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Contract 1817
0_- ( W AGREEMENT FOR PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND T.Y. LIN INTERNATIONAL This Agreement for Professional Construction Management Services ("Agreement") is entered into as of July 24, 2019 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and T.Y. Lin International, a California Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by Request for Proposals, the performance of Construction Management services for the Cathedral Canyon Drive Bridge at Whitewater River Project [Project], City Project Number 8919, defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Consultant was selected by the City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: - 1 - SECTION 1. TERM OF AGREEMENT. (a) Subject to the provisions of Section 28 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 2 years commencing on the Effective Date, unless extended by contract amendment. (b) Consultant is advised that any recommendation for award is not binding on City until the Agreement is fully executed and approved by City. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 35 "Administration and Implementation" or Section 37 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. SAFETY. (a) Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. (b) Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. - 2 - (c) CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. SECTION 5. COMPENSATION AND METHOD OF PAYMENT. (a) The method of payment for this Agreement will be based on actual cost plus a fixed fee. Subject to any limitations set forth in this Agreement, City agrees to reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead, and other direct costs) incurred by Consultant in the performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs specified in the approved Consultant's Cost Proposal, set forth in Exhibit "B" "Compensation" and made a part of this Agreement by this reference, unless additional reimbursement is approved in writing in accordance with Section 35 "Administration and Implementation" or Section 37 "Amendment" of this Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds City's approved overhead rate set forth in the Cost Proposal. In the event that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the Term of Agreement or actual costs reimbursable by City shall be adjusted in accordance with Section 37 "Amendment" to accommodate the changed work. The maximum total cost as specified in Paragraph "I" shall not be exceed, unless authorized by amendment. (b) The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or Agreement award. (c) In addition to the allowable incurred costs, City will pay Consultant a fixed fee amount of One Hundred Three Thousand Three Hundred Fifty-Nine Dollars ($103,359.00). The fixed fee is nonadjustable for the Term of Performance, except in the event of a significant change in the scope of work and such adjustment is made in accordance with Section 37 "Amendment" of this Agreement. (d) Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal. (e) When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate in accordance with Section 35 "Administration and Implementation" of this Agreement before exceed such cost estimate. (f) Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant's fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according the schedule set forth in Section 2 of this Agreement, City - 3 - shall have the right to delay payment or terminate this Agreement in accordance with Section 28 "Termination of Agreement" of this Agreement. (g) No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement. (h) Consultant will be reimbursed promptly according to California Regulations upon receipt of itemized invoices in duplicate in accordance with Section 35 "Administration and Implementation" of this Agreement. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference the City project number and title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 12 "Equipment Purchase" of this Agreement. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant's work. Invoices shall be mailed to City as detailed in Section 33 "Notices" of this Agreement. (i) The total amount payable by City, including the fixed fee, shall not exceed Two Million Three Hundred Thirty-Nine Thousand Three Hundred Forty-Seven Dollars ($2,339,347.00), unless additional compensation is approved in writing in accordance with Section 35 "Administration and Implementation" or Section 37 "Amendment" of this Agreement. (j) Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City in accordance with Section 35 "Administration and Implementation" of this Agreement. (k) For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. SECTION 6. COST PRINICPLES AND ADMINISTRATIVE REQUIREMENTS. (a) The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. (b) The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (c) Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City. (d) When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform - 4 - Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. SECTION 7. AUDIT REVIEW PROCEDURES. (a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City's Chief Financial Officer. (b) Not later than thirty (30) days after issuance of the final audit report, Consultant, may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement. (d) Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, and incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR, and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant's responsibility to ensure federal, state, or local government officials are allowed fully access to the CPA's work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement pursuant to Section 28 "Termination of Agreement" and disallowance of prior reimbursed costs. (e) Consultant's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Caltrans Audits and Investigation (A&I). Caltrans A&I, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement pursuant to Section 28 "Termination of Agreement" and disallowance of prior reimbursed costs. (i) During Caltrans A&I's review of the ICR audit work papers created by the Consultant's independent CPA, Caltrans A&I will work with the CPA and/or - 5 - Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans A&I identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation)compliant ICR{e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by A&I. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent (150%)-the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1. above, Caltrans A&I may require Consultant to submit a revised independent CPA- audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans A&I will then have up to six (6) months to review the Consultant's and/or the independent CPA's revisions. (iii) If the Consultant fails to comply with the provisions of this paragraph E, or if Caltrans A&I is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. (iv) Consultant may submit to City final invoice only when all of the following items have occurred: (1) Caltrans A&I accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) Caltrans A&I has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR. SECTION 8. DISPUTES. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not - 6 - been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. (a) Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by Consultant. (b) Not later than 30 days after completion of all work under the Agreement, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. (c) Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. SECTION 9. SUBCONTRACTING. (a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subagreement shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to Consultant. (b) Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization in accordance with Section 35 "Administration and Implementation" of this Agreement, except that, which is expressly identified in the approved Cost Proposal. (c) Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. (d) Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. (e) Any substitution of subconsultant(s) must be approved in writing by City in accordance with Section 35 "Administration and Implementation" of this Agreement in advance of assigning work to a substitute Subconsultant. SECTION 10. RETENTION OF FUNDS. (a) Any subagreement entered into as a result of this Agreement shall contain all of the provisions of this section. - 7 - (b) No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultant and subconsultants. SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES (DBE). (a) This Agreement is subject to 49 CFR Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who enter into a federally-funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal. (b) The goal for DBE participation for this Agreement is 18.0%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Commitment (Exhibit 10-02) attached hereto under Exhibit B "Consideration" and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. (c) Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal. (d) DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The City, Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement pursuant to Section 28 "Termination of Agreement" or such other remedy as City deems appropriate, which may include but is not limited to: (i) Withholding monthly progress payments; - 8 - (ii) Assessing sanctions; (iii) Liquidated damages; and/or (iv) Disqualifying the Consultant from future bidding as non-responsible (e) A DBE firm may be terminated only with prior written approval from City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. (f) Consultant shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed DBE or by other forces (including those of Consultant) pursuant to prior written authorization of the City. (g) A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors. (h) A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. (i) If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. (j) Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. - 9 - (k) Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Exhibit 17-F: Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants", certified correct by Consultant or Consultant's authorized representative and shall be furnished to the City with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the City. (I) If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to City within 30 days. (m) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section. SECTION 12. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES. (a) Prior authorization in writing, by City in accordance with Section 35 "Administration and Implementation" of this Agreement shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. (b) For purchase of any item, service, or consulting work not covered in the Consultant's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City in accordance with Section 35 "Administration and Implementation" of this Agreement; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. (c) Any equipment purchased as a result of this Agreement is subject to the following: (i) Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated pursuant to Section 28 "Termination of Agreement" of this Agreement, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at - 10 - Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. (ii) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. SECTION 13. INSPECTION AND FINAL ACCEPTANCE. Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the Term of Agreement including review and inspection on a daily basis. City shall reject or finally accept Consultant's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 24 "Indemnification" and Section 25 "Insurance." SECTION 14. OWNERSHIP OF DOCUMENTS. (a) It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the sole property of City, and Consultant shall have no property right therein whatsoever. Immediately upon completion, expiration or termination, City shall be entitled to, and Consultant shall deliver to City, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant's privileged information, as defined by law, or Consultant's personnel information, along with all other property belonging exclusively to City which is in Consultant's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. (b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City, and may be used, reused or otherwise disposed of by City without the permission of the Consultant. - H - (c) Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City's sole risk. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant's guarantees and warranties in Section 17 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents. (d) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). (e) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. SECTION 15. CONSULTANT'S BOOKS AND RECORDS. (a) For the purpose of determining compliance with Gov. Code § 8546.7, Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. The Consultant, Subconsultants, and City shall maintain any and all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement, including, but not limited to, the costs of administering the Agreement . Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. All parties, including the Consultant's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address - 12 - indicated for receipt of notices in this Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 16. INDEPENDENT CONTRACTOR. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. SECTION 17. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of - 13 - performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Consultants work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Consultant warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 18. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 19. STATE PREVAILING WAGE RATES. (a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. (b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer http://www.dot.ca.qov/hq/construc/LaborCompliance/documents/District- Region Map Construction 7-8-15.pdf. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. - 14 - (c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.d ir.ca.gov. (d) Payroll Records (i) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. (ii) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative's at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. (2) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. (3) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. (iii) Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. - 15 - (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. (v) The Consultant shall inform Cityof the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. (vi) The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. (e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City. (f) Penalty (i) The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. (ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. - 16 - (iii) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. (iv) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements: (1) The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (3) Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. (4) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. (v) Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. (vi) If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. (g) Hours of Labor Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day - 17 - during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815. (h) Employment of Apprentices (i) Where either the prime Agreement or the subagreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. (ii) Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7. SECTION 20. NONDISCRIMINATION AND STATEMENT OF COMPLIANCE. (a) The Consultant's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. (b) During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- - 18 - 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. (e) Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (f) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (g) The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. (h) The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR§21.5, including employment practices and the selection and retention of Subconsultants. SECTION 21. CONFLICTS OF INTEREST. (a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Consultant shall file the subject - 19 - Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Consultant will, perform non- related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (e) During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. (f) Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. (g) The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (h) The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. SECTION 22. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. - 20 - SECTION 23. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All financial, statistical, personal, technical, or other data and information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary' provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (e) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. (f) Consultant shall not comment publicly to the press or any other media regarding the Agreement or City's actions on the same, except to City's staff, Consultant's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. (g) Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City's written permission. - 21 - (h) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. SECTION 24. INDEMNIFICATION. (a) Indemnification by Consultant. As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 25. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. - 22 - SECTION 26. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 28 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 27. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. There shall be no change in Consultant's Project Management or members of the project team, as listed in the approved Cost Proposal without prior written approval by City pursuant to Section 35 "Administration and Implementation" of this Agreement. SECTION 28. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty(30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 "Compensation and Method of Payment" of this Agreement. (e) City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities - 23 - under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. (f) Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. (g) In the event of termination, Consultant shall be compensated as provided for in this Agreement, except as provided in Section 12 Equipment Purchase and Other Capital Expenditures Part C. SECTION 29. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 28 "Termination of Agreement." Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 30. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 31. CLAIMS FILED BY CITYS CONSTRUCTION CONTRACTOR. (a) If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. - 24 - (b) Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services under this Agreement. (c) Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. SECTION 32. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 33. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Consultant: T.Y. Lin International Attn: Joseph Smith, PE, CCM 3633 E. Inland Empire Blvd., Ste. 900 Ontario, CA 91764 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 34. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder. SECTION 35. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue - 25 - interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 37 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 36. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 37. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been issued. There shall be no change in Consultant's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City. SECTION 38. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. SECTION 39. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 40. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. - 26 - SECTION 41. CONTINGENT FEE. Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. SECTION 42. PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL FUNDS FOR LOBBYING. (a) Consultant certifies to the best of his or her knowledge and belief that: (i) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement. (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (b) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (c) The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly. SECTION 43. DEBARMENT AND SUSPENSION. (a) The Consultant's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT - 27 - or any person associated therewith in the capacity of owner, partner, director, officer or manager: (I) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (ii) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (iii) Does not have a proposed debarment pending; and (iv) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. (b) Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. (c) Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA. SECTION 44. NATIONAL LABOR RELATIONS BOARD CERTIFICATION. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. SECTION 45. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 46. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). - 28 - SECTION 47. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY T.Y. LIN INTERNATIONAL OPeltPOILL)a.74-- i/ Charles P. McClendon By: Kms.►... :: . ..;- City Manager Its: IIMEM ATTEST: By: Its: Tracey R. artinez City Clerk APPROVED AS TO FORM Eric S. Vail City Attorney NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. - 29 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF R# ESAN.1E- O ) On AAA (p , 2019 before me, U Gt('GE,(�1el t r c Il�t V c es, �1bfiT.(rfi 'at bl I C Date �, Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared �J t tMVV VV)e.,\ LkC " Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the ;.••'.,,. JACQUELINE A.RIVERS • entity upon behalf of which the person(s) acted, executed the Notary Public-Californiainstrument. soti San Diego County 2 ` ) Commission i{2141581 I certify under PENALTY OF PERJURY under the laws of the State .1My Comm.Expires Mar 26,2020 ti of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J )0tert, (' Signature of Notary Pub is l OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General • Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES A-1 • ■ CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER A EXHIBIT A - SCOPE OF SERVICES The scope of these services consists of, but is not limited to, Construction Management and Inspection Services for Cathedral Canyon Drive Bridge at Whitewater River and will include Pre-Construction, Construction, and Post- Construction Phases. The work to be performed by TYLI shall be based on the procedures,guidelines,standards,and the code contained in the Caltrans, City of Cathedral City,and other publications listed below: o Caltrans LAPM with current amendments o Trench and Shoring Manual with current o Local Programs Procedures(LPP),with current amendments amendments o Falsework Manual,with current amendments o Construction Manual, current edition o Contract Change Order Manual,with o Cal/OSHA Construction Safety Orders, current current amendments edition o Foundations Manual,with current amendments o Bridge Construction Records and Procedures o Quality Assurance Inspection of Field Welding Manual, current edition Manual, current edition o City of Cathedral City Quality Assurance o Storm Water Quality Handbooks, current editions Program(QAP) o Sample Contractor's Water Quality(SAP) o Caltrans Standard Specifications, 2010 edition o Construction General Permit o Caltrans Standard Plans, 2010 edition o Coachella Valley State Implementation Plan(CVSIP) o Greenbook, 2015 edition for PM-10 o American Institute of Steel Construction(AISC) Manual Note:Deputy Resident Engineer is identified as DRE in the following scope document. TASK 1.0 PROJECT MANAGEMENT TYLI Resident Engineer shall organize and develop a Project Development Team (PDT). Members of the PDT shall include TYLI Construction Management Resident Engineer, DRE, Design Project Manager, Inspectors (as required), Subconsultants(as required), and members of the City of Cathedral City. TASK 1.1 MONTHLY PROGRESS REPORTS TYLI shall prepare progress reports to record the development of the construction project and as supporting data for monthly invoices presented to the City of Cathedral City.The Progress Report shall include accomplished tasks for the month,anticipated progress for the next month,pending issues,a list of Contract Change Orders(CCO),and a list of Notice of Potential Claims(NOPC)(if any),any financial updates on the Contractor's work and TYLI's contract, and schedule completion target dates. DELIVERABLES: TYLI shall deliver progress reports with the monthly invoices. TASK 2.0 PRE-CONSTRUCTION SERVICES TASK 2.1 CONSTRUCTABILITY REVIEW TYLI DRE shall perform a "third" party constructability review of the contract plans, specifications, and estimate according to Caltrans Constructability Reviews process prior to the pre-construction conference.TYLI shall perform an independent check of the quantities,review specifications for compatibility with plans and estimate,and validate estimate for realistic prices, errors, and/or omissions. TYLI shall also review plans specifically checking staging, utility conflicts, adequate access for construction,whether construction details are complete and buildable,among other items. DELIVERABLES: TYLI shall provide a checklist identifying compliance, errors and/or omissions in the plans, specifications and estimate with recommendations for correction. Plans shall be returned to the original Designer with mark-ups and comments. Specifications will be flagged where appropriate with explanations of omissions, errors, and suggested corrections. TVLIINTERNATIONAL �,� A-2 • • CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER `' TASK 2.2 PROJECT WALK-THROUGH TYLI shall schedule and administer a project walk-through with TYLI team members, City representatives, and design engineers. Deliverable:TYLI DRE shall set up and administer the meeting,take notes during the walk-through and deliver minutes to participants within two(2)days from completing the walk-through. TASK 2.3 REVIEW PROJECT PERMIT REQUIREMENTS TYLI DRE,Assistant Resident Engineer,and other subconsultants shall review the project permit requirements, paying particular attention to any potential impact from the Contractor's plan and schedule. Deliverable:TYLI shall summarize salient points about each permit and discuss any issues with the City of Cathedral City.Time will be allocated at the pre-construction meeting to discuss project permits. TASK 2.4 PROJECT KICK-OFF MEETING TYLI DRE shall schedule and administer a project kick-off meeting with TYLI team members, City representatives, and design engineers.The intent of this meeting will be to discuss the proposed work plan and any special issues and concerns the City would like addressed at the pre-construction meeting. Deliverable: A meeting notice, an agenda, and sign-in sheet shall be prepared for the project kick-off meeting. TYLI Resident Engineer shall contact each member, take notes during the meeting, and deliver minutes to participants within two(2)days after the kick-off meeting. TASK 2.5 PRE-CONSTRUCTION MEETING TYLI DRE shall schedule and conduct a pre-construction meeting with the successful Contractor.TYLI shall contact City representatives, the Contractor, local authorities (i.e., police, fire, etc.), Caltrans Local Assistance, design engineers, and all other interested parties, including applicable utility owners, and subcontractors. Topics will include items such as the Agency's expectations, labor compliance, Equal Employment Opportunity compliance, safety, environmental permits, SWPPP, materials testing and compliance, Contractor submittals and RFIs, encroachment permits,quality control and quality assurance expectations, and payment process. Deliverable: A meeting notice, agenda, and a sign-in sheet shall be prepared for the pre-construction meeting. The meeting agenda will be provided to City representatives five (5) days prior to the meeting to secure concurrence on the topics to be covered.TYLI shall schedule the pre-construction meeting and notify attendees. Action items will be assigned to appropriate personnel with a timeline for completion of tasks.TYLI shall provide meeting minutes to attendees within two(2)days of the meeting. TASK 2.6 PRE-CONSTRUCTION PHOTO DOCUMENTATION TYLI inspectors shall conduct pre-construction photo and video documentation of the existing conditions of the project site. Deliverable:TYLI shall provide the Agency with pre-construction documentation. Copies of disks and videos will be made and inserted into project files on site. TASK 3.0 CONSTRUCTION SERVICES TASK 3.1 PERFORM CONSTRUCTION MANAGEMENT,INSPECTION,AND ADMINISTRATION TYLI shall perform all construction management, inspection, and administration services in accordance with the Project Plans and Specifications, Caltrans Standard Plans and Specifications,the Standard Specifications for Public Works Construction (Greenbook), and the City of Cathedral City requirements as necessary to assure the project meets contract compliance and Federal reimbursement as outlined in the LAPM and the Caltrans Construction Manual.The following is a brief description of some major aspects of this work: Deliverable: Deliverables for each item below will vary depending on the nature of the task.A copy of all deliverable items as a result of the tasks identified below shall be kept in the contract files on-site. TASK 3.1.1 CONTRACT DOCUMENTS,PLANS,SPECIFICATIONS AND PERMITS TYLI DRE and Inspector(s) will have a complete understanding of all contract documents and their application to specific items of work. • •LININTERNATIONAL A-3 4 • • CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER A TASK 3.1.2 ENSURE COMPLIANCE TO SAFETY REGULATIONS,BUILDING CODES,AND CITY ORDINANCES TYLI DRE and Inspector(s)shall verify Contractor's compliance to applicable Construction Safety Orders.Violations shall be recorded, and the Contractor shall be requested to correct unsafe condition(s). A safety diary shall be written for each violation and maintained in the construction files on-site. Under appropriate situations,the project shall be shut down until the Contractor corrects safety violation(s). TASK 3.1.3 DOCUMENT CONTROL FILING TYLI DRE and Office Engineer shall set up and maintain the contract filing system in accordance with the Caltrans Construction Manual and the Local Assistance Procedures Manual. Files shall include, but not limited to, all contracts, plans and specifications and applicable addenda, all correspondence, pre-construction checklists, submittals, Request for Information(RFIs),contract change orders,diaries, monthly progress payments, certificates of compliance, survey requests, all EEO compliance paperwork, permit inspections, material testing diaries, and spreadsheets. TASK 3.1.4 PROJECT PERMITS TYLI DRE, Office Engineer, and Inspector(s) shall maintain a copy of all permits for the project in the construction trailer and in their daily workbooks.TYLI DRE and Inspector(s)shall enforce special requirements of each(if needed) and ensure the Contractor complies with all permit requirements. TASK 3.1.5 COMPILATION OF RECORDS(BOUND WORKBOOKS) TYLI Inspector(s)shall maintain a set of bound documents to track record of quantities constructed,daily and weekly reports, photographs and other items as necessary. TASK 3.1.6 BASELINE SCHEDULE AND SCHEDULE UPDATES TYLI DRE and schedule reviewer,Wade Durant,shall review the baseline Critical Path Method(CPM)schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. Mr. Durant shall review monthly schedule updates and verify accuracy.TYLI DRE shall work with the Contractor to maintain the project schedule to show current conditions and suggest revisions as necessary.TYLI DRE shall review the Contractor's weekly updates(which are to be submitted on the last working day of the week),activity sequences and durations,schedule of submittals and delivery for materials with long-lead time and,provide comments and/or concerns. TASK 3.1.7 DAILY INSPECTION TYLI DRE and Inspector(s)shall perform daily inspection of the Contractor's activities.TYLI shall ensure compliance with contract documents and evaluate, approve or reject the Contractor's and subcontractor's work per contract documents. TYLI shall place the City's interest as top priority throughout the duration of construction. When appropriate,TYLI shall require or make recommendations to the City regarding special inspection or testing of work that may not be in accordance with the provisions of the contract documents (whether such work is fabricated, installed or completed). TASK 3.1.8 DAILY DIARIES TYLI DRE and Inspector(s)shall record all inspection observances on a daily diary form.This information will include, but not limited to job stamp, date,weather, items of work performed, hours of work performed, measurement of items installed,workers'names and classifications, equipment numbers,subcontractor's personnel,conversations, conflicts and resolutions, and if necessary, non-compliance issues. TASK 3.1.9 PHOTO LOG TYLI DRE and Inspector(s)shall prepare and maintain a digital photographic history of the progress of the project. Photos will include existing conditions prior to construction,work-in-progress, disputed work and issues of contract non-compliance, work that may have been duplicated, replaced or removed, SWPPP and PM-10 violations, extra and completed work. TASK 3.1.10 TRACKING CONSTRUCTION MATERIALS TYLI DRE and Inspector(s) shall track the Contractor's materials by certificates of compliance or by Caltrans source inspection release tags.TYLI Office Engineer shall file and certifications appropriately. TASK 3.1.11 TRAFFIC CONTROL PLANS TYLI DRE and Inspector(s)shall administer the implementation of the project's traffic control plan(TCP)and perform weekly review for conformance to the approved plan. TYLI Inspector(s) shall review traffic control devices during • •LININTERNATIONALN A-4 IN CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER itt the daytime and nighttime to verify effectiveness. TCP will consider emergency response vehicles. TASK 3.1.12 SUBMITTAL REVIEW TYLI Office Engineer shall receive, stamp with date received, and track all Contractor's, subcontractors', and any independent party submittals, shop drawings, project data, and samples. A log will be used to identify submittal name, responsible party, review party, and whether date was met. The log will be distributed at weekly progress meetings. TYLI DRE shall coordinate directly with the design engineer for review of submittals designated for the designer.The need for expeditious review of submittals will be stressed at the weekly progress meetings. Submittals shall include but are not limited to: o Contractor's Injury and Illness Prevention Plan o Scaffolding design (IIPPP) o Shoring design o Contractor's equipment list o Pile placement plan o Stormwater Pollution Prevention Plan (SWPPP) o Sewer Relocation Plan o Mix designs(i.e., Portland Cement Concrete, o Welding Quality Control Plan (WQCP) Hot Mix Asphalt) o Painting Quality Control Plan (PQCP) o Notice of Materials to be Used o Temporary support plan o Notice of Materials to be Tested o Traffic Management Plan o Falsework design o Utility Coordination Plan TASK 3.1.13 LABOR COMPLIANCE/EQUAL EMPLOYMENT OPPORTUNITY/ PREVAILING WAGE DISADVANTAGED BUSINESS ENTERPRISE TYLI subconsultant Dynamic Engineering Services Inc. (DESI), shall assist the DRE with enforcing contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity (EEO), Prevailing Wage, and DBEs according to the LAPM.This shall include documenting workers'names and classifications,and the work and hours performed on each task. DESI shall receive the Contractor's, subcontractors', and equipment rental companies'certified payrolls on a weekly basis and ensure that applicable Davis-Bacon or State prevailing wage,as referenced in the Special Provisions, is adhered to. DESI shall track work and hours performed by DBE subcontractors and monthly progress payments to include work done by DBE subcontractors. TYLI Inspector(s) shall spot check EEO interviews, maintain written evidence of apprentices employed on the project,and ensure that the Contractor has posted all required posters, notices, and wage determinations at the job site. DESI shall cross reference reports, interviews, payrolls and wage rates to determine Contractor and subcontractor compliance. TASK 3.1.14 COORDINATE AND MONITOR ALL INSPECTION ACTIVITIES TYLI DRE shall coordinate and monitor all inspection activities including TYLI inspector(s), specialty inspectors, permit inspectors, and necessary inspections from additional agencies involved in the project. TYLI Resident Engineer shall track costs of inspection and provide updates to the City on a monthly basis with a monthly invoice. TASK 3.1.15 DAILY/WEEKLY DIARIES AND REPORTS TYLI DRE shall prepare a weekly diary.The diary shall include the Contractor's activities on a daily basis,working day identification, percent project complete and remaining, conversations and agreements with the Contractor's superintendent and foremen, resolutions of conflicts, and any other important facts not specifically covered elsewhere in the contract records.TYLI DRE shall also provide weekly status reports to the City as required. TASK 3.1.16 WEEKLY STATEMENT OF WORKING DAYS TYLI DRE shall create a Weekly Statement of Working Days (WSWD) spreadsheet and submit to the Contractor on a weekly basis. The WSWD form shall be in the Caltrans format and shall note the controlling operations and track working days, non-working days, holidays,inclement weather,working days in which no work was performed, time extensions, percent time complete,and percent work complete. TASK 3.1.17 COORDINATION WITH CITY ENGINEER AND OTHER CITY DEPARTMENTS TYLI DRE shall coordinate with the City Engineer and other applicable City representatives to discuss project progress, issues,and costs prior to weekly progress meetings. TASK 3.1.18 WEEKLY CONSTRUCTION PROGRESS MEETINGS 111 T LININTERNATIONAL fly ummaNNIEN A-5 • • ■ CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER A TYLI DRE shall conduct weekly coordination meetings with the Contractor, City representatives, Design Engineer, subconsultants, local business owners, applicable utility representatives, and others as necessary. Topics shall include upcoming work, schedule, utility coordination, issues of non-compliance (if necessary), change orders, and tracking of submittals.TYLI Office Engineer shall prepare and distribute meeting minutes. TASK 3.1.19 COORDINATION MEETINGS WITH PROPERTY OWNERS AND BUSINESS TYLI DRE shall meet as-needed with local businesses, residents, and property owners to discuss the project, to explain the schedule, and to address any concerns. TYLI shall maintain an open-door policy and meet with the general public as needed regarding street construction and make recommendations to address their concerns. TASK 3.1.20 REQUEST FOR INFORMATION TYLI DRE shall receive, record, review and respond to all RFIs submitted by the Contractor.TYLI DRE shall submit to third party for review, if necessary. Response times will be determined and adhered to. TASK 3.1.21 CHANGE REQUESTS/CONTRACT CHANGE ORDERS/TRANSMITTAL LETTERS TYLI DRE shall receive, record,and review the Contractor's Requests for Changes.All requests will be reviewed for merit and discussed with City Management. TYLI DRE shall negotiate with the contractor and submit recommendations to the City supported by field data related to any additional work. If a change is warranted,TYLI DRE shall create a CCO and Transmittal Letter per the Caltrans Contract Change Order Manual, or the City of Cathedral City's established forms.TYLI DRE shall receive the City's approval prior to submitting to the Contractor. TYLI DRE and Inspector(s) shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO work performed in the respective month. TASK 3.1.22 COORDINATE MATERIALS TESTING AND INSPECTION/SURVEY SERVICES TYLI DRE shall coordinate and monitor all materials testing and construction surveying services. Survey requests will be required by the Contractor 48 hours prior to need for staking. Materials testing reports will be reviewed and initialed by TYLI DRE and maintained in the project files. TASK 3.1.23 PREPARATION OF MONTHLY PROGRESS ESTIMATES TYLI DRE and Office Engineer shall prepare Monthly Progress Estimates to summarize payment to the Contractor for the work performed.TYLI DRE shall prepare supporting documents for each item of work to be paid.Documents shall include at a minimum items to be paid,amount of items to be paid, calculation of material placed, certificates of compliance or release tags, names of individuals creating and verifying the document, and date. A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval,and processing.The Monthly Progress Estimates shall include any CCO work. TASK 3.1.24 MONITOR CONSTRUCTION COSTS TYLI DRE shall track construction costs monthly. Excel spreadsheets shall be created and used to monitor payment on each item of work. These spreadsheets shall be updated on a monthly basis. Contingency balance will be monitored and updated after each CCO or after each Monthly Progress Estimate. TASK 3.1.25 WATER POLLUTION CONTROL PROGRAM COMPLIANCE TYLI DRE and Inspector(s) shall inspect the project site and monitor the Contractor's compliance with the Best Management Practices(BMP)per Caltrans Handbooks and Contractor's Water Quality Sampling and Analysis Plan (SAP). TYLI DRE shall monitor the weather forecast during storm seasons and ensure Contractor's compliance for pre-storm, storm event, and post storm requirements. Proper handling and storage of non-visible pollutants shall be enforced. TASK 3.1.26 PM-10 COMPLIANCE TYLI DRE and Inspector(s) (holding Coachella Valley Fugitive Dust Certificates) shall inspect the project site and monitor the Contractor's compliance with BMPs in accordance with the Coachella Valley State Implementation Plan. TYLI Inspector(s)shall monitor the Contractor's fugitive dust control plan and verify the Contractor utilizes approved haul routes in accordance with the TCP and PM-10 requirements. TASK 3.1.27 NOTICE OF POTENTIAL CLAIMS/CLAIMS RESOLUTION TYLI DRE shall review any NOPCs submitted by the Contractor for merit and conformance to requirements in the Special Provisions. TYLI DRE shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, fighting protests, potential claims, and claims. Proper •LININTERNATI®NAL if ; A-6 ■ ■ ■ CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER A documentation will be created to establish a chain of events in the claims process. TASK 3.1.28 CREATE PUNCH LISTS AND ENSURE COMPLIANCE TYLI DRE and Inspector(s) shall create punch lists throughout the construction process after each item of work is complete. Punch lists shall include items that need to be corrected or amended. TYLI Inspector(s) shall meet with the Contractor's personnel regularly to monitor completion of punch list items.Completion of punch list items shall be a topic at the weekly construction progress meetings. TASK 3.1.29 AS-BUILT PROJECT SCHEDULE TYLI DRE and Inspector(s)shall maintain an as-built project schedule to assist in disputes and request for time due to impacts. TASK 3.1.30 RECORD DRAWINGS TYLI Inspector(s)shall always maintain a copy of'red-mark' plans in the construction trailer to track changes to the contract plans,additions and deletions through CCOs, utilities that were incorrectly identified, and additional items that must be identified on the final record drawings. TASK 3.1.31 MAINTAIN TYLI TRAINING PROGRAM TYLI DRE shall maintain TYLI's Construction Management (CM) training program during the construction of Cathedral Canyon Drive Bridge at Whitewater River. This shall include recertification of traffic control, confined spaces,fall protection, and trenching/shoring safety classes.Training shall also include the latest updates to LAPM and CPM scheduling software.TYLI shall invite the City of Cathedral City and other interested agencies to training. TASK 3.1.32 COORDINATION WITH THE TRIBAL HISTORIC PRESERVATION OFFICE TYLI DRE shall contact and coordinate with the Tribal Historic Preservation Office to arrange cultural monitoring. TASK 3.1.33 SUBCONTRACTING REQUEST FORMS TYLI DRE shall review and approve Subcontracting Request forms Exhibit 16-B of the LAPM.After approval,TYLI DRE shall provide copies to the Contractor and to the City of Cathedral City. TASK 3.1.34 DESERT WATER AGENCY TYLI DRE and Inspector(s)shall monitor and document domestic water or sanitary sewer improvements for compliance with the project plans and specifications and for any requirements from the Desert Water Agency. TASK 4.0 POST-CONSTRUCTION TYLI shall perform all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in the Caltrans LAPM.TYLI shall deliver all equipment manuals,special equipment, spare parts, catalogs,and other material required by the specifications.The following is a brief documentation of some major aspects of this work: TASK 4.1 FINAL WALKTHROUGH TYLI DRE and Inspector(s) shall administer and coordinate final inspections for the project. Participants in final inspection walkthroughs will at least include the Contractor's Superintendent and may involve the City Project Manager, City Inspectors, and Maintenance representatives. Meetings may be required for this task. Deliverable:TYLI DRE shall prepare a list of items to be inspected to the City for review.Additional items provided by the City will also be included in the list. TYLI shall submit the list of items to be inspected to all participants prior to meeting.TYLI DRE shall establish meeting times, notify participants, and conduct the meetings. TASK 4.2 CORRECTION AND COMPLETION OF WORK TYLI DRE and Inspector(s)shall coordinate the correction and completion of all work on the project. Deliverable:TYLI DRE shall submit a list of items that remain for correction.TYLI DRE shall monitorthe completion of work and provide updates to the City. TASK 4.3 SUBSTANTIAL COMPLETION T•YL ININTERNATIONAL ir, A-7 • • • CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER A TYLI DRE shall assist the City in determining when the project, or a designated portion thereof, is substantially complete.TYLI DRE shall obtain evidence of certification of all lien releases, make recommendations for the release of retention, issue the notice of substantial completion,and process the Notice of Completion. Deliverable:TYLI DRE shall prepare for the City a status summary of the Contractor's work,listing changes in the previously issued certificates of substantial completion of the work.TYLI DRE shall recommend times within which the Contractor shall complete items on the certificate of substantial completion of work.TYLI DRE shall assist the City with filing the project Notice of Completion. TYLI shall administer and arrange final inspections as well as coordinate any startup requirements. TASK 4.4 ITEM CLOSE-OUT TYLI DRE and Inspector(s)shall close out and balance all contract items. Item overruns and underruns will be resolved with the Contractor. CCOs to adjust item prices will be created, if necessary. Deliverable:TYLI DRE shall submit a list of item overruns and underruns to the City.TYLI DRE shall submit a CCO for approval by the City to adjust item prices as required. TASK 4.5 CLAIMS REPORT TYLI DRE shall prepare a Claims Report for each outstanding claim that is unresolved at the end of the construction project. Claims Report shall be in accordance with Section 2-70, "Protests, Potential Claims, and Claims," of the Caltrans Construction Manual.TYLI DRE shall endeavor to avoid claims during construction.For unavoidable claims, TYLI DRE shall focus on resolving any and all claims prior to completion of the project. Deliverable:TYLI DRE shall submit a Claims Report for each claim for review by the City and Caltrans. TASK 4.6 PROPOSED FINAL ESTIMATE TYLI DRE shall prepare the Proposed Final Estimate.This document shall be provided after resolution of any construction claims. Deliverable:TYLI DRE shall submit a Proposed Final Estimate to the Contractor for acceptance.TYLI DRE shall also submit the Proposed Final Estimate to the City and Caltrans. TASK 4.7 PROJECT RECORD TYLI DRE shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all Contract Change Orders, a list of Construction Claims and the result of each after resolution,and a photo documentation of the construction. Deliverable:TYLI DRE shall submit a Project Report to the City. TASK 4.8 RECORD DRAWINGS TYLI DRE and original structure designer shall prepare a set of original structure tracings with as-built corrections in accordance with Chapter 18 of the Caltrans LAPM. As-built plans for roadway items shall be in accordance with City standards. Deliverable:TYLI DRE shall submit structure and roadway Record Drawings to the City and Caltrans. TASK 4.9 TRANSITION PROJECT TO CITY MAINTENANCE TYLI DRE shall meet with City Maintenance representative for a project review. Upon acceptance,TYLI DRE shall coordinate the transfer of the project to City Maintenance per LAPM. • •LININTERNATIONAL �,�" A-8 • I CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER tit TASK 5.0 SURVEY SERVICES TYLI subconsultant for survey services (Construction Surveyor), MSA Consulting, Inc. (MSA), shall perform this task in accordance with Chapter 12 of the Caltrans Survey Manual, and in accordance with what is identified in the City of Cathedral City RFP for the Cathedral Canyon Drive Bridge project. Specific surveying services MSA will provide are: o Mobilization o Storm Drain Structures o Ongoing Survey Control Update and Maintenance o Bent and Abutments o Survey Monument Preservation o Channel Lining o Clearing Limits and Demo Limits o Street Improvements o Temporary Bypass Road o Bridge Deck and Layout Control o Utility Relocations o Bridge Deck Drains o Rough Grading and Overex o Finish Grading o Storm Drain Piping Deliverable:TYLI Subconsultant shall submit survey sheets to TYLI DRE for review,approval,signature, and placement in the contract files. TYLININTERNATIONAL IIiimulammommA_9 • CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER TASK 6.0 MATERIAL INSPECTION AND TESTING TYLI subconsultant for material inspection and testing services, SCST, Inc. (SCSI), shall provide quality assurance inspection and testing of materials used in construction to verify the Contractor's compliance with applicable standards and in accordance with the City's approved Quality Assurance Program, and Chapter 3, "Control of Materials"and Chapter 6,"Sample Types and Frequencies"of the Caltrans Construction Manual and in accordance with what is identified in the City of Cathedral City RFP for the Cathedral Canyon Drive Bridge Project. SCST shall provide initial"Samples and Tests"on materials proposed for use and"Acceptance Tests" on materials that will be incorporated in the project. Sampling shall begin as soon as material is delivered or is in place. SCST shall continue sampling as construction progresses. Deliverable: SCST shall submit tests reports to TYLI DRE for review, approval, signature, and placement in the contract files. Non-complying test results shall be brought to the TYLI DRE's attention immediately. SCST shall create spreadsheets to track testing frequencies, results, and retests (if necessary) and provide these spreadsheets to TYLI DRE for review and approval. SCST shall track and document time allotted to retests. TASK 6.1 CALTRANS CERTIFIED LABORATORY SCSI shall conduct all testing in a Caltrans Certified Laboratory,or equivalent.All sampling and testing shall be done by personnel and laboratory with the appropriate accreditation for the testing and sampling designated to perform. SCST shall provide and submit proof of appropriate accreditation for approval by the City. TASK 6.2 QUALIFIED TECHNICIAN(ROADWAY) SCSI shall provide a qualified technician as necessary to conduct density tests on roadway subgrade, aggregate base,asphalt concrete,slope fill and trench backfill placement as required.Tests shall be performed with a nuclear densometer in accordance with ASTM D2922 or sand cone in accordance with ASTM D1556. Maximum density tests shall be performed at the job-site,unless otherwise approved by the City Engineer. Maximum density curves(ASTM D1557) shall be performed on various material types as they are encountered. Marshall density tests shall be performed on asphalt concrete placed. TASK 6.3 ACI-CERTIFIED TECHNICIAN(MINOR CONCRETE) SCST shall provide an ACI-certified technician to make sets of cylinders as-needed and perform slump tests for the curb,gutter, concrete drainage devices, channel slope paving and other minor concrete as necessary. TASK 6.4 CONCRETE CYLINDERS(BRIDGE STRUCTURE CONCRETE) SCSI shall perform compression strength tests on concrete cylinders in accordance with ASTM C39 for bridge structure concrete. TASK 6.5 EXTRACTION/GRADATION TESTS ON ASPHALT CONCRETE SCST shall perform extraction/gradation tests in accordance with ASTM D2172/C136 on the asphalt concrete placed. TASK 6.6 RECORDS OF SAMPLES AND TESTS SCST shall keep records of all samples and tests in the project files as permanent job records.Materials incorporated into the project, represented by failing tests, must be documented in the project files also. Test results shall cite applicable contract requirements, test and/or analytical procedures used. SCSI shall provide actual results and include a statement that the item tested or analyzed conforms or fails to conform to specified requirements. Test results shall be signed by a testing laboratory representative authorized to sign certified documentation and forward to the City of Cathedral City. SCST shall maintain a rework items list of work performed that does not comply with the contract. The Contractor shall also be responsible for including on this list, items needing rework including those identified by the DRE. TASK 6.7 TESTING PLAN AND LOG Testing Plan and Log shall be maintained by SCST.The QC Manager shall record on the"Test Plan and Log"the date the test was conducted, the date test results were forwarded to the DRE, remarks and acknowledgment that an accredited,or Engineer approved,testing laboratory was used.A copy of the updated"Test and Log"to the last daily Contract Quality Control Report of each month. TASK 6.8 PROJECT CERTIFICATION/MATERIALS CERTIFICATION • YLININTERNATIONALII A-10 CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER itt SCST shall send materials certification memorandum to the City Engineer, City of Cathedral City, upon completion of the project. SCST shall file a copy of the memorandum in the project files and note all non-forming materials on the memorandum. This includes materials accepted at reduced pay factors. A California licensed engineer shall sign the materials certification memorandum. TASK 6.9 NON-COMPLIANCE RESULTS OF MATERIALS Any non-compliance results of materials shall be reported to the City of Cathedral City's Construction Administrator and the City Project Inspector within twenty-four(24) hours from the time of sampling. Non-compliance results of materials shall also be reported to the City's Construction Manager within twenty-four(24) hours of sampling. TASK 7.0 BIOLOGICAL MONITORING TYLI subconsultant, ECORP, shall review and interpret environmental regulatory requirements and conduct field inspections and audits of ongoing construction operations and records as necessary to ensure compliance with regulatory agency permit requirements. The Consultant shall have the capability and be prepared to liaison with the City's environmental personnel along with local, state, and federal regulatory inspectors. The Consultant shall also assist the Office Engineer in coordinating any external audits that may be performed by regulatory agencies. Refer to the Cathedral Canyon Drive Bridge Project Mitigation Monitoring and Reporting Program for specific monitoring and training requirements. The Consultant shall also observe and document Contractor compliance with the MMRP during routine survey visits. Deliverable: ECORP will submit diaries to TYLI's DRE for review,approval,signature,and placement in the contract files.Actions of non-compliance will be immediately brought to the DRE's attention. TASK 8.0 PUBLIC OUTREACH TYLI, in coordination with our subconsultant, MBI Media (MBI), will develop an outreach plan, prepare collateral materials to be distributed, create a project webpage and connect to the City's website to provide multiple sources for the general public to gain access information about the Cathedral Canyon Drive Bridge Improvement Project and provide social media updates. In addition, TYLI in coordination with its subconsultant and the City will lease a construction webcam and connect a real-time video stream to the project webpage and the City's website,to allow City officials and the public to observe construction of the bridge remotely. Deliverable:TYLI and MBI will develop an outreach plan, prepare collateral materials, create a project webpage in accordance with the City's review and approval. And provide social media updates. TYLI subconsultant will monitor the website and update project information and construction photos. TYLI and MBI, in accordance with the City, will lease a construction webcam that is compatible with the City's website to allow real-time video streaming of construction. TASK 9.0 CIDH PILE ACCEPTANCE TESTS (LISTED IN COST PROPOSAL AS ANOTHER DIRECT COST [ODC]) TYLI subconsultant, EarthSpectives, for CIDH pile acceptance tests will evaluate the homogeneity of the concrete within the piles through gamma-gamma logging (GGL). Testing will be performed in accordance with project specifications and California Test Method 233.Testing will include lowering of 4.6 feet and 1.25-inch diameter probe to the bottom of each inspection tube and measuring the density of the concrete in close proximity of the inspection tubes at 0.1 feet intervals along the full length of the pile. If anomalies are detected by GGL testing, additional investigation of the pile(s)can be obtained through cross-hole sonic logging(CSL). Deliverable: EarthSpectives will perform GGL testing and provide the results of each pile to TYLI's DRE. Upon receipt and review of GGL information, TYLI DRE will provide the information to the Structures Designer and Geotechnical Engineer of Record for review and discussion. If CSL is required at pile(s),the results of CSL testing will also be provided to TYLI's DRE,and subsequently the Structures Designer and Geotechnical Engineer in order to determine the acceptance of each pile, or the need for a mitigation plan to repair or replace specific piles. TYLININTERNATIONAL I,� A-11 CATHEDRAL CANYON DRIVE BRIDGE AT WHITEWATER RIVER I TASK 10.0 ELECTRICAL INSPECTION TYLI subconsultant, DESI, will provide inspection of electrical facilities relating to street lighting along the roadway and on the bridge and within the bridge railing. Inspection will also include ADA compliance associated with curb ramps, pedestals and walkways. DESI Inspector will coordinate with City's electrical inspectors. Deliverable: DESI will submit diaries to TYLI's DRE for review,approval,signature,and placement in the contract files.Actions of non-compliance will be immediately brought to the DRE's attention. TASK 11.0 SOURCE INSPECTION QUALITY MANAGEMENT TYLI subconsultant, ZT Consulting Group, Inc. (ZTC), will create a Source Inspection Quality Management Plan (SIQMP), and provide source inspection management of PTFE bearings (fabrication inspection and witnessing performance testing)and post-tensioning stressing strands(sampling,testing,and releasing).The source inspection quality assurance program for this project shall meetthe requirements ofthe project,CFR Title 23,Cathedral City QAP, and Caltrans LAPM. Deliverable:TYLI subconsultant will create and implement a SIQMP,review Contractor's Welding Quality Control Plan (WQCP),facilitate pre-operation meetings relating to fabrication and provide inspection reports for Quality Assurance(QA) reviews of fabrication of PTFE bearings and post-tensioning strands. TYLININTERNATIONAL �, 11111111111111111111111111. 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Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended.Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + 2% _ $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: 1. This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase,the# of years of the contract,and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable. (i.e.$250,000 x 2% x 5 yrs=$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 Exhibit 10-H1 Cost Proposal Escalation Increase Worksheet Addendum to Page 2 Consultant: T.Y.Lin International Name Actual Hourly Rate Hours Total Joseph Smith $112.11 84 $ 9,417.24 John Buckley $89.05 3352 $ 298,495.60 Lila Saremi $48.41 2832 $ 137,097.12 Wade Durant $86.98 88 $ 7,654.24 2020 Escalation Actual Rate Amount of Rate Hours 2020 Total Total Escalation Name x 4%Escalation Increase Escalation Loaded Rates Joseph Smith $116.59 $4.48 1 $4.48 John Buckley $92.61 $3.56 2000 $7,124.00 Lila Saremi $50.35 $1.94 2000 $3,872.80 Wade Durant $90.46 $3.48 1 $3.48 2020 Total Escalation $11,004.76 $26,605.99 2021 Escalation-Assumed End Date July 2021 2020 Actual Rate Amount of Rate Hours 2021 Total Name x 4%Escalation Increase Escalation Joseph Smith $121.26 $4.66 1 $4.66 John Buckley $96.32 $3.70 1152 $4,267.56 Lila Saremi $52.36 $2.01 1152 $2,319.96 Wade Durant $94.08 $3.62 1 $3.62 2021 Total Escalation $6,595.81 $ 15,946.54 TOTAL ESCALATION OF ACTUAL RATES $17,600.57 $42,552.53 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement, Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: F.R. Clark Fernon Title *: Vice President F.R. Clark Fernon 04/22/2019 Signature : � , ( c 2019.04.22 Date of Certification(mm/dd/yyyy): clark.fernonn lin.COTTI'17:58-07'00' (619) 692-1920 Email: V Phone Number: Address: 404 Camino del Rio South, Suite 700, San Diego, CA 92108 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Management and Inspection Services Page 3 of 9 January 2018 Local Assistance Procedures Manual Exhibit 10-H Cost Proposal EXHIBIT 10-H COST PROPOSAL(EXAMPLE#1) PAGE 1 OF 2 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (CONSTRUCTION MANAGEMENT SERVICES) Sub Consultant Dynamic Engineering Services,Inc. Contract No. Date 4/15/2019 DIRECT LABOR Classification/Title Name hours Actual Hourly Rate Total Electrical Inspctor John Kannor 268 $60.00 $16,080.00 Labor Compliance Offier Chia-Chi Wang 180 $67.00 $12,060.00 $0.00 $0.00 $0.00 TOTAL 448 $28,140.00 LABOR COSTS a) Subtotal Direct Labor Costs $28,140.00 b) Anticipated Salary Increases(see page 2 for sample) $317.98 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $28,457.98 FRINGE BENEFITS d) Fringe Benefits (Rate: 46.94% ) e)Total Fringe Benefits [(c)x(d)] $13,358.18 INDIRECT COSTS f) Overhead (Rate: 144.17% g)Overhead[(c)x(f)] $41,027.87 h) General and Administrative (Rate: ) i)Gen&Admin[(c)x(h)] $0.00 j)Total Indirect Costs[(e)+(g)+(i)] $54,386.05 FEE(Profit) q) (Rate: 10.00% ) k)TOTAL FIXED PROFIT[(c)+(j)]x(q)] $8,284.40 OTHER DIRECT COSTS(ODC) Description QNTY Unit Unit Cost Total I) Travel/Mileage Costs(supported by consultant 9602.7 Mile $0.58 $5,569.57 actual costs) $0.00 Binder 10 EA $8.00 $80.00 m) Materials Lab Testing $0.00 n) QA Source Inspection Testing $0.00 o) Subconsultant Costs(attach detailed cost proposal in same format as prime consultant estimate for each subconsultant) $0.00 p)Total Other Direct Costs[(1)+(m)+(n)+(o)] $5,649.57 TOTAL COST[(c)+(j)+(k)+(p)] $96,778.00 NOTES: • Employees subject to prevailing wage requirements to be marked with an*. • ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered"tools of the trade"are not reimbursable. • ODC items should be consistently billed directly to all clients,not just when client will pay for them as a direct cost. • ODC items when incurred for the same purpose,in like circumstances,should not be included in any indirect cost pool or in overhead rate. LPP 15-01 January 14,2015 Local Assistance Procedures Manual Exhibit 10-H Page 2 of 2 EXHIBIT 10-H COST PROPOSAL (EXAMPLE#1) PAGE 2 OF 2 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant Dynamic Engineering Services,Inc. Contract No. Date-4/15/2019 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration $28,140.00 448 = $62.81 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $62.81 + 4% _ $65.33 Year 2 Avg Hourly Rate Year 2 $65.33 + 4% _ $67.94 Year 3 Avg Hourly Rate Year 3 + 4% = $0.00 Year 4 Avg Hourly Rate Year 4 + 4% = $0.00 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated% Total Hours Total Hours Completed Each Year per Cost Proposal per Year Year 1 71.75% * 448.0 = 321.4 Estimated Hours Year 1 Year 2 28.25% * 448.0 = 126.6 Estimated Hours Year 2 Year 3 0.00% * 0.0 = 0.0 Estimated Hours Year 3 Year 4 0.00% * 0.0 = 0.0 Estimated Hours Year 4 Year 5 0.00% * 0.0 = 0.0 Estimated Hours Year 5 Total 100% Total = 448.0 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Year 1 $62.81 * 321 = $20,190.45 Estimated Hours Year 1 Year 2 $65.33 * 127 = $8,267.53 Estimated Hours Year 2 Year 3 $0.00 * 0 = $0.00 Estimated Hours Year 3 Year 4 $0.00 * 0 = $0.00 Estimated Hours Year 4 Year 5 $0.00 * 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $28,457.98 Direct Labor Subtotal before Escalation = $28,140.00 Estimated total of Direct Labor Salary Increase = $317.98 Transfer to Page 1 NOTES: • This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase, the#of years of the contract,and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable. (i.e.$250,000 x 2% x 5 yrs=$25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. LPP 15-01 January 14,2015 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual, reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 -Procurement, Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Chia-Chi Wang Title*:President Signature , 11'190 -011- Date of Certification(mm/dd/yyyy): 04/01/2019 Email: ccwang@dynami si.COt71 Phone Number: 951-892-1420 Address: 11762 De Palma Road, Suite 1C88, Corona, CA 92883 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Inspection and Labor Compliance Monitoring Page 3 of 9 January 2018 m. Local Assistance Procedures Manual Exhibit 10-HI Cost Proposal EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3 Cathedral Canyon Drive at Whitewater River (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed 0 Prime Consultant 0 Subconsultant 0 2nd Tier Subconsultant Consultant ECORP Consulting,Inc. Contract No. Date 1-Apr-19 DIRECT LABOR Classification/Fide Name Hours Actual Hourly Rate Total Principal Scott Taylor 24.0 $43.12 $1,034.88 Environmental Compliance Lead Brad Haley 47.0 $43.01 $2,021.47 Biological Monitor Phillip Wasz 158.0 $31.88 $5,037.04 Archaeologist Wendy Blumel 13.0 $35.75 $464.75 Biological Monitor Lauren Simpson 180.0 $25.41 $4,573.80 Biological Monitor Taylor Dee 12.0 $20.00 $240.00 Biological Monitor Torrey Rotellini 14.0 $18.50 $259.00 GIS/Mapping Specialist Marc Guidry 10.0 $36.00 $360.00 QA/QC Manager Brant Brechbiel 2.0 $72.12 $144.24 Contracts/Project Accounting Jackie McComas 6.0 $27.14 $162.84 LABOR COSTS 466.0 a) Subtotal Direct Labor Costs $14,298.02 b) Anticipated Salary Increases(see page 2 for sample) . a $228.77 c)TOTAL DIRECT LABOR COSTS[(a)+(b)]; , $14,526.79 FRINGE BENEFITS d) Fringe Benefits (Rate: 60.76% ) e)Total Fringe Benefits [(c)x(d)] $8,826.48 INDIRECT COSTS 1) Overhead (Rate: 45.79% ) g)Overhead[(c)x(f)]r $6,651.82 h) General and Administrative (Rate: 91.12% ) i)Gen&Admin[(c)x(h)]< $13,236.81 j)Total Indirect Costs[(e)+(g)+(i)] $28,715.10 FEE(Profit) q) (Rate: 10.00% ) k)TOTAL FIXED PROFIT[(c)+(j)]x(q)] $4,324.19 OTHER DIRECT COSTS(ODC) Description Unit(s) Unit Cost Total 1) Travel/Mileage Costs(supported by consultant actual costs) Misc. 1 $204.92 $204.92 Mileage 5000 $0.58 $2,900.00 Shipping 5 $15.00 $75.00 Lodging 5 $120.00 $600.00 0 $0.00 $0.00 0 $0.00 $0.00 m) Subconsultant Costs(attach detailed cost proposal in same format as prime consultant estimate for Subconsultant I: $0.00 Subconsultant 2: $0.00 Subconsultant 3: $0.00 Total Subconsultant Costs $0.00 p)Total Other Direct Costs[(I)+(m)+(n)+(o)], $3,779.92 TOTAL COST[(c)+(j)+(k)+(p)] $51,346.00 • Employees subject to prevailing wage requirements to be marked with an'. ODC items should be based on actual costs and supported by historical data and other documentation. • ODC items that would be considered"tools of the trade"are not reimbursable. • ODC items should be consistently billed directly to all clients,not just when client will pay for them as a direct cost. • ODC items when incurred for the same purpose,in like circumstances,should not be included in any indirect cost pool or • in overhead rate. LPP 15-01 January 14,2015 Local Assistance Procedures Manual Exhibit 10-HI EXHIBIT 10-H1 COST PROPOSAL PAGE 2 OF 3 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant ECORP Consulting,Inc. Contract No. Date 1-Apr-19 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration $14,298.02 466.0 = $30.68 Year I Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $30.68 + 0% _ $30.68 Year 2 Avg Hourly Rate Year 2 $30.68 + 4% _ $31.91 Year 3 Avg Hourly Rate Year 3 $31.91 T 0% _ $31.91 Year 4 Avg Hourly Rate Year 4 $31.91 + 0% _ $31.91 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated% Total Hours Total Hours Completed Each Year per Cost Proposal per Year Year 1 6000% * 466.0 = 279.6 Estimated Hours Year 1 Year 2 40.00% * 466.0 = 186.4 Estimated Hours Year 2 Year 3 0.00% * 466.0 = 0.0 Estimated Hours Year 3 Year 4 0.00% * 466.0 = 0.0 Estimated Hours Year 4 Year 5 0.00% * 466.0 = 0.0 Estimated Hours Year 5 Total 100% Total = 466.0 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Year I $30.68 * 280 = $8,578.81 Estimated Hours Year 1 Year 2 $31.91 * 186 = $5,947.98 Estimated Hours Year 2 Year 3 $52.02 * 0 = $0.00 Estimated Hours Year 3 Year 4 $53.06 * 0 = $0.00 Estimated Hours Year 4 Year 5 $54.12 * 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $14,526.79 Direct Labor Subtotal before Escalation = $14,298.02 Estimated total of Direct Labor Salary Increase = $228.77 Transfer to Page I NOTES: • This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase, the#of years of the contract,and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable. (i.e.$250,000 x 2%x 5 yrs=$25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. January 14,2015 LPP 15-01 Local Assistance Procedures Manual Exhibit 10-HI EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual, reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifvina: Name: Brant Brechbiel / Title*: Vice President/CCO Signature: F ''flJ Date of Certification(mm/dd/yyyy): 04/01/2019 Email: Phone Number: (714)648-0630 bbrechbiel@,ecoipconsulting.com Address: 1801 Park Court Place,B-103,Santa Ana,CA 92701 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Environmental Compliance Monitoring LPP 15-01 January 14,2015 EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed ❑Prime Consultant ®Subconsultant ❑2nd Tier Subconsultant Consultant FALCON Engineering Serivices,Inc. Project No. City Project No.8919 Contract No. Date: 4/16/2019 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Asst.Structures Rep Alex Naime,PE 2310.185 $83.50 $192,900.48 Roadway Inspector Zaid Afanan,PE 0 $70.50 $0.00 SWPPP/Safety Inspector Dion Castro,ToR 92 $75.00 $6,900.00 $0.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $199,800.48 b) Anticipated Salary Increases $0.00 c)TOTAL DIRECT LABOR COSTS [(a)+(b)] $199,800.48 INDIRECT COSTS d) Fringe Benefits(Rate: 0 %) e) Total Fringe Benefits[(c)x(d)] $ 0.00 Overhead(Rate: 146.86%) g)Overhead[(c)x(f)] $293,426.99 h) General and Administrative(Rate: 0 %) i)Gen&Admin[(c)x(h)] $_0.00 j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $293,426.99 FIXED FEE k)TOTAL FIXED FEE[(c)+(j)]x fixed fee 10%] $49,322.75 1)TCONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add Additional pages if necessary) Description of Item Ouantitv IJnit Unit Cost Total Mika•e Costs $ 5 Eauioment Rental and Supplies $ S Permit Fees $ S Plan Sheets $ $ Test $ $ 1)TOTAL OTHER DIRECT COSTS $0.00(included in OH) m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) F___Subconsultant 1: $ Subconsultant 2: J $ Subconsultant 3: $ Subconsultant 4: I $ m)TOTAL SUBCONSULTANTS'COSTS $ N/A n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS f(1)+(m11 $0 00 TOTAL COST[(c)+(j)+(k)+(n)] $542,550.22 NOTES: 1. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended.Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1.Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Subtotal per Cost Total Hours per Cost Proposal Avg Hourly Rate 5 Year Proposal Contract $199,800.48 2402 = $83.17 Year 1 Avg 2.Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $83.17 + 0% = $83.17 Year lAvg Hourly Rate Year 2 $83.17 + 0% = $83.17 Year 2 Avg Hourly Rate Year 3 $83.17 + 0% = $83.17 Year 3Avg Hourly Rate Year 4 $0.00 + 0% = $0.00 Year 4 Avg Hourly Rate Year 5 $0.00 + 0% = $0.00 Year 5 Avg Hourly Rate 3.Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Each Total Hours per Cost Total Hours per Year Proposal Year Year 1 12.00% * 2402 = 288 Estimated Hours Year 1 Year 2 62.00% * 2402 = 1489 Estimated Hours Year 2 Year 3 26.00% * 2402 = 625 Estimated Hours Year 3 Year 4 0.00% * 2402 = 0 Estimated Hours Year 4 Year 5 0.00% * 2402 = 0 Estimated Hours Year 5 Total 100% Total = 2402 4.Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $83.17 * 288 = $23,976.06 Estimated Hours Year 1 Year 2 $83.17 * 1489 = $123,876.30 Estimated Hours Year 2 Year 3 $83.17 * 625 = $51,948.13 Estimated Hours Year 3 Year 4 $0.00 * 0 = $0.00 Estimated Hours Year 4 Year 5 $0.00 * 0 = $0.00 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $199,800.48 Direct Labor Subtotal before Escalation = $199,800.48 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $0.00 NOTES: 1. This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase,the#of years of the contract,and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable.(i.e.$250,000 x 2%x 5 yrs=$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. EXHIBIT 10-HI COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual, reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts.All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Wae • *Vice President Signature: Date of Certification: 04/16/2019 4111P- Email:wfagih(ufalcon-ca.com Phone Number (951)264-2350 Address: 341 Corporate Terrace Circle,#101,Corona,CA 92879 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Assistant Structures Rep,Roadway Inspection and SWPPP. Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 ACTITAI,COST-PLUS-FIXED FEE OR LIMP SUM(FIRM FIXED PRICE)CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed 0 Prime Consultant ®Subconsultant Consultant MBI Media Project No. Contract No. Date 4/16/19 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total (Sr.Project Manager) Brad Jensen 132 $ 36.00 $ 4,752.00 (Project Manager) Noemi Luna 256 $ 32.00 $ 8,192.00 (Account Coordinator) 240 $ 20.00 $ 4,800.00 (Graphic/Web Design) Reuben Garcia 176 $ 27.00 $ 4,752.00 $ $ LABOR COSTS a) Subtotal Direct Labor Costs $ 22,496.00 b) Anticipated Salary Increases(see page 2 for calculation) $ 680.95 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $23,176.95 INDIRECT COSTS d) Fringe Benefits(Rate: 17%) e)Total Fringe Benefits[(c)x(d)] $ 3,940.08 0 Overhead(Rate:181.67%) g)Overhead[(c)x(0] $ 42,105.57 h) General and Administrative(Rate:0 %) i)Gen&Admin[(c)x(h)] $ 0.00 j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 46,045.65 FIXED FEE k)TOTAL FIXED FEE [(c)+(j)]x fixed fee 6%1 $ 4,153.36 1)CONSULTANT'S OTHER DIRECT COSTS(ODC).–ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ $ Equipment Rental and Supplies $ $ Printing $2,700.00 $2,700.00 Translation/Interpretation Services $2,682.04 $2,682.04 Test $ $ 1)TOTAL OTHER DIRECT COSTS $5,382.04 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: Subconsultant 2: �— Subconsultant 3: �- Subconsultant 4: m)TOTAL SUBCONSULTANTS'COSTS_ $ n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $ 5,382.04 TOTAL COST[(c)+(j)+(k)+(n)]$ 78,758.00 NOTES: 1. All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended.Indirect cost rates should be based on consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. Page 1 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTIJAI.COST-PI.IIS-FIXED FEE OR I.LIMP SUM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: 1. This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase,the# of years of the contract,and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable. (i.e.$250,000 x 2% x 5 yrs=$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 ,te . s z'4 "h r 4-..skiy` 'r &t ter.:* wg 4 a'AF '}'� R<' -�r-a. i"�a.e-•c'. " # ,-4-,-t,-='!�' nr ','+ y. S� ',..--'2: t f fly7A;-.F,41.:),1:444'.7;.' t 7 `" s 44 aRp-t, r bft .+�J` .r� s. .�w 4, 6 �:'"1`d a `''' m �e *.) 3+7`z'f #' sa" ''d :Ls''^F v s d.'' ,�g'tn4 %',e 3,g ` `'-':4,1,47 S r .� -c � F-- ixr ' '' a,4 $r - iars ,,a„ M .):- C, w N 00 N Ol Q QJ 00 CD Ln v . 00 Ql O ri N " cc N N M M + N v ? in- in in. iin u N 4.4 ° '^ LID v 2 � (n..Z c al 0 0 0 0 0 O ri. LO 01 N U O O O O O 00 CO CO al ami a+ c O O O O 0D "' C''' o 0 L!1 Q) O Ln Q1 IA v o in in in. i/? c v -Es n \ V n - 00 CY o mn. LL -c - v lD [f' 00' ct N U '',' f6 a`i To f6 inin V? L? N �`o w r > H O in- Ln 0 o a I . 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IJ!? -(r)- N N N N N N in in in in Lu 0. c U,�, ai •, .2 ,q 0 E O U u• 0 . d ---I N `,2 '7 w ,- J J a !O CO al a) r'' v w 3 u r r r v E u 0 ,, - • w F- ~ 'D ,o u a) E w W Q J CL 2 w I— on c O U Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Mary McCormick Title*: President&CEO Madt Signature: Date of Certification(mm/dd/yyyy):April 16,2019 • Email:Mary@inbimedia.com Phone Number: (626)967-1510 Address: 957 S.Village Oaks Dr.,Covina,CA 91724 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: • Public Outreach and Communications Page 3 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 ACTUAL CAST-PLI IS-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed 0 Prime Consultant 0 Subconsultant ❑2nd Tier Subconsultant Consultant MSA Consulting, Inc. Project No. Contract No. Date 05/14/2019 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Principal Engineer* Julian A.De La Torre 2 $ 87.98 $ 175.96 Survey Director* Charles R.Harris 2 $73.85 $ 147.70 Sr.PM/Field* Douglas E.Redlin 109 $ 57.69 $ 6288.21 Sr. Surveyor Luke Beverly 120 $43.27 $ 5,192.40 Survey CAD Design Eduardo Hernandez 127 $ 35.36 $ 4,490.55 Instrumentman** Jason Kirkland 334 $58.46 $ 19,525.64 Chainman** Cecil Aguirre 334 $57.88 $ 19,331.92 LABOR COSTS a) Subtotal Direct Labor Costs $ 55,152.38 b) Anticipated Salary Increases(see page 2 for calculation) $ N/A c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $ 55.152.38 INDIRECT COSTS d) Fringe Benefits(Rate: 59.65 %) e)Total Fringe Benefits[(c)x(d)] $ 32,898.39 Overhead(Rate: 134.68 %) g)Overhead[(c)x(f)] $ 74.279.23 h) General and Administrative(Rate: 0.00 %) i)Gen&Admin[(c)x(h)] $ N/A j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 107,177.62 FIXED FEE k)TOTAL FIXED FEE[(c)+(j)]x fixed fee 10 %] $ 16,233.00 1)CONSULTANT'S OTHER DIRECT COSTS(ODC)—ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs $ $- Equipment Rental and Supplies $ $- Permit Fees $ $- Plan Sheets $ $- Test $ $- 1)TOTAL OTHER DIRECT COSTS $0.00 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: m)TOTAL SUBCONSULTANTS'COSTS $ n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $ - TOTAL COST[(c)+(j)+(k)+(n)] $ 178,563.00 NOTES: I. Key personnel must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks(**).All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended.Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. Page 1 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTUAL,COST-PI uS-FIXED FEE OR PIMP SUM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $250,000.00 5000 = $50.00 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 20.0% * 5000 = 1000 Estimated Hours Year 1 Year 2 40.0% * 5000 = 2000 Estimated Hours Year 2 Year 3 15.0% * 5000 = 750 Estimated Hours Year 3 Year 4 15.0% * 5000 = 750 Estimated Hours Year 4 Year 5 10.0% * 5000 = 500 Estimated Hours Year 5 Total 100% Total = 5000 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $50.00 * 1000 = $50,000.00 Estimated Hours Year 1 Year 2 $51.00 * 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 * 750 = $39,015.00 Estimated Hours Year 3 Year 4 $53.06 * 750 = $39,795.30 Estimated Hours Year 4 Year 5 $54.12 * 500 = $27,060.80 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $257,871.10 Direct Labor Subtotal before Escalation = $250,000.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10 NOTES: 1. This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase,the# of years of the contract,and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the#of years is not acceptable. (i.e.$250,000 x 2% x 5 yrs=$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). prime Consultant or Subconsultant Certifving: Name: Julian` A.De La Torre Title*: President ' i6 Signature: -/ Date of Certification(mm/dd/yyyy): 05/14/2019 Email: jdelatorre@a,msaconsultinginc.com Phone Number: 760-320-9811 Address: 34200 Bob Hone Drive,Rancho Mirage,CA 92270 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Construction Staking Page 3 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Note:Mark-ups are Not Aaowad 0 Prime Consultant ©Subconsultant ❑2nd Tier Subconsultant Consultant: - SCST,LCC Project No. ATP09AL46433(020) Contract No. Date 4/11/2019 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total §6.441.00ciam, AnthongWkint. .74000;‘.- -:.--i :$ 531$ s 21,276.00 Concrete'QCi dTic7 Tony_Stewed : 1b0.00' $" 53,19.:. $ 8,510.40 Materiel S4mplg foI(Up'_'- Tyler-Wu-456h 60.00 $ -53:19 $ 3,191.40 _p'of (Marl per:.:... Tom Canady 40.00.' '$- , 64.90=$ 2,596.00 AaiiitnistrativeJ,Spietant-' Veronica Tabade 3600 $' . 2475'-$ 396.00 :Pn$. . dndpalPmle.Nunst C loiiErrs Em8leidg"Ipit - "'24.0OMj`_. t : 96:15. $ 2,307.60 BadorPm(e isforW gb Testing Cllnfi ls,: . -76.60':; "$.• - _. S 640.00 Senior•PrO essional-;Phial Reports Tom•fsriady 2300'';:• ,s 8400: $ 1,492.70 $ - LABOR COSTS a) Subtotal Direct Labor Costs $ 40,410.10 b) Anticipated Salary Increases(see page 2 for calculation) $ ." ` ':505.13 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $ 40,915.23 INDIRECT COSTS d) Fringe Benefits (Rate: 28.49% ) e)Total Fringe Benefits[(c)x(d)j 11,656.50 I) Overhead&G&A (Rate: 82.18% )included g)Overhead[(c)x(f)] $ 33,624.13 h) General&Admin (Rate: 15.69% ) t)Gen&Admin[(c)x(N)] $ 6,419.60 j)TOTAL INDIRECT COSTS[(e)+(g)+(I)] $ 51,700.23 FIXED FEE 10.00% k)TOTAL FIXED FEE[(c)+(i)]x fixed fee: r. ?i,.tLli $._$i I)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Laboratory Testing As[itialt H veerri-Max Density. _ ._ 8.00::: _ •$:... 300000, $ 2,400.00 eercentgituriienAsplaltic Concrete - 10.00 • $� 184:40, $ 1,830.00 H001314:10ii.el _ _ "'2.00 - - $ 90070_ $ 1,800.00 MosNure Vapod5use$0.$61$1• _ 10.00 $'., 259.00; $ 2,590.00 Matriiiii i TheJreUcal'eiisity(Rice) : 10.00 $ r.133.00' $ 1,330.00 M2idmiml- sn5lty:test - - 40.00 $ 200]00` S 8,000.00 SievsAndysts' 40.00 ' $ 90.00: $ 3,600.00 S tritif gWi.iient • 40.00 . $• AO,. $ 3,520.00 Durabilityiridex 5.00 $. 224:06: $ 1,120.00 L'-A-Abra'ston`i 11.00 , ,5 224.00: $ 2,464.00 SOiiirihness 6.00 ' $ 375.001 $ 2,250.00 RaaItance-Value 10.00 • - -$ 276.00 $ 2,760.00 Cleanses,V,alue 10.00 S 200.00. $ 2,000.00 Cruelied Particles 10.00... - .. $ 150.00 $ 1,500.00 FiriOggegate.Anguilartty 11.00- - $ 200.00. $ 2,200.00 Flat and°Elongated Pieces::,. 9.00 $ • 175.00 $ 1,575.00 fans ete`Cylinder Campeesslen 131.00-' $ ":.27.00 $ 3,537.00 len BainMoiu(om0f.F4*f1'•. •.`-84A0 s 74.00 $ 2,516.00 $ $ $ - I)TOTAL OTHER DIRECT COSTS $ 46992.00 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: Subconsultant 2: $ - Subconsultant 3: $ - Subconsultant 4: $ - m)TOTAL SUBCONSULTANTS'COSTS $ - n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(I)+(m)] $ 46,99a00 TOTAL COST[(c)+(j)+(k)+(n))•$ "r: 148;889.00 NOTES: 1.Key personnel must be marked with an asterisk(')and employees that are subject to prevailing wage requirements must be marked with two asterisks(-'). All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2.The cost proposal format shall not be amended.Indirect cast rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3 Anticipated salary Increases calculation(page 2)must accompany. Page 1 of 3 CALCULATIONS FOR ANTICIPATED SALARY INCREASES Consultant SCST,.LLC Project No. ATP03AL-5433(020)_ -.d.•. Contract No. Date 4/112019 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor$ubtolal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration $ 40,410.10 739 = 54.68213802 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 rS 54.68 5% = 5.: ,57;42;Year 2 Avg Hourly Rata Year 2 1$ „57.42 5% = .:-.1,-.:t - 6028 Year 3 Avg Hourly Rate Year 3 :$ , 6029 a 5% = 'OI ._ 63.30.Year 4 Avg Hourly Rate Year 4 '$ ' 53:30 + 5% = )1,-",;?i4 66.47 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated% Total Hours Total Hours Completed Each Year per Cost Proposal per Year Year 1 75.00% `t��,�,- _ 5543 Estimated Flours Year 1 x Year 2 25.00% -i: -x c -yrtea 8 Estimated Hours Year 2 Year 3 0.00% • ta` ,(!!`_,�t - r+ , = f p 0 0 . Estimated Hours Year 3 Year 4 0.00% ,}c ;,,�„'ES' ` _ - '0,0.4,-; -Estimated Hours Year 4 Year 5 0.00% �"•" r'• �' r .4 VO'": Estimated Hours Year 5 Total 100% Total = ....; ',y78:0{::. .. 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per Year (calculated above) (calculated above) Year 1 i. rte. ��a 4`iyna'.G • f°� � = '30307 575 `: Estimated Hours Year 1 Year 2 � r, 42: Rt,. 185 = $ • r 10687.65 Estimated Hours Year 2 Year 3 ,..qr .+a •F 0 = c Estimated Hours Year 3 <3 + y Year 4 ..- �'1x*20' e'' ' ,/,..-.:5,. ^0 _ S --'Estimated Hours Year 4 Year 5 .,; _ r5 9 i P.Sr` - $ - Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $ - 40,91523 Direct Labor Subtotal before Escalation = ;S :40,41010 Estimated total of Direct Labor Salary Increase !,.'$.1.3447,,,,.,..+;,:,:„!.5.0$A3 Transfer to Page 1 NOTES: 1.This is not the only way to estimate salary increases.Other methods will be accepted it they clearly indicate the%Increase,the a of years of the contract,and a breakdown of the labor to be performed each year. 2 An estimation that is based on direct labor multiplied by salary increase%multiplied by the a of years is not acceptable(I.e 0250,000 0 2%a 5 yrs=525,000 is not en acceptable methodology). 3 This assumes that one year will be worked at the rate on the cost proposal before salary Increases ere granted. a.Calculations for anticipated salary escalation must be provided. Page 2 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that at direct costs identified on the cost proposal(s)in this contract are actual,reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31-Contract Cost Principles and Proceedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management and Administration of Engineering and Design Related Service 6. 48 Goode of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts.All documentation of compliance must be retained in the project tiles and be In compliance with applicable federal and state requirements.Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Paul L Sanford Title': tit Finance Signature: �® / Date of-Certfication: April 9.2019 i Email: psanford®scst.com Phone number. 619-280-4321 Address: 6280 Riverdale Street.San Diem.CA 92120 •An Individual executive or financial officer of the consultant's or subconsuttant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant Is providing under the proposed contract: Testing and Inspection Services Pep 3 of 9 Local Assistance Procedures Manual EXHIBIT 10-HI Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3 ACTIJAI.COST-PUN-FIXED FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed 0 Prime Consultant Subconsultant Consultant ZT Consulting Group Inc. Project No. 872019.16 Contract No. 8919 Date 04/15/19 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Structural Mat.Rep Farzad Tasbihgoo 70 $70.00 $4,900.00 Source Inspector Andrew Soria 56 $45.00 $2,520.00 LABOR COSTS a) Subtotal Direct Labor Costs $7,420.00 b) Anticipated Salary Increases(see page 2 for calculation) $0.00 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $7.420.00 INDIRECT COSTS d) Fringe Benefits(Rate:0%) e)Total Fringe Benefits[(c)x(d)] $0 f) Overhead(Rate: 110%) g)Overhead[(c)x(f)] $8,162.00 h) General and Administrative(Rate: %) i)Gen&Admin[(c)x(h)] $0 j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $8,162.00 FIXED FEE k)TOTAL FIXED FEE [(c)+(j)]x fixed fee 10%] $ 1,558.20 I)CONSULTANT'S OTHER DIRECT COSTS(ODC)—ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs 22.8 Mileage $0.58 $12.80 Travel 4 EA $1000 $4,000.00 Strands,PT Components Testing 16 Set $125 $2,000.00 $ $ $ $ 1)TOTAL OTHER DIRECT COSTS $6,012.80 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: $ Subconsultant 2: $ Subconsultant 3: $ Subconsultant 4: $ m)TOTAL SUBCONSULTANTS'COSTS- $0.00 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $ 6,012.80 TOTAL COST[(c)+(j)+(k)+(n)]$23,153.00 NOTES: 1. All costs must comply with the Federal cost principles.Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended.Indirect cost rates should be based on consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3. Anticipated salary increases calculation(page 2)must accompany. Page 1 of 3 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3 ACTUAL COST-PI.I LS-FIXED FEE OR I JIMP Si IM(FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5 Year Subtotal per Cost Cost Proposal Hourly Contract Proposal Rate Duration $56,557.70 1021 = $55.60 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation Year 1 $55.60 + 0% _ $55.60 Year 2 Avg Hourly Rate Year 2 $55.60 + 0% = $55.60 Year 3 Avg Hourly Rate Year 3 $55.60 + 0% = $55.60 Year 4 Avg Hourly Rate Year 4 $55.60 + 0% _ $55.60 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Total Hours per Cost Total Hours per Each Year Proposal Year Year 1 30% * 126 = 37.80 Estimated Hours Year 1 Year 2 50% * 126 = 63 Estimated Hours Year 2 Year 3 20% * 126 = 25.20 Estimated Hours Year 3 Total 100% Total = 126 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 $55.60 37.8 = $2,226.00 Estimated Hours Year 1 Year 2 $55.60 635 = $2,710.00 Estimated Hours Year 2 Year 3 $55.60 25.2 = $1,484.00 Estimated Hours Year 3 Estimated Hours Year 4 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $7,420.00 Direct Labor Subtotal before Escalation = $7,420.00 Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $0.00 NOTES: 1. This is not the only way to estimate salary increases.Other methods will be accepted if they clearly indicate the%increase,the 4 of years of the contract,and a breakdown of the labor to be performed each year. 2. An estimation that is based on direct labor multiplied by salary increase%multiplied by the 4 of years is not acceptable. (i.e.$250,000 x 2% x 5 yrs=$25,000 is not an acceptable methodology) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Calculations for anticipated salary escalation must be provided. Page 2 of 3 January 2018 Local Assistance Procedures Manual EXHBIT 10-H3 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL Page 3 of 3 Certification of Direct Costs: I,the undersigned,certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Farzad Tasbihgoo Title *:Principal Signature : EPP TG41ADate of Certification(mm/dd/yyyy): Email:farzad@1 .rp.com Phone Number: 818-929-8162 Address: 1041 E Green St., Suite 204, Pasadena, CA 91106 *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providing under the proposed contract: Source Inspection & Quality Assurance Page 3 of 3 January 2018 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMITMENT 1.Local Agency: City of Cathedral City 2.Contract DBE Goal: 18% 3.Project Description: Cathedral Canyon Drive Bridge over Whitewater River 4.Project Location: In Riverside County, in the City of Cathedral City, along Cathedral Canyon Dr at Whitewater River 5.Consultant's Name: T.Y. Lin International 6.Prime Certified DBE: 0 7.Total Contract Award Amount: $2,339,347 8.Total Dollar Amount for ALL Subconsultants: $1,120,027.22 9.Total Number of ALL Subconsultants: 7 10.Description of Work,Service,or Materials 11. DBE 13.DBE Supplied Certification 12. DBE Contact Information Dollar Number Amount Labor Compliance and Electrical Dynamic Engineering Services Inc. 39638 11762 De Palma Roads,Suite 1C88 $96,788 Inspections. Corona,CA 92883 I P.(951)471-8890 Assistant Resident Engineer&Assistant FALCON Engineering Services,Inc. 39342 341 Corporate Terrace Circle#101 $542,550 Structure Representative Corona,CA 92879 I P.(951)264-2350 Public Outreach MBI Media 24118 957 South Village Oaks Drive Covina,CA 91724 I P.(626) $78,758 967-1510 Local Agency to Complete this Section 20. Local Agency Contract $718,096 Nis kor 14.TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number 22.Contract Execution 30.7 natm- Local Agency certifies that all DBE certifications are valid and information on IMPORTANT:Identify all DBE firms being claimed for credit, this form is complete and accurate. regarr1 ess of tier•)/'ritten confirmation of each listed DBE is requi t d. 07/15/2019 23.Local Agency Representative's Signature 24. Date - .P -pa er's Signature 16.Date Joseph S. Smith 858.245.8112 25. Local Agency Representative's Name 26.Phone 17.Preparer's Name 18.Phone Project Manager/V.P. 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1.Original—Local Agency 2.Copy—Caltrans District Local Assistance Engineer(DLAE).Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities,this document is available in alternate formats. For information call(916)654-6410 or TDD(916)654- 3880 or write Records and Forms Management,1120 N Street,MS-89,Sacramento,CA 95814. Page 1 of 2 July 23,2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS—CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1.Local Agency-Enter the name of the local or regional agency that is funding the contract. 2.Contract DBE Goal-Enter the contract DBE goal percentage as it appears on the project advertisement. 3.Project Description-Enter the project description as it appears on the project advertisement(Bridge Rehab, Seismic Rehab,Overlay,Widening,etc). 4.Project Location-Enter the project location as it appears on the project advertisement. 5. Consultant's Name-Enter the consultant's firm name. 6.Prime Certified DBE-Check box if prime contractor is a certified DBE. 7.Total Contract Award Amount-Enter the total contract award dollar amount for the prime consultant. 8.Total Dollar Amount for ALL Subconsultants—Enter the total dollar amount for all subcontracted consultants. SUM=(DBEs+all Non-DBEs). Do not include the prime consultant information in this count. 9.Total number of ALL subconsultants—Enter the total number of all subcontracted consultants. SUM=(DBEs+all Non-DBEs). Do not include the prime consultant information in this count. 10.Description of Work,Services,or Materials Supplied-Enter description of work,services,or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces,if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE,describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11.DBE Certification Number-Enter the DBE's Certification Identification Number.All DBEs must be certified on the date bids are opened. 12.DBE Contact Information-Enter the name,address,and phone number of all DBE subcontracted consultants. Also,enter the prime consultant's name and phone number,if the prime is a DBE. 13.DBE Dollar Amount-Enter the subcontracted dollar amount of the work to be performed or service to be provided.Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14.Total Claimed DBE Participation-$: Enter the total dollar amounts entered in the"DBE Dollar Amount"column. %: Enter the total DBE participation claimed("Total Participation Dollars Claimed"divided by item"Total Contract Award Amount").If the total%claimed is less than item"Contract DBE Goal,"an adequately documented Good Faith Effort(GFE)is required(see Exhibit 15-H DBE Information-Good Faith Efforts of the LAPM). 15.Preparer's Signature-The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16.Date-Enter the date the DBE commitment form is signed by the consultant's preparer. 17.Preparer's Name-Enter the name of the person preparing and signing the consultant's DBE commitment form. 18.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form. 19.Preparer's Title-Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20.Local Agency Contract Number-Enter the Local Agency contract number or identifier. 21.Federal-Aid Project Number-Enter the Federal-Aid Project Number. 22.Contract Execution Date-Enter the date the contract was executed. 23. Local Agency Representative's Signature-The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24.Date-Enter the date the DBE commitment form is signed by the Local Agency Representative. 25.Local Agency Representative's Name-Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26.Phone-Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27.Local Agency Representative Title-Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23,2015 EXHIBIT "C" INSURANCE A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance: Only the following "marked" requirements are applicable: X Commercial General Liability(CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim. X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider's profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a "claims made" basis. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under C-1 this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Coverages. a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider's insurance. c. Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. C-2 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit"C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-3