I V Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select one Rating rMethodology inaustwResearchi ---- Ratings Definitions Insurance Company of State of PA EM Print this pa Search.Best's Ratings (a member of American International Group Inc) (view securities for related issuers) Assigned to companies that A.M.Best#:02035 NAIL#:19429 FEIN#: 135540698 have,in our opinion a superior Financial Strength Press Releases tl�Parent Ticker:New York Stock Exchange NYSE AIG ability to meet their ongoing dr—6 �Snr� Address 70 Pine Street Phone:212-770-7000 obligalions to policyholders. Strp�or r New York, NY 10270 Web:www.aig.com J-,Iry RETnd .aig.com _L__ Country Risk Best's Ratings E,Wt,(iotR±Ed Financial at Strength Ratings View Definitions Issuer Credit Ratings View Definitions Contact an AnalystRating: A+*(Superior) Long-Term: as Affiliation Code: p(Pooled) Implication: Negative Financial Size Category:XV($2 billion or more) Action: Under Review Implication: Negative Date: May 04,2005 Action: Under Review Effective Date: May 04,2005 Denotes Under Review Best's Ratings Reports and News Visit our News Room for the latest news and press releases for this company and its A.M. Best Group. Best's Company Report-includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. f Report Revision Date:05/04/2005 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. ---------------- Best's Executive Summary Reports(Financial Overview)-available in three versions,these presentation style reports feature balance sheet, income statement,key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2006 Best's Statement File-P/C, US. Contains data compiled as of 3/19/2006 (As Received). • Single Company-five years of financial data specifically on this company. • Comparison-side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite-evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Note:Adobe Reader is required to view the reports listed above.This software is available free from Adobe Systems Inc.An Excel export option is also available once the report has been opened using Adobe Reader. Bests Rating Guide Presentation Report- includes Best's Financial Strength Rating and financial data as provided in Best's Key Rating Guide products. Data Status:2004 Financial Data(Quality Cross Checked). Financial and Analytical Products Best's Property/Casualty Center-Premium Data & Reports Best's Key Rating Guide- P/C,US & Canada Best's Statement File- P/C, US Best's Statement File-Global Best's Insurance Reports- PIC, US&Canada http://www3.ambest.coiii/ratings/FullProfile.asp?BI=O&AMBNum=2035&AItSrc=I&AItNuffi--&URATIN... 04/11/06 [f,�Y, ��r.. `�.y, ��.+..r ISSUE DATE(MM/DD/1'1') ,.. I�►M.(�1�1.�� G Rn- i ': "I Rw. 3/37/2006 PRODUCER DM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO Aon Risk Services, Inc. Of SO4thern California , +' 1' •P..IGHTy�UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAMEND, 707 Wilshire Boulevard, Suite 6000 ,^l"( '�I' `1 FFGND.;O)j A(.'TER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, California 90017 (213)630-3200 2OG l.'If° _.I• �PAN S' 16 COMPANIES AFFORDING COVERAGE COMPANY I'_I I' 1 .' R:; IA 't,I Insurance Company of the State of Pennsylvania CODE SUB-CODE COMPANY INSURED LETER B National Union Fire Insurance Company P&D Consultants, Inc. OMPANY LETTER C Attn. Judy White 999 Town &Country Rd.,4th FL. COMPANY Orange, CA 92868 LETTER D COMPANY LETTER E 1 4 OVERAGES .. ,. THIS IS TO CERTIFY THAT 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. THE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MMIDDIYI') DATE WMIDD") GENERAL LIABILITY GENERAL AGGREGATE Is COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPS AGGREGATE $ CLAIMS MADE OCCURRENCE PERSONAL&ADVERTISING INJURY $ OWNERS&CONTRACTORS PROTECTIVE EACH OCCURRENCE $ FIRE DAMAGE(ANY ONE FIRE) $ MEDICAL EXPENSE(ANY ONE PERSON) $ AUTOMOBILE LIABILITY ANYAUTO CSL ALL OWNED AUTOS BODILY INJU BY SCHEDULED AUTOS (PER PERSON) HIREDAUTOS BODILY INJURY NON-OWNEDAUTOS (PERACCIDENT) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY 7. EACH AGGREGATE OCCURRENCE UMBRELLA FORM $ IS OTHER THAN UMBRELLA FORM $ IS A VrORKERS'COiJIFEiJSAiiOir WC4786252(AOS)_ 4/1/2006 4/1/2007 STATUTORY - ------ - -- --- - A WC4786253(CA) 4/1/2006 4/1/2007 B AND WC4786577(WI,OH,WA,WY) 4/l/2006 4/1/2007 $ 1,000 (EACH ACCJDmO A EiMPLOYERS'LIABILITY WC4786254(FL) 4/1/2006 4/1/2007 $ 1,000 (DISEASE POLICY UMrT) A WC4786576(OR) 4/1/2006 4/l/2007 $ 1,000 (DISEASE EACH EMPLOYEE) OTHER, DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONSISPECIAL ITEMS: PDCICA10409 RE:Agreement Number:6184 for the City of Palms Springs Field Review and Special Inspection Services CERTIMA78)JOLAtER ....'..'.'CANC LLAT#ON. . . :. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL{ kR OR)TO MAIL 320 T Palm z CaSprns 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 Springs,Canyon Way >�UA�i LSE )TXRMEN NIf3 A del Palm Springs,CA 92262 BPS AUTHORIZED REPRESENTATIVE .. +:'f�1v .. `''rr,.«lat-`..,':�^«. it.:)3.'z2t:.s�r'£ f .'}�+Iillcr.LL�.✓ rL:4:Fv.:+Y.:a.:::.mif 'ACORO25�-3(3188}- ©ACORDCORPORATION 1988 CERTIFICATE NUMBER 7M,AR,S:H WSURANCE" Ij LOS-000490703-08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services D N H NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED I THE E' ' CA U i cense#0437153 f- T If, p I T F POLICY:THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street i AFFORDED BY THE POLICIES DESCRIBE[)HEREIN. Los Angeles,CA 90017 COMPANIES AFFORDING COVERAGE Attn:Lori Bryson(213)-346-5464 G! 12�' COMPANY 06510-AECOM-CAS-2006 P&D JWHIJ ,GRAN1 CA( A AGE American Insurance Company INSURED C'11'Y C L COMPANY P&D CONSULTANTS, INC. B 999 TOWN&COUNTRY ROAD,4TH FLOOR ORANGE,CA 92868 COMPANY C N/A COMPANY D N/A COVERAGES, This(cerfificate§4ppr§qdfesiand replaces in :pr6viob Iy,IssueII-cie rJfi6at for the.poll"-ypenod noted below THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDNY) DATE(MMIDDNY) • GENERAL I IABILITY "HDO G20590695" 04101106 04/01107 GENERALAGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 4.000,000 -1 Fy CLAIMS MADE Ln_j OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP An one person) $ 5,000 • AUTOMOBILE LIABILITY "ISA H08222186" 04/01/06 04/01/07 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ 14ON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND I TOCRYSTATdU TH '.0 EXCESS PLOYERTLIASILITY LIMITS ER M EL EACH ACCIDENT THE HE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERSINE`C�U/TIVE OFFICERS 'Y FFICERS ARE: Rl EXCIF EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: Field Review and Special Inspection Services. Reference Agreement No.5184. CERTIFICATE HOLDER CANQEILLATO , SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL EP?WAAXrSX MAIL DAYS WRITTEN NOTICE TO THE CITY OF PALM SPRINGS CERTIFICATE HOLDER NAMED HEREIN, 3200 TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 MARSH USA INC. By: David Denihan J,MMI'(3192) i VALID AS OF: 04/01/06 �1`7 • POLICY NUMBER: HDO G20590695 COMMERCIAL GENERAL LIABILITY CG 20 10 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided tinder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 RE: Field Review and Special Inspection Services. Reference Agreement No. 5184. (If\no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED(Section 11)is amended to include as an insured the person or organization show in the Schedule,but only with respect to liability arising out of your ongoing operations for that insured. CG 20 10 03 97 Copyright,Insurance Services Office, Inc., 1996 POLICY NUMBER ISA H08222186 COMMERCIAL BUSINESS AUTO LIAB. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL BUSINESS AUTO LIABILITY COVERAGE PART. Name of Person or Organization: Schedule City of Palm Springs ANY AUTO 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 M" �� CERTIFICATE OF SURANCE CERTIFICATE NUMBER LOS-000490703-08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License i#0437153 i 11, vu°P,OCICk�THIs CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 777 South Figueroa Street FO,RDEd�:By THF�POLICIES DESCRIBED HEREIN. Los Angeles,CA 90017 COMPANIES AFFORDING COVERAGE Attn:Lori Bryson(213)-346-5464 ))II0TII77 ('' l_LIJ4��,j1� r1COt�PANYC1++. rl Di 6510-AECOM-CAS-200G P&D JWHIT ORAN CA I1 AJj "ACC American Insurance Company INSURED .)111 I"'I aL 5 -I IG'QMPAN`, P&D CONSULTANTS, INC. C1'I- f C.i-B',,: 999 TOWN&COUNTRY ROAD,4TH FLOOR ORANGE,CA 92868 COMPANY C N/A COMPANY D N/A ,COVERAGES L_ 1 his certificate sUpeFsedes,antl rgplapes,anyprevlously issugtl,certificate.fpr the polrpy penod npted'below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS c0 TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) A GENERAL LIABILITY "HDO G20590695" 04/01/06 04/01/07 GENERALAGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 4,000,000 CLAIMS MADEI—XI OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 MED EXP(Any oneperson) $ 5,000 A AUTOMOBILE LIABILITY "ISA H08222186" 04/01106 04/01/07 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIREDAUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: - EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND - - - W TATU- OTH. EMPLOYERS'LIABILITY TORY LIMITS ER : ' EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Field Review and Special Inspection Services. Reference Agreement No.5184. CERTIFICATEE HOLDeR '= - v° CANCELLATION - " �- .,.. ............ ..... . ... SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL E W&Xf1iF"MAIL DAYS WRITTEN NOTICE TO THE CITY OF PALM SPRINGS CERTIFICATE HOLDER NAMED HEREIN, 3200 TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 xX� KXxXIc&g>UG�N�1tY E KY&'WHrcwwxMKAKKXrKXXXXXXXX MARSH USA INC. BY: David Denihan ' MNId(3(02) ;r' - VALID AS OF: 04/01/06 _._._,_...__... POLICY NUMBER ISA H08222186 COMMERCIAL BUSINESS AUTO LIAB. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL BUSINESS AUTO LIABILITY COVERAGE PART. Name of Person or Organization: Schedule City of Palm Springs ANY AUTO 3200 Taliquitz Canyon Way Palm Springs, CA 92262 (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 11 85 MARSH H � CERTIFICATE ERTIFICA` E OF IOURANCE CERTIFICATE NUMBER ��y(� F-� VGIS r �.r/11 G r ld R/11Y41� LOS-000490703-09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk&Insurance Services -1>';(NORIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE CA License#0437153 t ar,r-A� C1)',.THIS1,iG�ERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE 777 South Figuema Street C'IT '� 1)i' i AFF�Rhb0.BY THe POLICIES DESCRIBED HEREIN. Los Angeles,CA 90017 COMPANIES AFFORDING COVERAGE Attu Lori Bryson (213)-346-5464 2 0 G 6 A 'P,, : , J 6510-AECOM-CAS-2006 P&D JWHIT ORAN CA A ACE American Insurance Company INSURED r�OM('ANY,I: . . P&D CONSULTANTS, INC. C117 't L,B.;.1,:. 999 TOWN &COUNTRY ROAD,4TH FLOOR ORANGE, CA 92868 COMPANY C N/A COMPANY D N/A COVERAGES This certificate Supersedes and replaces any previously issued certificate for the policy period noted below. THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDIYY) DATE(MMIDDIYV) LIMITS • GENERAL LIABILITY "HDO G20590695" 04/01/06 104/01/07 GENERALAGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ASS $ 4,000,000 CLAIMS MADE � OCCUR PERSONAL&ADV INJURY $ 2,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE(Any one fire) $ 1,000,000 VIED BAR(Any one person) $ 5,000 A AUTOMOBILE LIABILITY "ISA H08222186" 04/01/06 04/01/07 _ COMBINED SINGLE LIMIT $ 1,000,000 X I ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per P.PI.T) I HIRED AUTOS BODILY INJURY $ NON-OW NBD AUTOS (Per arcldent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ _ ANV AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ EMPLOYERS'LIABILITYTION AND TORY MITS OER EL EACH ACCIDENT $ THE PROPRIETOR/ INOL _ _ EL DISEASE-POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICERS ARE EXCL j EL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPEGIAL ITEMS RE' Field Review and Special Inspection Services Reference Agreement No.5184 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL EIK06 t MAIL 30 DAYS WRITTEN NOTICE TO THE CITY OF PALM SPRINGS CERTIFICATE HOLDER NAMED HEREIN. (p'�� X% YS�cVMMuNii%I'.Qx1J%� 14ffiXkillx�R 3200 TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 P1XUYi ux9cffiKxka(XA4�(/k�%Ixv'Fl�px�%xGAWi E mNKx6%%rW2fUiQ94kJS% xxxxxxxxxmx; MARSH USA INC. BY: David Denihan �jf�,6f/MsiN MM1(3/02) VALID AS OF: 04/01/06 0 r MARSH RISK&INSURANCE SERVICES CA LICENSE#0437153 777 SOUTH FIGUEROA STREET LOS ANGELES, CA 9001 002439 M-002439 CITY OF PALM SPRINGS 3200 E TAHQU ITZ CANYON WAY PALM SPRINGS CA 92262-6959 soo 002439