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Contract 1863
(1 (g4;7g AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND ADVANTEC CONSULTING ENGINEERS, INC. FOR ANNUAL AS-NEEDED TRAFFIC ENGINEERING SERVICES This Agreement for Design Professional Services ("Agreement") is entered into as of July 1, 2020 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and Advantec Consulting Engineers, Inc. ("Design Professional"). City and Design Professional 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 the engineering services defined and described particularly in Section 2 of this Agreement. B. Design Professional, 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. Design Professional was selected by the City on the basis of Design Professional'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 Design Professional Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Design Professional 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: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve months commencing on the Effective Date with an option to extend the Agreement for an additional twelve months. - 1 - SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit "A" "Scope of Work" (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 Design Professional 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 Design Professional to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Design Professional 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 25 "Administration and Implementation" or Section 27 "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. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the negotiated fee for each Task as specified in Exhibit"B" and made a part of this Agreement by this reference. (b) Each month Design Professional shall furnish to City a separate, original invoice for all work performed and expenses incurred during the preceding month for each Task Order. The invoices shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-contractor Professional contracts. Sub-contractor Professional invoices shall be detailed in the same manner as Design Professional invoice. City shall independently review each invoice submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional's correct and undisputed invoice. - 2 - (d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Design Professional's work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional'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 Design Professional's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. 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 or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional's guarantees and warranties in Section 9 "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 or other documents. SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS. (a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional's performance of the Services. Consultant shall maintain any and all 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. 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 Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) - 3 - years from the date of execution of this 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 Design Professional's address indicated for receipt of notices in this Agreement. (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 Design Professional'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 8. INDEPENDENT CONTRACTOR. (a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional 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 Design Professional shall at all times be under Design Professional'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 Design Professional or any of Design Professional's officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professional, nor any of Design Professional'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. Design Professional expressly waives any claim Design Professional may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional 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. Design Professional 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, Design - 4 - Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional's profession commonly possess and exercise. In addition to the general standards of 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 Design Professionals 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) Design Professional 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 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Design Professional 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. Design Professional 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 Design Professional to comply with this section. SECTION 11. PREVAILING WAGE LAWS. It is the understanding of City and Design Professional that California prevailing wage laws apply to the land surveying work performed under this Agreement. SECTION 12. NONDISCRIMINATION. Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. CONFLICTS OF INTEREST. (a) Design Professional 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 Design Professional's performance of the Services. Design Professional 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 - 5 - the City Manager. Design Professional 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 Design Professional 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, Design Professional shall file the subject 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 Design Professional 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. Design Professional 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 Design Professional 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. SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional 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) Design Professional, 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 Design Professional gives City notice of such court order or subpoena. (c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Design Professional's conduct. (d) Design Professional shall promptly notify City should Design Professional , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, - 6 - 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 Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional 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 Design Professional, its officers, agents, employees or sub-consultants (or any entity or individual that Design Professional 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 Design Professionals, and Design Professional, 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. Design Professional 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 Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional 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 Design Professional 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 16. INSURANCE. Design Professional 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 - 7 - 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. Design Professional agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Design Professional 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 Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional'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 19 "Termination of Agreement." City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional's staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 19. 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 Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional's possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 "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 4 "Compensation and Method of Payment" of this Agreement. - 8 - SECTION 20. DEFAULT. In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional 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 Design Professional 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Design Professional'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 21. EXCUSABLE DELAYS. Design Professional 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 Design Professional. 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 22. 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 Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Design Professional: Advantec Consulting Engineers, Inc. Attn: Carlos Ortiz, P.E., T.E., P.T.O.E. - 9 - 73-710 Fred Waring Drive, Suite 120 Palm Desert, CA 92260 Notice shall be deemed effective on the date 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 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder. SECTION 25. 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 interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional 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. SECTION 28. 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 Design Professional shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. - 10 - 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 30. 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. SECTION 31. 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 Design Professional 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 32. 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). SECTION 33. 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 CATHEDRAL CITY ADVANTE' ONS I► J ENGIN i9' , I► . -Lit4— 1CL- 6 _ .00401 Charles P. McClendon By: G ' /Fi' City Manager Its: cz7J - 11 - ATTEST: 4,1/'/,� Its: r` I. e.t , ! A ell Tracey R. Martine , CMC City Clerk APPROVED AS TO FORM Eric 'mai City Attorney NOTE: DESIGN PROFESSIONAL'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 DESIGN PROFESSIONAL'S BUSINESS ENTITY. - 12 - CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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. State of California County of OY On 'c\l.)Ylf2 19-0 ax..) before me, ilt'1Gt,i�(ANYMCA- ''XO\/ {v Oka t) 4�1X.►�‘‘‘C., Date Here Insert Name and Title of the 0 ricer personally appeared GlY 10_c OY-hZ. Lef3 Lee Name(s)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 entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. o , ANA PATRICIA RIVERA Notary Public•California WITNESS myhand and official seal. a - < �-;.,�_._�_ orange County `if. Commission K 2242728 °`'�My Comm.Expires May 14,2022 Signature , 4 Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document ;� �r� Title or Type of Document: } Y�Q(; 10/11" 1ZPSlCiY\ ?v�es�t(T}i1\ Self Vit eS Document Date: '4, Number of Pages: boa Signer(s) Other Than Named Above: 130 c vt& Slq►r1&VS Capacity(ies) Claimed by Signer(s) t Signer's Name: Ca)�1J &IS iZ Signer's Name: Lo Lam- [(Corporate Officer—Title(s): Coa KCorporate Officer—Title(s): Coco ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual ❑ Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association EXHIBIT "A" Scope of work will be defined by each Task Order. A-1 i le; !Urn it PROFESSIONAL TRAFFIC ENGINEERING SERVICES Crt trd !Ci'iANNUAL AS-NEEDED CONTRACT City of Cathedral City POO wie SECTION B: SCOPE OF WORK me w B.1 Detail Steps to Provide Traffic Engineering Services 1111. The City of Cathedral City intends to contract with qualified firms to provide comprehensive Professional As-Needed Traffic No Engineering Consultant Services for a contract term of 12-months with a one-year extension. It is anticipated that under this Ng as-needed contract, ADVANTEC will provide professional services as indicated in the RFQ including, but not limited to, the following items listed below. The table below highlights our experience, approach and/or preparation to deliver specific 01/14 project assignments or Task Orders under this contract. Requested Scope of Services ADVANTEC's Experience and Approach to Perform the Work M w In regards updating speed surveys for postingA speed limits, speed limits are typically 41b) or,w,ee ,,a.m, It surveyed every 5 to 7 years in order to be `°•t semi + 0111 enforced by the court of law. ADVANTEC will Speed Dc collect the necessary speed surveys, traffic l�� 1110 Conduct engineering studies as defined in data, and collision history to conduct the new gift the California Vehicle Code for the review speed surveys. `l�'+ ' of all speed zones adopted by ordinance, is ;., analyze speed data and recommend We understand the latest California Vehicle - j' u w speed limit changes and safety related Code (CVC) and CAMUTCD requirements for -- improvements. recommending the appropriate speed limits Mt including the use of applying our engineering A.,A11YANT61 A judgement to support recommended speed limits. ADVANTEC recently completed a Citywide Engineering and Traffic Surveys for speed zones in the A City of Glendora. In the past, we conducted similar studies for the cities of A Palm Desert and Indian Wells. IA ADVANTEC will AilA collect the ,,- Myhi way slop,,,vi W,rtanl�Nlry.SfuOy br ............m necessary traffic ��clJ"',ui Me�Mae ww.Ir yp �1M.Miyy cwnry cr.a iow o.�...,.nr,m,,.. .et W Intersection Control Studies - Multi-Wc data, collision and ;' ` Stop or Traffic Signal: historyBase Line Roadt-T.n Towne I�a._i avenue Leh-Turn . perform a site visit Phasin6SLudy An evaluation for the determination for w.•,1-^ the most appropriate intersection control to conduct the11/ . �}f at a requested intersections hall include traffic signal/stop - • 11, the following control measures. sign warrant = _ analyses per theiiko ^---Im .I*I- ID All alternatives shall be compared on the CAMUTCD. y(\ 111/ basis of safety, user delay and implementation cost. The results of the ADVANTEC will ID study including recommendations shall review and provide recommendations on geometric constraints and be summarized in draft memorandum operations in order to improve mobility and safety at the project format and submitted to the City for intersection(s). D review. 110 Geometric improvements may include lane storage capacity, line-of-sight improvements, ADA ramp improvements, signage, pavement markings and 1 striping improvements. ) 0 IIIJ ADVANTEC /" Consulting Engineers Page 20 II I. PO 1\\ PROFESSIONAL TRAFFIC ENGINEERTNG SERVICES /� ANNUAL AS-NEEDED CONTRAC? MO nil. City of Cathedral City 0 110 Requested Scope of Services ADVANTEC's Experience and Approach to Perform the Work , N O Operations improvements may include enhance signage and striping near schools; and advanced flashing warning systems to advice motorist of IWO approaching stop control or signalized intersection. Other operations , improvements may include left-turn phasing, lead-lag phasing, right-turn overlap, scramble crosswalks, etc. to improve capacity and safety at WO signalized intersections. , Other recommendations may include installation of flashing warning system NO if the intersection doesn't meet the traffic signal warrants and it has a WOO demand for pedestrian crossing. ADVANTEC has our , subconsultant, Counts * Unlimited, to collect the necessary traffic data for the , Safety Analysis. In addition,we le will collect traffic collision data • r-, from the City of Cathedral City. 1110 fle ADVANTEC will identify safety Y measures that are appropriate IWO and have been proven 1111/0 effective countermeasures and strategies for the City of le Cathedral City. The We countermeasures should va Safety studies based on documented utilize current and emerging .t.* '► crash history will be performed for technologies that can be Iior 1110 + o 141/ used to improve traffic , ^:`d` ±. • requested locations within the City. A �,, ; 100 specific scope of work will be determined safety. Strategies and countermeasures will be for each specific study. The results of a - �`` study including recommendations shall explained why they are being 1 01 be summarized in draft memorandum recommended. format and submitted to the City for After the comprehensive review.6.1 data analysis is completed, ADVANTEC will determine goals and objectives for the City. ADVANTEC will 11.1 work with City staff to recommend goals and objectives for the local road A safety plan.These goals should be focused on improving traffic safety for all modes of transportation. It will be bebroken down showing the most important intersections and corridors regarding improvements. To make rn sure that the goals and objectives have a focus on the E's of traffic safety: engineering,enforcement,emergency services,education,and any emerging OA technologies. The goals and objectives shall incorporate any current and OA emerging technologies that can be used. 0114 Our studies will be prepared in report format with supporting exhibits, A graphics,and tables,as necessary.We can also provide traffic simulations to illustrate existing and recommended conditions to our project team, and at Oa le AI)It AN'TEC Page 121 MI Consulting Engineers m • A A 11 PROFESSIONAL TRAFFIC ENGINEERING SERVICES ANNUAL AS-NEEDED CONTRACT Oli 6<t cdrx,'C,fCity of Cathedral City ill 101 Requested Scope of Services xn,! ANTEC's ce and Approach to Perform the Work 1110 public or City Council meeting to illustrate alternatives and recommended improvements. In addition, ADVANTEC can provide other simulation/video II tools to facilitate dissemination of traffic patterns, alternatives, and recommendations at Community Meetings and City Council Meetings. A ADVANTEC stays Pt current with the Offi latest versions of , , California MUTCD .- - Il* and Caltrans O 0 Standard — , A Left Turn Signal Phasing Guidelines Specifications, Sigh. , , Report $ Plans, and Mt Directives. �� ` 1111/ RPview Str,nriarri f)atoifc ADVANTEC will Cathedral City Is developing City advise the City "—I s with the latest ••.._ I -ifir� =:::] 0 Standard Drawings. The selected Traffic standards and I. •- - • `-- Engineer will review and comment on deadlines for implementation of directives. traffic related standard drawings to 1110 assure compliance with California An example is to conform to Caltrans`Traffic Operations Policy Directive 09- 0 MUTCD and Caltrans requirements. 06" for implementing bicycle/motorcycle detection on all approaches to 0 traffic signals including updated bicycle and pedestrian timing per 0 CAMUTCD. In addition,our Project Manager and senior management team are involved at local and high level positions at ITE, ITS California, and other associations 0 where they can bring the latest mandates, requirements, changes, etc. that • applies to our transportation industry (e.g. Vision Zero, Complete Streets, Active Transportation,Connected/Autonomous Vehides,etc.). III 0 ADVANTEC understands the - latest standards per the California _ _� 0 MUTCD and Caltrans, ial Design and will apply as , • Develop a scope of work, plans, and an required to all -.�t • I, IP engineer's cost estimate and contract bid related projects. This : •; documents (for projects that are bid) for includes any • • 10 new permanent signal installations; technical assistance • modifications to existing signals, flashing and apply to the beacon and ITS installations in design of traffic 0 conformance with Caltrans standards. signals and signing/striping plans and signal communication system. ADVANTEC will prepare final PS&E for all traffic engineering and ITS related • projects including assistance with construction support and preparation of PIP as-built drawings. Through our current experience with preparing PS&E for the Coachella Valley Traffic Signal Synchronization project, we understand 14. se ADVANTEC Page 22 l " Consulting Engineer.; ineerc 4 • Ile * 1IPROFESSIONAL TRAFFIC ENGINEERING SERVICES ANNUAL AS-NEEDED CONTRACT Ile C r": ` City of Cathedral City le Requested Scope of Services 1 '$Experience and Appr..a,,, -•.. orm the Work 4110 . 14 the City's bid package format,which makes an easy transition to other traffic related projects. Our Project Manager and some of our Task Leaders have O 10 worked on the design on multiple projects throughout the Coachella Valley 141 including roadway and intersection improvements for private developments and public works projects. WO w Miscellaneous Traffic Engineerin city+'r, ADVANTEC will provide additional traffic engineering services as identified le Traffic engineering services not and requested by City staff, induding but not limited to the following 114 specifically identified in previous services described below. subtasks may be performed by the O. Consultant at the direction of the City. 014 ADVANTEC will obtain relevant traffic data, p • ep ill create traffic models, perform other required SSA analyses (e.g. truck turning analysis, sight '. M MO distance analysis, etc), and develop :sM:`on~ tine OfsentAmin.. We Perform concept and feasibility studies of alternatives based on project goals, objectives, . intersection and street design and constraints. Concept and feasibility studies Ile alternatives including preparing will be prepared in report format with t _,,,,, preliminary design reports. This includes supporting exhibits, graphics, and tables, as 0"'7'���,, drafting and computer aided drafting necessary. Our Project Manager prepared ��_ , illO support. multiple feasibility studies in the Coachella A Valley, including for the triple-left-turn lane • - - project at the intersection of Highway 111 at �%lb WO Washington Street in the City of La Quinta. Oil ADVANTEC has aranial our ' 1' 4 .'„fir;. .. -"41111"---:- 444 'm.;zs1. 1010 subconsultant, we- Counts Unlimited, 04 to collect the • Mountain Avenue end �Aoun„n Asanu�+n� A necessary traffic .. Harrison Avenue Aduk ;Crm�R nCr.,`;u� .. G„...K Guard Analysk data. We develop ; _c;,.2 traffic models '� AO such as Synchro 1' .1 �, A.41 M Collect data and prepare special to conduct traffic -Aikil l studies/traffic capacity/level of service capacity and LOS NO analyses for intersections and street analysis at /' PO segments. intersections and street segments including other software, as necessary. Our studies will be OS prepared in report format with supporting exhibits, graphics, and tables, as I. necessary. We can also provide traffic simulations to illustrate existing and recommended conditions to our project team, and at public or City Council I. meeting to illustrate alternatives and recommended improvements. In Oa addition, ADVANTEC can provide other simulation/video tools to facilitate dissemination of traffic patterns, alternatives, and recommendations at 11110 Community Meetings and City Council Meetings. ON PO rie ADVANTEC Page 123 M \ Consulting Engineers 4 tip Re Ile lIPROFESSIONAL,TRAFFIC ENGINEERING SERV ICES ANNUAL.AS-NEEDED CONTRACT 0 G;Aara 5tl Ci?t' City of Cathedral City 0 0 Requested Scope of Services ADVANTEC's Experience , .roach to Perform the Work 0 va • Depending on the type of grant application, ADVANTEC will collect the necessary data and -•-��-�--�-•�- 0 analysis to support the proposed project --•• le including exhibits or conceptual plans, and realistic cost estimates to ensure the project Tustin Avenue/Rose Drive le Assist in collecting or analyzing data can be fully funded. We have been successful — 0 needed for grant applications. for obtaining grants for the cities of Ontario, Yucaipa, Culver City, Downey, Inglewood, and 0 OCTA. 0 �;:-.. _ ._ . 0 w 0 ADVANTEC works with various agencies, vendors, and contractors on projects for " •:w : : . '.o` 0 traffic signal and communication equipment. _ le We understand the latest equipment and Research equipment specs and obtain have built relationships with vendors and , le bids, process purchase orders, and contractors regarding equipment, 0 coordinate the repair of traffic signal specifications, prices, and warranties - so equipment with and without warranty this can be easily expedited. In addition, le coverage. ADVANTEC has purchased equipment on le behalf of local agencies in order to reduce `""`Y`°"`"'•"•'""1"'°'•oar. wow* mark-ups from contractors - so this may be • Ile option on future projects. 0 0 ADVANTEC will assist City staff and provide 0 recommendations for • Provide technical input to City staff with traffic related design, signing and striping changes, signal equipment, and O equipment upgrades and parts, collision operations. We will 0 analysis,speed limits,traffic volume data perform various and other work performed by City staff, analyses,as needed,to 10 including crafting responses to citizen support traffic studies, 0 complaints or requests. alternatives analysis and design. For 011 responding to citizen 0 complaints or requests,ADVANTEC will use the same approach as mentioned previously. Ille ADVANTEC will respond to data and requests by other agencies. ADVANTEC 0 Respond to data and other requests from is either currentlyworkingwith or have previously worked with these Caltrans, Coachella Valley Association ofle agencies mentioned. We also know the personnel from these agencies, so Governments, Riverside County data and information requested by others or vice-versa can be expedited le Transportation Commission, Riverside County,and other agencies. efficiently. A 0 A 0 ~ IIDVAN TEC Page 124 Ile ' Consulting Engineers 0 le * 1 PROFESSIONAL TRAFFIC ENGINEERING SERVICES ANNUAL AS-NEEDED CONTRACT City of Cathedral City Oil Requested Scope of Services s -,• t a_, 's Experience and Approach to Perform the Work 4 14 ADVANTEC has a clear understanding of work zone 1119 areas, traffic control, traffic w handling and staging, and detours for not only r 14 Review work zone traffic plans for capital vehicles, but for bicyclists ; 4 improvement projects, utility projects, and pedestrians, and and developer projects and advise Crty on impacts to transit. We will �A; ,Airipper..." WO potential issues. require that all traffic and 4 transportation elements are taken into consideration 4 while adhering to the latest 10 Caltrans,CAMUTCD,and WATCH Manual traffic control requirements. 4 ADVANTEC has . 4 experienced staff with •' ' various Advanced Traffic Management Systems and 4 traffic signals controllers. 4 We can adjust signal Assist with adjusting signal timing based timing on-site, at the 10 on real time data. City's TMC, or via VPN °"� O"' 10 connectivity to the City's TMC,as necessary. 41 4 Two of the most important steps after timing has been implemented is to 1) monitor and 2)fine-tune the signal timing to provide the best operations. ilt 4 ADVANTEC's project manager is the primary point of contact, ''''''"';14101I responsible for preparation of task µ, A orders, assigning staff, schedules — 'ow.Imo. and fees. He will meet with City n 'm hi,. ''r' Jr, 110 staff to report our findings, project t,,,.... :r la Attend monthly coordination and other status,action items, schedule, and project meetings as necessary. planned/future work. t �1 4 We will schedule a Task Order ! — — Kick-Off meeting so all team . members are aware and can plan accordingly. Our Project Manager will 80 assist our Task Leaders to ensure that we meet the needs of the City. . A A rill) B.2 Familiarity with City,County,State and Federal Requirements The ADVANTEC Team has provided planning, design, and construction administration services for many locally and I. federally funded projects throughout California and the nation requiring extensive coordination with CVAG, RCTC, Ilit Caltrans, and Federal Highway Administration (FHWA). Our Project Manager is currently working with various IP NIP WV'ANT't ( Page 125 . C',,.tthin{'1:'nf;inccts EXHIBIT "B" City shall solicit separate cost proposals for each Task Order. B-1 d\ ADVANTEC Because We Care! Hourly Rates Effective January 2020 Classification Rate Project Director III $300/ hour Project Director II $280/ hour Project Manager/Senior Engineer VIII $250/ hour Project Manager/Senior Engineer VII $230/hour Project Manager/Senior Engineer VI $200 / hour Project Manager/Senior Engineer V $180 /hour Engineer/ Planner IV $160 /hour Engineer/ Planner III $140 /hour Engineer/ Planner II $130/hour Engineer/ Planner I $120/hour Assistant Engineer $110/hour Design Technician V $140/ hour Design Technician IV $120/hour Design Technician III $100 /hour Administrative III $ 110/ hour Administrative I $ 95/hour Direct Costs Effective January 2020 Mileage IRS Current Rate In House Plotting (Mylar) $20.00 per D-size sheet In House Plotting (Bond) $10.00 per D-size sheet Other Direct Costs At Cost + 10% admin 73-710 Fred Waring Drive, Suite 120 • Palm Desert • CA 92260 •(760)404-0630 • www.advantec-usa.com 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, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, C-1 ! II arising out of or related to Services performed under 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. C-2 e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 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 DATE(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE 6/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton &Associates PHONE Marie Swaney FAX 790 E Colorado Blvd, #460 AA/C,No,Ext): (NC,No): Pasadena CA 91101 ADDRESS: mswaney@dealeyrenton.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0020739 INSURER A:Valley Forge Insurance Company 20508 INSURED ADVACON-05 INSURER B:Admiral Insurance Company 24856 Advantec Consulting Engineers, Inc. 1200 Roosevelt INSURERC: Irvine, CA 92620 INSURER D: 949.861.4999 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:552802169 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y 6025396574 11/12/2019 11/12/2020 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 _ X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL&ADV INJURY $2,000,000 GE N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 6025396574 11/12/2019 11/12/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED y NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) X NoOwned Auto $ A X UMBRELLA LIAB X OCCUR Y Y 6025396574 11/12/2019 11/12/2020 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$n $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liability E000004918902 5/13/2020 5/13/2021 Per Claim $1,000,000 Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Insured owns no company vehicles;therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella Policy is follow-form to its underlying Policies: GL/AUTO Liability/Employers Liability. AM Best Ratings on all policies above:A/XII or greater. RE:Cathedral City:As Needed Traffic Engineering Services--The City of Cathedral City, its respective elected officials,officers,employees,agents and representatives are named as an additional insured as respects general&auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Professional Liability policy has a deductible which is:$25,000. CANCELLATION/CHANGE:30 day notice will be sent to the certificate holder. CERTIFICATE HOLDER CANCELLATION 30 Day Notice will be sent to holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cathedral City ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Mgr 68-700 Avenida Lalo Guerrero AUTHORIZED REPRESENTATIVE Cathedral City CA 92234 �(�,tJ 0(0 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA Policy # 6025396574 SB1d. 6688 (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products-completed operations hazard", and only if: N (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. CNA SB146968B (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit" under this insurance; 2. Tender the defense and indemnity of any claim or"suit" to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. SHA SB02G Policy Number: 6025396574 (Ed. 6-16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT Hired Auto Liability: $ 1,000,000 Non-owned Auto Liability: $ 1,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or "property damage" arising out of the maintenance or use of a: • "Hired auto" used by you or your"employee" in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: 1. Delete paragraph A.1.b.(1)(b) and replace it with the following: b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (b) The "occurrence" occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: a. Insureds; b. Claims made or"suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. "Autos," the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned auto." SB146902G (Ed. 6-16) Page 1 of 3 Copyright.CNA All Rights Reserved. CNA SB146902G (Ed. 6-16) C. EXCLUSIONS With respect only to the insurance provided by this endorsement: 1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e.,f. and i. and to add the following exclusions: This insurance does not apply to: • Fellow Employee "Bodily injury"to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above. • Care, Custody or Control "Property Damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or"executive officer" of yours while using with your permission a "hired auto" or a "non-owned auto" except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned auto" or any agent or"employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; C. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto" or a "non-owned auto"; or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2. or 3. above. E. AMENDED DEFINITION The Definition of"insured contract" in Section F–Definitions is amended by the addition of the following exceptions to paragraph f.: — SB146902G (Ed. 6-16) Page 2 of 3 Copyright,CNA All Rights Reserved. 2G 1469 CNA S (Ed. 6o 6) Paragraph f. does not include that part of any contract or agreement: • That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or • That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. F. ADDITIONAL DEFINITIONS Section F. Definitions is amended by the addition of the following definitions: a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business. This does not include: i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households. c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence." If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence." G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following: H. Other Insurance 1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your"employee." 2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged. SB146902G (Ed. 6-16) Page 3 of 3 Copyright,CNA All Rights Reserved. ,eco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Charmaine Lim NAME: Charmaine Lim Farmers Insurance Agency PHONE Ext) 949-387-9999 jaC,No}; 949-788-1337 20 Pacifica Suite 1450 E-MAIL ADDRESS: Charmaine o@FarmersAtSpectrum com Irvine, CA 92618 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Mid Century Insurance Company 21687 INSURED INSURER B: Advantec Consulting Engineers,Inc. INSURER C: 1200 Roosevelt INSURER D: Irvine, CA 92620 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ---- -_-- ADDL SUBR. -_--- -_--- ---- POLICY EFF POLICY EXP -- -- - - - ---____-- LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY)-(MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrenceT ', $ _ CLAIMS-MADE • OCCUR MED EXP(Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE j $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ RO- POLICY JEOT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident' $ ANY AUTO , BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident), $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS •AUTOS LIPer accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION X' WC STATU- OTH- Y/N AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? N/A Y A09475420 11/12/2019 11/12/2020 --- - --- --- ------- (Mandatory in NH) ': E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under1'000.000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:Cathedral City:As Needed Traffic Engineering Services CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 day for nonpayment of premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 68-700 Avenida Lalo Guerrero AUTHORIZED REPRESENTATIVE Cathedral City,CA.9223 • 4 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ti;IN WC 99 06 19 FARMERS INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named .ADVANTEC CONSULTING ENGINEERS,INC. Insured ADVANTEC CONSULTING ENGINEERING,INC. . 1200 ROOSEVELT IRVINE CA 926203667 Agent Effective A0947-54 20 2019 Date 11/12, 19 97-15-2G1 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for which you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 3-0 %of the Workers'Compensation premium otherwise due for the state(s)listed below on such remuneration,subject toa minimum charge of All written contracts in the state(s)of. CA This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. Countersigned Authorized Representative WC 99 06 19 9-07 Page 1 of t 93-6369 )6369101