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HomeMy WebLinkAbout05010 - WILLDAN PLANNING SUPPORT SERVICES PHIL BLOCK DOCUMENT TRACKING Page: 1 Report: One Document Detail April 24, 2006 Conditinm Monument Number G5010_ Document# Description Approval Date Expiration Date Closed Date A5010 Temporary Planning Services From 9-1-04-2-28-05 $106,000 12/15/2004 02/01/2005 Company Name: Willdan Address: , , Group: CITY MANAGER Service: In file xRef: CITY MANAGER Ins. Status: No Certificate on file. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid MO 7598 not prov by dept 12/15/2004 to CM for Sig 02/16/2005 END OF REPORT ` " ` J s 1/ Willdan Temp. Planning Services AGREEMENT#5010 MO 7598, 12-15-04 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Temporary Planning Services THIS��CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this -L;�;�- day of December, 2004, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and Willdan (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and 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 of competent jurisdiction. 1.3 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum contract amount of One Hundred Six Thousand Dollars ($106,000) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Al Warot is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. R:\USERS\WPPUBLIC\05 Agreements\Willdan -Temp Planning Services 12-22.wpd -1- 3.2 Contract Officer. Troy Butzlaff is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 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 otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under 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. 4.0 INSURANCE AND INDEMNIFICATION 4.1 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, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $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 $500,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in Exhibit "X. R:\USERSIWPPUBLIC\05 Agreements\Willdan -Temp Planning Services 12-22.wpd -2- All of the above policies of insurance shall be primary insurance. 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 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 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 Contractors 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 3.3 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. 4.2 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 per3on, 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, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (Replaced in Exhibit`A'under Special Requirements) (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) Contractor will promptly pay any judgment rendered against the 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 the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. R:\USERS\WPPUBLIC\05 Agreements\Willdan -Temp Planning Services 12-22.wpd -3- 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until December 31, 2005. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be Specifically approved by the Contract Officer. In he event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. (Replaced in Exhibit 'A' under Special Requirements.) 6.0 MISCELLANEOUS 6.1 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 ensure 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. 6.2 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he 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. 6.4 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 Contract Officer, 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. 6.5 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. R:\USERS\WPPUBLIC\05 Agreements\Willdan -Temp Planning Services 12-22.wpd 6.6 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. 6.7 Severability. In the event that part of 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 portions 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 invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 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 requiting 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. 6.9 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, whether or not the matter proceeds to judgment. 6.10 Corporate Authoritv. 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. SIGNATURES ON NEXT PAGE R:IUSERS=PPU8LIM05 AgreementslWilldan -Temp Planning Services 12-22.wpd 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 - B ~ .v Yeri k City Manager APPROVED A FORM: Agreement ovee-/�--ider $25,000 By: City Attorne Reviewed and approved by Procurement do Contracting FnitiaN Aw-j Date P.O. Nunlr [mil Ei tmC c{)n R:\USERSUPPUBLIC\05 Agreements\Willdan -Temp Planning Services 12-22.wpd CONTRACTOR: Willdan Check one:—Individual_Partnership_Corporation 13191 Crossroads Parkway North,W5 Industry, CA 91746-3497 Corporations require two notarized sign s: One from each of the following: A. Chairman of Board, President, or any Vice President:AND S.Secretary,Assistant cre ary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: b )A- By: Signature(Wize' Signature(notarized) Name: arvX C Pc5e t�I Name: MCA/1 1 Title: Sr . �) c� Pr Ec. rt P ,1 - Title: Address: I Plkw y Address l c----�',�" CS .+'—Ct- C" u C'� )A U(' T,AL)sAE-✓7 Cry 91ZLf(o/ �t A�l.ly - CA cicl47) � State of State of 0C1--_ Countyoftros W ,olr.> ss County of 02 Adv (,E? /sps c Onj rbefore me,(a�n nr-�f. �r+-k.,or Orin% r9`� before personally appeared Yll t t.l% C' ('�,,y.e—fl- personall appeared—o\/ C,'i It personally known to me (oc-praued_fo_me cn t_.h�-yl�of personally known to me (er=proved-to-me-on-thTbasis-of satlsfastery-evidence) to be the persons}-whose name,(s} satisfacta[y e.Yideace} to be the person(*) whose named) istm subscribed to the within instrument and acknowledged is/#rPjsubscnbed to the within instrument and acknowledged to me that he/sha@hey executed the same in his/be##mir to me that he/shelthoy executed the same in his/her/their authorized capacityges), and that by his/Fw itheir signatures} authorized capacity(les),,and that by his/hedtheir_signature('s), on the instrument the person(e), or the entity upon behalf of on the instrument the person(s)„or the entity upon behalf of which the person(syacted,executed the instrument. which the person(s),octed,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature` Rl',� 'N'� °""`r�� Notary Signature`'7�" u�,\�2S7sn Notary Seal: Notary Seal: I .. �. —m [ �CATHALEEN D.STEELE ■ ANNETfE M.2AMORA Ii Commission#7483234 r { Comis ion M 1536226 Notary Public-California Notary public-California Z '+ Orange County i Los kpeMS County My Comm.Expires Apr 13,2008 2006J — _ _ — _ — — — — _ _ — MyCotnro,ExpirwDii 1f1, - R:IUSERSIWPPUBLIC105 Agreements\Willdan -Temp Planning Services 12-22.wpd j� I+X"V1wso mw M �ltl jrr EXHIBIT "A" SCOPE OF SERVICES Contractor shall provide planning support services related to the review of new development applications on an as-needed basis. Services provided by Contractor shall be performed by qualified personnel. Mr. Phil Block is approved to provide services hereunder. Contractor must receive approval from the City's Contract Officer priorto utilization of other personnel to provide planning support services. Services shall be provided only as directed by the City's Contract Officer. SPECIAL REQUIREMENTS: Section 4.1 (d) -Additional Insurance The Contractor shall procure and maintain a policy of professional liability insurance in an amount not less than $1,000,000.00 per claim with respect to loss arising from the actions of Contractor performing professional services hereunder on behalf of the City. Said policy shall be in conformance with the provisions of Section 4.0 of this Agreement. Replace text lined out in Section 4.2 - Indemnification with: Contractor 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 the 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 Contractor, its employees, subcontractors or agents to the extent caused by their negligent acts, errors or omissions or other wrongful conduct in the performance hereunder, and in connection therewith: Replace Section 5.2 with the following: 5.2 (Revised) Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon ten (10) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. R:IUSERSIWPPUBLIC105 Agreements\Willdan -Temp Planning Services 12-22.wpd SCHEDULE B SCHEDULE OF COMPENSATION Total compensation for planning support services provided shall not exceed $106,000. Compensation shall be billed at hourly rate as follows: Phil Block $90 per hour Invoices shall be submitted on a regular basis, at an interval arranged with the City's Contract Officer. H:\USERS\WPPUBLIC\05 AGREEMENTS\WILLDAN -TEMP PLANNING SERVICES 12-22.WPD thB. iJ 20U5 09:19 03758 P. 002/005 .. Cllpq—t#:6540 WILLVAN ACORM CERTIFICATE OF LIABILITY INSURANCE DM/D°^� 02/09//09/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana,CA 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford Fire Ins.Co. 2125 n INSURER BI American Automobile Ins.Co. 125 Kat Avenue,Ste.200 INSURER c: XL Specialty Insurance Co. Anaheim,CAA 92805 INSURER D; I INSURER E; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESORIDED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IVITI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTiIVE PULIUMOPTRAWON A GENERAL LIABILITY FAT�(MMlP � DATEIWDWYYI LIMTS 11/09/04 11/09/05 EACH OCCURRENCE S1,000,000 X COMMERCIALDENERALLIABILITY FIRE DAMAGE(Any bmBra) Sl000,000 CLAIMS MADE 0 OCCUR INDP,CONTRACTORS MED EXP(Anyono person) S10 OL-00 X CONTRACTUAL INCLUDED PERSONAL BAUV INJURY 511000,000 X SFPDa XCU OENERAL AOOREGATE S2,000,000 GENTAGGREGATE LIMITAP��PLIES PER: PROOUCT9-COMPADP AGO $2000,000 1 POLICY n Z Fill LOG A AUTOMOBILE LIABILITY 57UENUL9643 11/09/04 11/09/05 COMBINED SINGLE LIMIT x ANY AUTO (E11+U*0Q $1,000,000 ALL OWNED AUTOS ' BODILY INJURY S _ GGHEDULEO AUT03 (Par paeaon) X HIREDAUTOS RODILYINJURY S X NONOWNED AUTCS (Par ecoldeM) PROPERTY DAMAGE S (PeraccMPN) GARAGE LIABILITY _ _AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER EA ACC $ THAN AUTO ONLY, qP4 S EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AOGREGATE A DEDUCTIDLE S S RETENTION S S B WORKERSCOMPENSATMINAND WZP80926637 11/09/04 ^� OT EMPLOYBR$'LIAINLT — TQEXUML 9 9 EL EACH ACCIDENT S1,000,000 EL DISEASE-FA EMPLOYEE_$1,000,000 E.1-DISEABE.P000YUMIT 11,000,000 C OTHFR Professional DPR9406466 11/09/04 11/09/05 $1,000,000 per claim Liability $1,000.000 annl aggr. UESCMPTMN OT•OPERATIONWLOCATIONSIVEHICLESMXCLUSIONB ADDED BY ENDORSEMENNSPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Temporary planning services City of Palm Springs,its otticerg,employees,and agents are additional (See Attached Descriptions) CERTIFTC0.TF—HOLDIER ADI)MMAI,INSURED;INWRERL.OWlR, CANCkLI kPION Ten Day Notice lor Noapaytne>rt of Premium SH WLD MVMTHEABOVE DESCRIBRO POLEIRSBE CANCELLED OEPORETHEGXRRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL XURVA"nOlpMAIL,a,(_DAYS WRITTEN Art:Mari Lynn Roswell NOTICE TOW E CERTIFICATE HOLDER NAMED TOTHRLEFT,9Il1PMtVWRt?Rp1rMJiNXxxX 3200 E.Tahqultz Canyon Way WHeWXtnoMtXNWXXNXWXARO KXXRriMX107IR1tRAl RMXXPWJCM XRWAX N XXX),X Palm Springs,CA 92263-2743 AMMM1111INDLOCK AUTHORIZED RRfE/)P/R.EESE.NTAMVE f r�1'II'+ "f���� ACOR02S-S(7/37)1 012 #5120345M1114460 LL © ACORD CORPORATION 1888 FEH.10'2005 09:20 #375S P.003/005 DESCRIPTIONS (Continued from Page 1) Insured as respects to General Llatflllty.Primary and Non-Contributing coverage applies to GL. Waiver of Subrogatlon applies to GL.Waiver of Subrogation for Work Comp Is Included. (GL4AMMSSGUSU8/X) (Industry) _ I AMS 25.3(07/97)2 of 2 #S1203451M114400 thb.1012005 09:20 #3750 P.004/005 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Att : Mari Lynn Roswell 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 (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 II) Is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that Insured by or for you, Additional Insured Continued: its officers, employees, and agents PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE, WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 20 10 1185 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is indicated below. (The follovving"Attaching clause'needs to be completed only when this ordorsement Is Issued Subsequent to preparation of the pollcy) This endorsement forms a part of Policy No. WZP80926637 Issuadto: Willdan By: American Automobile Ins, Co. Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy,We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5%of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs Waiver Applies to: its officers, Att: Mari Lynn Roswell employees, and agents 3200 E. Tahguitz Canyon Way Palm Springs, CA 92263-2743 WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative Client#: 6540 2/09/ ACORD.M CERTIFICATE OF LIABILITY INSURANCE M,D°'""' 02109I05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 10550 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711.0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER Hartford Fire Ins. Co. Willdan — -- -- -- ------- — -- WSURER B American Automobile Ins. Co_. _ 2125 E. Katella Avenue, Ste. 200 INSURER C. XL Specialty Insurance Co. Anaheim, CA 92806 - -- - - ----------- -- INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR POLICY EFFECTIVE (POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDDNY) DATE(MMIDWYY) LIMITS A GENERAL LIABILITY 57CESOA1661 !111/09/04 111/09/05 EACH OCCURRENCE_ _ S1 000 000 X COHIMERCIAL GENEI,ALlIABILITY 1' FIREDAMAGEIA,.on Gre) 1$90000000 CLAIMS MADE OCCUR INDP. CONTRACTORS MED EXP(Any ene uJ,aen) S10 000 X IICONTRACTUAL INCLUDED PERSONAL a ADV INJURY s1,000,000 X BFPD,-XCU _ _ GENERAL AGGREGATE 92,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS -COMP)OPAGG s2,000,000 POLICY I X I JECT � X LOG A AUTOMOBILE UASIUTY 57UENUL9643 111/09/04 11/09/05 COMBINED SINGLE LIMIT I,X ANY AUTO (Ea acc,dem) 151,000,000 ALL OWNED AUTOS '-- iBODILY INJURY I$ SCHEDULED AUTOS (Per person) -- X HIRED AUTOS —r BODILY INJURY S X NON-OWNED AUTOS (Per acoltlenp —I I PROPERTY DAMAGE IS (Per acoitlonp GARAGE LIABILITY (AUTOONLY-EAACGIDEINT S -- -- - ANY AUTO IOTHERTHAN EA ACC S AUTO ONLY qGG 5 EXCESS LIABILITY EACH OCCURRENCE $ OCCUR (CLAIMS MADE I AGGREGATE 5 _ DEDUCTIBLE RETENTION 5 S B WORKERS COMPENSATION AND WZP80926637 11/09/04 11/09/05 Ili XrWC STATU- OTH- EMPLOYERS'LIABILITY r "91�Y LIMLTS ___—ER - - LL_.AUH_ACso=_Nr 51,00Q000 IEL DISEASE_EAENIPLOYEEI 91,000,000 EL DISEASE -POLICY LIMIT :$1,000,000 _ C OTHER Professional IDPR9406466 11/09/04 11/09/05 $1,000,000 per claim (Liability $1,000,000 annl aggr. I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES)EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Temporary planning services City of Palm Springs, its officers,employees, and agents are additional (See Attached Descriptions) I CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ - CANCELLATION Ten Day Notice for Non-Payment of Premium SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES B E CANCELLED BEFORE THE EXPIRAI ION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL 9NR5PA"XTP MAIL 30 DAYS WRITTEN Att: Mari Lynn Boswell NOTICE TOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BNx%n11x7RXxA1FIP>ffRFXJ1UN(X 3200 E.Tahquitz Canyon Way tGDPRJRAXQDDW4143PN7gNc97xNXQQN7(mxXlt%K71flX4P1PMJTJIRY199[KR7R%7SWf3HN!)bXA<%TX Palm Springs, CA 92263.2743 r��asTeMTmaXI,Exx AUTHORIZED REPRESENTATIVE �r ACORD 25-S(7/97)1 of 2 #S120345/M114460 �� �bLL © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) insured as respects to General Liability.Primary and Non-Contributing coverage applies to GL. Waiver of Subrogation applies to GL.Waiver of Subrogation for Work Comp is included. (GL-AI/PWSBGL/SUB/X) (Industry) AMS 25.3(07/97)2 of 2 #5120345/M114460 POLICY NUMBER: 57CESOA1661 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Att : Mari Lynn Boswell 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 (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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. Additional Insured Continued: its officers, employees, and agents PRIMARY INSURANCE : IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE . WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CG 20 10 11 85 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"needs to be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement forms a part of Policy No. WZP80926637 Issued to: Willdan By: American Automobile Ins . Co . Premium (if any)TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Palm Springs Waiver Applies to : its officers, Att : Mari Lynn Boswell employees, and agents 3200 E . Tahquitz Canyon Way Palm Springs, CA 92263 -2743 WC 04 03 06 Countersigned by (Ed.4-84) Authorized Representative