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HomeMy WebLinkAboutContract 1871 111 ADVANTEC Because We Care! LETTER OF TRANSMITTAL DATE:July 13, 2020 TO: John Corella City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, CA 92234 RE: Agreement for Traffic Signal Updates at Ten (10) Intersections Throughout The City of Cathedral City, Federal Project Number HSIPL-5430(034), City Project Number 8752 We are forwarding 0 By Messenger 0 By Mail El By Overnight 0 By pick-up To John Corella, Attached please find the original agreement for Traffic Signal Updates at Ten (10) Intersections Throughout The City of Cathedral City, Federal Project Number HSIPL- 5430(034), City Project Number 8752, along with a copy of the Certificate of Insurance. If there is any question, please let me know at (949) 861-4999 ext. 211, or email at virginiaor(a advantec-usa.corn. This material is transmitted: 0 For approval 0 For Review 0 For Your Use ll As Requested ADVANTEC Consulting Engineers, Inc. • BYL/G /( Virginia(9r, Marketing Coordinator 1200 Roosevelt • Irvine • CA 92620 • (949)861-4999 • www.advantec-usa.com C40/ / AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND ADVANTEC Consulting Engineers, Inc. This Agreement for Professional Services ("Agreement") is entered into as of June 24, 2020 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and ADVANTEC Consulting Engineers, Inc., 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 Traffic Signal Upgrades at ten (10) Intersections throughout the City of Cathedral City, Federal Project Number HSIPL-5430(034), City Project Number 8752, 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 Agreement shall go into effect on the Effective Date, and Consultant shall commence work after notification to proceed by the City Contract Administration. The agreement shall terminate on December 30, 2023, 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 lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by the City. (b) Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 28 "Termination of Agreement". (c) Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City Contract Administrator. No payment will be made prior to approval of any work, or 1 for any work performed prior to approval of this Agreement. (d) Consultant will be reimbursed within thirty (30) days upon receipt by City Contract Administrator of itemized invoices in duplicate. 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, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this project number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 12 "Equipment Purchase". The final invoice must be submitted within sixty (60) calendar days after completion of Consultant's work unless a later date is approved by the City. Invoices shall be mailed to the City in accordance with Section 33 "Notices". (e) The total amount payable by City shall not exceed $216,110.48. SECTION 6. COST PRINCIPLES 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. - 3 - (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 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 the Independent Office of Audits and Investigations (IOAI). IOAI, 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 - 4 - 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 IOAI's review of the ICR audit work papers created by the Consultant's independent CPA, IOAI will work with the CPA and/or 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 IOAI 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 IOAI. 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 IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI 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. IOAI 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 IOAI 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) IOAI 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) IOAI 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. - 5 - 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 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 Director of Engineering, who may consider written or verbal information submitted by Consultant. (b) Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, 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 sub-agreement 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 sub-agreement 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. - 6 - SECTION 10. RETENTION OF FUNDS. (a) Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this section. (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 7.0%. 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 - 7 - 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; (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. I - 8 - (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. (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) After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, Consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unit(adot.ca.govwith a copy to the City. (n) 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: - 9 - (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 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 - 10 - 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. (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 11 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. - 11 - 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 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. - 12 - 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 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. - 13 - 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. (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.dir.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. - 14 - (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. (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 City of 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 - 15 - 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. (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 - 16 - 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 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 sub-agreement 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 - 17 - 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- 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 - 18 - 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 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. - 19 - 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. 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. - 20 - (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. (h) All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City's attorney's fees and disbursements, including without limitation experts' fees and disbursements. (i) 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 - 21 - 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. 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. - 22 - (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 under this Agreement. A temporary suspension may be issued concurrent with the notice of termination. (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. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. 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. - 23 - 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. (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 - 24 - To Consultant: ADVANTEC Consulting Engineers, Inc. Attn: Carlos A. Ortiz, PE, TE, PTOE 1200 Roosevelt Irvine, CA 90071 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 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 - 25 - 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. 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 - 26 - 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 sub-agreements, 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 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 - 27 - 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). 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. -28 - IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY ADVANTEC Cgnsulti - . n•'neers, Inc. Charles P. McClendon By: City Manager I tsC�Ct' 60%2'74 A dr- 1,0 ATTEST: B Y Bliffrnr � Its: C- P �l . A L •/iii i 4 racey R. t41:rtine ` City Clerk APPROVED AST• •RM 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 - 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 Ora.noye V On Olt,` ray3o(-)Q before me,,r1YLC �4aiY1COO.-Zvie41A , LO114ylA Pfthlic, J Date �1 ► Here Insert Name and Title of the Officer personally appeared CaV ( 0`rh2 i Le 0 ue 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. Q 4 ANA PATRICIA RIVERA Notary Public•California Orange County WITNESS my hand and official seal. Commission#2242728 k,y Comm.Expires May 14,2021 Signature L% 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 ,p t Title or Type of Document: 1rafil l&4 -6 iv 1'Y4K- sko-ry1L1 S-oYv1(.A Document Date: km -SC Number of Pages: al Signer(s) Other Than Named Above: ►.3O Ok iet S\f Y1t Capacity(ies) Claimed by Signer(s) - Signer's Name: C(AV 10(-› Ota. Signer's Name: ,Corporate Officer—Title(s): !^OQ 't :Corporate Officer—Title(s): (� ❑ Partner— 0 Limited 0 General ❑ Partner— 0 Limited 0 General o Individual 0 Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association EXHIBIT "A" SCOPE OF SERVICES A-1 iit HSIP Cycle 9 Traffic Signal Upgrades—City Project No. C08752 Caf4eAd City City of Cathedral City EXHIBIT A: SCOPE OF WORK C.1 Scope of Work This section provides ADVANTEC's detailed approach and scope of work program to complete the City of Cathedral City's HSIP, Cycle 9,Traffic Signal Upgrades Project. The scope of work is itemized by task, subtask and deliverables based on the following professional services indicated in the RFP, and Amendments No. 1 and No. 2, and the project elements described in ADVANTEC's Full Proposal,which is made part of this Agreement by this reference. Task 1 Project Management/Administration Project Management - ADVANTEC will provide Project Management activities through all the aspects of the project including project administration, monthly progress reports, invoices, and thorough quality control. ADVANTEC will prepare a detailed work plan, project schedule and prepare progress reports. The monthly progress reports will include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. Project Coordination - ADVANTEC will also coordinate with City's Project Manager to set up bi-weekly conference calls to provide up-to-date project status, discuss any concerns or issues, and follow-ups on any requests or action items. This has been a successful project management strategy, it keeps everyone on same page, and it helps develop a team relationship that contributes to the success of this project with quality work,and on-schedule within budget performance. Project Coordination with Caltrans — ADVANTEC understands that the project has been funded through the federal aid Highway Safety Improvement Program (HSIP Cycle 9). ADVANTEC understands the funding requirements under the HSIP. ADVANTEC will coordinate with Caltrans to successfully implement the Project through all phases of work. Meetings - ADVANTEC will schedule and conduct a project kick-off meeting with the City to discuss the overall project, planning and design objectives, constraints, requirements, project schedule, develop action items, and understanding next steps. During the kick-off meeting, ADVANTEC will coordinate with City staff to assemble a Project Development Team (PDT). Once the PDT is assembled, ADVANTEC will schedule and conduct monthly PDT meetings to ensure all participants aware of the project status, critical milestones and decision points including review project schedules, planning activities, concepts, plans, and specifications. ADVANTEC will prepare and distribute meeting agendas, meeting minutes, updated project schedule (as necessary), and an action item matrix to the project team for each meeting that is held. Under this task, we propose to conduct a project kick-off meeting and up to four PDT meetings, and one City Council Meeting/Council Study Session. Project Schedule—Our proposed project schedule is provided under Section D. We are anticipating that the design and will be completed within six (6) months of award contract and anticipated that Caltrans will approve the environmental documents within the same period. Updated project schedules will be provided to the City at each PDT Meeting. The project schedule will include tasks and subtasks. Deliverables: Project Management and Administration Meetings - kick-off meeting attendance, four (4) PDT meetings at City Hall, and one (1) City Council Meeting/Council Study Session; Project Schedule; Monthly progress reports, project schedule updates, meeting agendas, meeting minutes,and action item matrices. Task 2 Field Work/Utility Coordination/Preliminary Plans Task 2.1 Field Work ADVANTEC will coordinate with City staff, collect and review available data for use and reference associate with the project improvements. ADVANTEC's Senior Traffic Engineers/Field Technicians will conduct a thorough field review of existing conditions at the ten (10)signalized intersections that consists, but not limited to collecting the following: • All roadway features including curb lines, property lines, edges of pavement, edges of paved sidewalks, curb returns, curb ramps,driveways and bus pads • Signing and striping,street lighting, and power poles • Traffic signal and associated equipment (e.g. traffic signal controllers, controller cabinets, pole locations, conduit, conduit fill,cables,vehicle detection,service enclosures, pull boxes,vaults, battery backup systems, EVP, etc.) Communication type and associated equipment (e.g. Ethernet switches, wireless radio and equipment, twist- pair/copper cable,termination blocks, etc.) • Communication conduit sizes, pull boxes,conduit sweeps,and cables ADVANTEC Page 18 1 Consu/ting Engineers HSIP Cycle 9 Traffic Signal Upgrades—City Project No. C08752 CdAtrhrld CitY City of Cathedral City ✓ Nearby underground utilities, cabinets, sub-structures, basements and vaults; and nearby aboveground structures (including bus shelters),aboveground cable and permanent street furniture ✓ Other field conditions that might affect a design decision ✓ ADA pedestrian ramps compliance and constraints ✓ Sidewalk and pavement conditions ✓ Photographs of each signalized intersection, traffic signal equipment and roadway features using GPS cameras so that the photos can be easily integrated to GIS map Upon completion of the above items, ADVANTEC will identify potential constraints that may be encountered in relation to the proposed improvements. This information will be used to prepare base mapping and proposed improvements at the project intersections. This information will also be used as our foundation for our inventory and assessment of existing conditions, conceptual plans, recommended improvements and preparation of roadway plans, traffic signal improvement plans and signing and striping plans. Deliverables: Data collection inventory matrix,field review notes, and photos. Task 2.2 Utility Coordination Utility notification and coordination will be required to ensure quality design and help eliminate utility conflicts during construction. Utility notifications will be provided to the various utility owners within the sphere of each project intersection;the notifications will be prepared using the City's letterhead. ADVANTEC will request locations for existing and proposed underground and overhead utilities, including high risk utilities. The utility information provided by the agencies will be delineated on the plans based on their record drawings and our field review. The location of our proposed improvements will take into consideration of the existing utilities. In the event of any utility conflicts, ADVANTEC will coordinate the relocation of all utilities affected by the project. Our goal is to relocate their facilities, if necessary, prior to the start of construction of the project improvements. ADVANTEC will compile all utility coordination and information in a matrix format to include dates of notification, persons/utility notified and responses from the utility company. Letters will be sent to the utility companies requesting their review and verification of their facilities during the preliminary and final plan submittals to obtain their concurrence with the information shown on the plans. Copies of this information will be updated periodically and provided to the City of Cathedral City at the scheduled project meetings and/or as the information has been received. ADVANTEC will conduct utility coordination throughout the design phase of the project. If required to establish new electrical service points, ADVANTEC will coordinate with Southern California Edison's service planner for appropriate connections and designs. Please note: ADVANTEC's fees do not include fees or costs associated with the processing and collection of as-built plans or documentation from the utility companies. Typically,fees are waived when submitting utility requests using the City's letterhead. Deliverables: Utility notification and coordination, utility letters, utility plans and utility coordination matrix. Preliminary and final plan sets will be submitted to the utility companies their concurrence with the information shown on the plans. Task 2.3 Traffic Data Collection and Level of Service Analysis Traffic Data Collection-ADVANTEC will collect AM, MD, and PM turning movement peak hour traffic counts at the Ramon Road/Whispering Palm Trail and Ramon Road/Desert Vista Road project intersections. The traffic counts will include vehicles, pedestrians and bicycles. Level-Of-Service and Left Turn Phasing Analysis - ADVANTEC will prepare a left-turn phasing and Level-Of-Service (LOS) analysis at the Ramon Road/Whispering Palm Trail and Ramon Road/Desert Vista Road project intersections. Based on our field review and traffic signal timing sheets provided by the City, ADVANTEC will develop a traffic model using Sychro software, calibrate the model with the existing traffic signal timing parameters, and input the traffic counts (AM/MD/PM peak hours) to provide the LOS and operations analysis. Two scenarios will be analyzed for each project intersection: 1) with protected/permissive left turn phasing and 2) with protected left-turn phasing during the AM, MD, and PM peak hours. A comparison analysis between these two scenarios will be provided that evaluates the difference between the LOS. Based on the results of the LOS analysis, ADVANTEC will provide recommendations for the left turn phasing, and If additional deficiencies are found, ADVANTEC will provide recommendations to improve the signal operations (e.g. signal overlap, no-turn on red, etc.). As an added-value, ADVANTEC will also conduct another check to determine if protected left-turn phasing is necessary at each signalized intersection. There are three different guidelines that are used to determine if protected left turn phasing is necessary at a signalized intersection and what type should be used. The three guidelines are from the Institute of Transportation Engineers(ITE), the Highway Capacity Manual (HCM), and the California Manual on Uniform Traffic Control Devices (CA MUTCD). Each of the guidelines uses varied metrics to consider left turn control yet are similar in that they all consider the volume-to-capacity(v/c) ratio for the permissive left turn as a function of ADVANTEC Page 119 Consulting Engineer., HSIP Cycle 9 Traffic Signal Upgrades—City Project No. CO8752 eat` L City City of Cathedral City the opposing traffic flow.The ITE process chart is a convenient way of evaluating the type of left turn control that is needed at an intersection; the HCM method expands beyond v/c ratios and evaluates other operational aspects of the intersection such as the availability of gaps in the opposing traffic; and Section 4D.19 of the CA MUTCD provides a comprehensive evaluation of left turn control by also looking at delay and collision history. As detailed in the CA MUTCD, there are four major areas to look at: collisions, delay, volumes, and miscellaneous factors such as limited sight distance or vehicle mix. ADVANTEC will discuss these three different guidelines with City staff to determine which one or combination of all they would like to use. This will be included as an additional section in this study with no additional fee. A technical memorandum will be prepared introduction, purpose, study area, existing conditions, LOS methodology, LOS analysis, protected left turn phasing analysis, and recommended improvements (e.g. left turn phasing, and improved signal operations). Deliverables: AM, MD,and PM Peak Hour Traffic Counts(2 locations). Draft and Final Technical Memorandum: Left Turn Phasing and Level of Service Analysis at the Ramon Road/Whispering Palm Trail and Ramon Road/Desert Vista Road project intersections. Task 2.4 Surveying and Topographic Mapping ADVANTEC Team will provide base mapping in AutoCAD using as-built plans, record drawings, right-of-way maps, assessor parcel maps, and easement information within the project limits including digital aerial and/or GIS information provided by the City (if available), utilities and information from our field review. Our base mapping will include all substantial improvements within the street right-of-way (above and below ground) relevant to the layout of existing and proposed improvements.This includes, but not limited to, utilities, manholes, valves, utility vaults, signs, striping, trees, utility poles, overhead wiring, traffic signal poles, traffic signal equipment, pull boxes, communication conduit/equipment, street lights, curb and gutter, catch basins, driveway openings, sidewalks, access ramps, fire hydrants, parkway drains, etc. This information will also be used as our foundation for our inventory and assessment of existing conditions, our recommended improvements and preparation of the traffic signal modification plans, and ADA compliant pedestrian ramp details, at ten (10) locations. At each project intersection, our subconsultant CL Surveying and Mapping (CL) will conduct the design surveying necessary for topographic base mapping, and ADA pedestrian ramp design and reconstruction. At all locations, cross-sections and topographic base maps will be produced by ground survey methods. The base maps will identify all existing street improvements, drainage structures,fire hydrants, utility facilities, landscaping(trees), signs, street lights, and other appurtenant improvements within the sphere of curb returns, and approximately 30 feet beyond the curb returns where the new pedestrian ramp and/or sidewalk improvements are proposed — base mapping beyond the design survey will be supplemented by the ADVANTEC Teams data collection and field review. The surveying and topographic mapping provided by our subconsultant,CL,will consist of the following elements: Site Control.The ADVANTEC Team will establish a site-wide network of horizontal/vertical control to serve as the basis for any subsequent boundary, topographic, or construction staking surveys that may be required throughout the course of the project. The ADVANTEC Team will reference an assumed horizontally, and available local agency vertical datum, unless specifically requested otherwise. Centerline/Right-of-Way Establishment/Mapping.The ADVANTEC Team will conduct the field measurements necessary to re-trace the centerlines and rights-of-ways within the project limits. This effort does not constitute a full and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey shall be limited to existing,centerline monuments found to be present along the streets and all associated ties as indicated. Topography and Street Cross Sections. The ADVANTEC Team will perform a field topographic survey at each project intersection. Visible indications of surface utilities, trees, utility poles, luminaries, fencing, walls, sidewalks, hardscape, signs and edge of pavement lying within ramp and bus stop locations will be located, as well as lip of gutter,flow line,top of curb and back of walk elevations.Survey will also extend 30-feet from BCR and ECR. Overhead power lines will also be collected. Deliverables: Surveying and Topographic Mapping in AutoCAD for the project intersections(10 signalized intersections). Task 2.5 Preliminary Design Traffic Signal Equipment Inventory Matrix- Based on our inventory and field review,ADVANTEC will prepare a traffic signal equipment inventory matrix that will include the quantities and conditions of all above ground traffic signal equipment as defined in the RFP, including but not limited to traffic signal controllers,traffic signal poles,signal mast arm poles, luminaire mast arms, luminaire type, signal heads, pedestrian heads, mounted signs on traffic signal/mast arm poles, internally illuminated street name signs (IISNS), pedestrian push buttons, ADA pedestrian ramps, communications, and vehicle detection. Recommended Improvements and Budgetary Cost Estimates - Based on our review of the traffic signal equipment inventory matrix, ADVANTEC will use our engineering judgement, and the latest City requirements, California Manual on ADVANTEC Page I 20 IN Consulting Engineer.. HSIP Cycle 9 Traffic Signal Upgrades—City Project No. C08752 Caf I City City of Cathedral City Uniform Traffic Control Devices (CA MUTCD), Caltrans Standard Plans and Specifications, as applicable to determine the recommended improvements on a per item per intersection basis. The traffic signal equipment inventory matrix will be expanded to show the recommended improvements with budgetary cost estimates per item. The unit costs will be based on current cost data. It is anticipated that our recommended improvements will include new signal heads, pedestrian countdown heads,signal poles,ATC controllers,etc.This will be submitted in a technical memorandum format. Preliminary Improvement Plans (Conceptual Layout Plans, 35% Submittal) - Based on the results of the left-turn phasing and LOS analysis, and the recommended improvements from our field review, ADVANTEC will prepare preliminary improvement plans at each intersection showing proposed ADA pedestrian ramps, dilemma zone improvements, detection zones and equipment,traffic signal pole locations(existing or new) improvements, new count-down pedestrian indications, new ATC controller/cabinets, etc. for City's review and approval prior to final design. The preliminary improvement plans will conform to the City's requirements and will be prepared in AutoCAD at 1"=20' scale on 24"x36" City of Cathedral City title block. If necessary, preliminary signing and striping plans will include base mapping from the as-built information, and information we obtained from our detailed field review including roadway features, pedestrian access ramps, parkway information, centerline with stationing and right-of-way including existing and proposed signing and striping, and any other pertinent information including potential conflicts and concerns. Deliverables: Draft and Final technical memorandum including the traffic signal equipment inventory matrix, recommended improvements, and budgetary cost estimates(2 copies). Preliminary improvement plans(35%Submittal). Task 3 Environmental Documentation Our subconsultant, Dudek, will prepare environmental documentation and approvals in support of the Project. Dudek's scope of work will include: Task 3.1 NEPA Compliance The following services will be provided under this sub-task: • Attendance at one kick-off meeting with the City and ADVANTEC to discuss scope of work and project design. • Conduct a site visit to document baseline conditions for analysis. • Research available data (agency websites, GIS, aerials, etc.) to support PES analysis and prepare an Initial Site Assessment, Visual Impact Assessment Questionnaire and Air Quality Conformity Checklist to attach to the PES Form, in addition to other required attachments. • Preparation of a PES checklist, including a narrative discussion to justify the checklist findings (Yes, To Be Determined, No)for each impact topic. • Submit Draft PES Form and attachments to the City and ADVANTEC for review and revise PES according to comments. • Submit PES Form and attachments to Caltrans via email to Caltrans District 8 Local Assistance Engineer. • Once Caltrans approves the PES, Dudek will mail an original signed hard copy of the PES form and attachments to Caltrans for their records. Deliverables: One(1)electronic copy of Draft PES Form and attachments to City staff and ADVANTEC; One(1)electronic copy of PES Form and attachments to Caltrans,City Staff and ADVANTEC; One hard copy of PES Form and Attachments to Caltrans upon approval of PES Form; One(1)hard copy of approved PES Form and attachments to City and ADVANTEC upon request. Task 3.2 CEQA Compliance The following services will be provided under this sub-task: • Prepare Notice of Exemption (NOE), which will include the following: (1) a cover letter to the County Clerk, (2)the NOE including findings for a CEQA CE,and a map of the Project site and surrounding area. • Submit Draft NOE to the City and ADVANTEC for review and review NOE according to comments. • File the NOE(including filing fee)with the County Clerk for a review period of 35 days. Deliverables: One(1)electronic copy of Draft and Final NOE to City Staff and ADVANTEC Task 3.3 Technical Studies (OPTIONAL) As subconsultants to Dudek, Paleo Solutions, Inc. will perform all cultural resources services to support environmental approvals under NEPA, as required by Caltrans. This scope of services assumes a "worst-case scenario" and a modified ADVANTEC Consulting Engineers HSIP Cycle 9 Traffic Signal Upgrades—City Project No. CO8752 cat ,City City of Cathedral City scope of services will be provided if less intensive technical studies are requested. If Caltrans does not request any technical studies, the APE Map/ASR/HPSR would not be necessary. If Caltrans requests any technical studies not included in this scope of services, Dudek can provide a separate scope and fee to conduct any necessary studies. APE Map/ASR/HPSR • Paleo Solutions will conduct a records search with the Eastern Information Center(EIC) at University of California, Riverside,and review known resources within a 1-mile area of potential effect(APE). • Consult Historic Resources Inventory to identify resources listed in or determined to be eligible for listing in the National Register of Historic Places(NRHP)and the California Register of Historical Resources(CRHR) • Examine historic maps and aerial photographs to identify previous and extant built environment resources within the APE. • Assist the City and Caltrans with Native American consultation under Section 106 of the NHPA. Task includes: request search of the Sacred Lands File from the Native American Heritage Commission (NAHC). • Draft consultation letters and send via certified mail to all contacts identified by the NAHC and up to two (2) follow-up phone calls will be made to each contact.A correspondence log will be created, and all responses will be forwarded to the City and Caltrans. • Conduct a field survey of the APE to identify archaeological resources and historic-age (i.e., 50 years old or older) elements of the built environment. Any identified resources will be documented in detail with photographs and the location recorded by address(if available)and GPS coordinates. For each identified resource(if any identified), a Department of Parks and Recreation (DPR) 523 resource record will be prepared. A preliminary evaluation for eligibility to the NRHP and CRHR will be conducted for each resource. • Prepare an ASR and HPSR report in accordance with Caltrans requirements as specified in the SER Volume II — Cultural Resources. The report(s) would summarize methods and results of the records search and literature review,outreach with historical societies,consultation with Native Americans, and field survey. • Submit APE map, ASR, and HPSR to Caltrans via email for review. This task includes ongoing consultation with Caltrans during preparation of the APE map and review the applicable reports. Deliverables: One electronic copy and two hard copies of the APE map,ASR and HPSR. Task 4 Plans, Specifications, and Estimate (PS&E) Task 4.1 Final Plans After the completion of the environmental documentation, and based on the City's approval of the preliminary improvement plans,ADVANTEC will advance the plans to final design. The traffic signal improvement plans,ADA compliant pedestrian ramps plans, and signing/striping plans (if necessary) will conform to the City's requirements and will be prepared in AutoCAD at 1"=20'scale on 24"x36"City of Cathedral City title block. The design shall conform to requirements by the City of Cathedral City, Caltrans LAPM, Caltrans standard plans and specifications (latest version), and California MUTCD. All plans will be prepared by a registered Civil Engineer in the State of California. Based on our assessment of the proposed improvements and associated details, we have determined this project will require approximately 22 plan sheets. The following table provides a breakdown of the number of sheets, the types of plans, and work or information associated with each plan. Sheet description Number of Sheets Title Sheet 1 Traffic Signal Modification Plans 10 Signing and Striping Plans (Optional) ADA Compliant Pedestrian Ramps Plans 6 ADA Compliant Pedestrian Ramp Details 2 Detail Sheet:Typical Traffic Signal Cabinet/Equipment Details, Dilemma Zone Equipment,Video } Detection Camera Installation,Trenching,Communications,Etc. 3 Total 22 The following summarizes the layout for each plan type and details associated with each sheet: ADVANTEC Page 22 Consulting Ettgdneer.+ HSIP Cycle 9 Traffic Signal Upgrades—City Project No.CO8752 CAA.... City City of Cathedral City NM/Iw..l`� i Title Sheet:ADVANTEC will prepare the project Title Sheet in accordance to the City of Cathedral City requirements. Traffic Signal Modification Plans: ADVANTEC will prepare traffic signal modification plans for the 10 signalized intersections. The traffic signal modification plans will include all items outlined in the RFP— In summary, the plans will include all base mapping, as-built information and utilities, and all existing and proposed dilemma zone improvements, traffic signal poles and equipment, communication infrastructure, advanced dilemma zone detection, pole schedules, conductor schedules, construction notes, and any details necessary to facilitate the installation and construction of the project improvements. The traffic signal modification plans will be prepared at 1" =20' scale in AutoCAD in accordance with the latest State, County, and City Standards. The design will conform to the latest State of California Department of Transportation(Caltrans)Standard Plans and Specifications and the California MUTCD. Detail Sheets: The following summarizes the typical information each detail sheet: Dilemma Zone Equipment Details, Typical Traffic Signal Cabinet/Equipment Details, Video Detection Camera Installation (if required), Trenching, Communications, Etc. ADA Compliant Pedestrian Ramps Plans: ADVANTEC will prepare roadway improvement plans for the design of the proposed ADA compliant pedestrian ramps including plan and profile,if necessary(10 intersections)—otherwise we will use the GREENBOOK standard pedestrian ramp details. Plans will indicate removal/replacement of curbs, gutters, sidewalks, access ramps, sidewalk and protection of existing facilities. At a minimum, each detail shall contain a north arrow, scale, match lines with station and sheet reference,plan and profile construction notes for all improvements on the sheet. Signing and Striping Plans(If Required):ADVANTEC will prepare signing and striping plans for the related improvements at each signalized intersection (10 locations). The signing and striping plans will show existing features to remain, existing features to be removed or relocated,and the installation of new features. The plans will include the specified border,title block, signature block, "As-Built" block, legend; general and construction notes; and any construction details necessary to facilitate installation of the signing and striping design. The signing and striping plans will be prepared at 1" =40' scale in AutoCAD in accordance with the latest State, County, and City Standards. The design will conform to the latest State of California Department of Transportation(Caltrans)Standard Plans and Specifications and the California MUTCD. Deliverables: Final Plans at 90%and 100%. Task 4.2 Technical Specifications ADVANTEC will prepare the project Technical Specifications and Bid Documents based on the project design plans and the associated improvements per the City of Cathedral City requirements and the latest Caltrans Standard Plans and Specifications; California Manual on Uniform Traffic Control Devices (CA MUTCD), and the GREENBOOK. The technical specifications will include a project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. The project Technical Specifications will be prepared and signed by a registered Civil Engineer in the State of California. Deliverables: Technical Specifications at 90%and 100%. Task 4.3 Construction Quantities and Engineer's Estimate ADVANTEC will prepare construction quantity take-offs and construction cost estimates for the proposed traffic signal and ADA ramps improvements,and if necessary,signing and striping improvements.The unit costs will be based on current cost data and historical cost data associated with the identified bid items. Preliminary and final quantities and construction cost estimates will be provided to the City. Deliverables: Construction Quantities and Engineer's Estimate at 90%and 100%. Task 5 Bidding Assistance ADVANTEC will provide bidding assistance services for the construction plans and specification interpretation and consultation during the bidding phase of the project,including the following: ✓ Attend pre-bid meeting(if required). ✓ Review and respond to questions regarding to the technical provisions,design drawings, or conflicts during the bidding process. ✓ Review and respond to Request for Information(RFI)from the City or Contractors. Deliverables: Bidding Assistance. Task 6 Construction Support ADVANTEC will provide construction support services for the construction plans and specification interpretation and consultation during the construction phase of the project,including the following: ADVANTEC Page 1 23 Consulting Engineers catHSIP Cycle 9 Traffic Signal Upgrades—City Project No. C08752 AC, 1 City of Cathedral City a�Ms1N0�n V ✓ Attend pre-construction meeting and respond to questions regarding the technical provisions and the design during the meeting. ✓ Review and respond to shop drawing submittal for conformity with the plans and specifications. ✓ Review and respond to Request for Information (RFI)or Change Request(CR)from the City or Contractor. ✓ Review design change request and prepare new design plans as needed. ✓ Maintain a documentation of all changes (either clouded or clearly described) to approved plan set (e.g. delta revisions). In addition, ADVANTEC will prepare Record Drawings based on "markups" provided by the Contractor and project inspector. Deliverables: Construction Support Services and Record Drawings. Optional Services Task 7 Develop New Traffic Signal Timing Sheets ADVANTEC will provide new traffic signal timing plans based on the new protected left turn signal phasing and the addition of the advanced dilemma detection; and ensure timing plans are conformance with the latest CAMUTCD standards. ADVANTEC is assuming that selected project intersections will require updated timing plans under the current traffic signal operating scenarios: running free and under coordination during AM, MD, and PM peak hours. ADVANTEC will ensure the new timing plans are compliance with latest CAMUTCD requirements, including: Pedestrian Clearance;Yellow Clearance;All Red; and Bicycle Minimum Green times. ADVANTEC will document these measurements, timing parameters, calculations, etc. in an Excel spreadsheet for the City's review and approval. ADVANTEC will include the updated traffic signal timing information in the Synchro software traffic model that we develop for each project intersection in order to provide the new traffic signal timing plans for the City (total 3 plans per intersection). ADVANTEC will also provide traffic simulations (from the Synchro software) to observe and determine the optimum traffic signal operations using this technology. If signal coordination is necessary,ADVANTEC can provide these services for additional scope and fee. Deliverables: Brief Technical Memorandum documenting the updated timing parameters and calculations for selected project intersections during free operations, and during AM, MD and PM peak hours (total 3 plans per intersection) for the 10 project intersections. This includes collecting AM, MD and PM peak hour traffic counts. Exclusions Consulting services relating to any of the following tasks may be completed by ADVANTEC if negotiated under a separate contract for an additional fee; but are presently excluded from this Agreement: • Geotechnical Studies • Additional Environmental Studies Due to Ground Disturbance • Additional Meetings • Encroachment Permit Fees • Engineering Reports • Other Roadway Improvements • Utility Potholing • Additional Traffic Counts • Additional Traffic Signal Timing Plans • Signal Synchronization Plans • Landscaping and Irrigation Plans ADVANTEC Page 1 24 Consulting Engineers EXHIBIT "B" COMPENSATION B-1 E g S a 4 e5 ag al a 2 N N N N . 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Project No. HSIPL-5430(034) Contract No.CO8752 Date 6/9/2020 DIRECT LABOR Classification/Title Name hours Actual Hourly Rate Total Project Director Carlos Ortiz 22 $120.20 $2,644.40 Project Manager John Dorado 126 $76.92 $9,691.92 QA/QC Manager Keith Rand 4 $101.93 $407.72 Senior Traffic Engineer Jose Guedes 2 $72.12 $144.24 Systems Engineer John Cox 70 $51.75 $3,622.50 Associate Engineer Enrique Biche 82 $44.72 $3,667.11 Associate Engineer Frank Gomez 110 $38.46 $4,230.60 Associate Engineer Bryan Elenes 102 $38.46 $3,922.92 Associate Engineer Madeleine Ortiz 128 $36.06 $4,615.68 Associate Engineer Jonathan Delgado 128 $39.43 $5,047.04 Associate Engineer Joseantonio Hernandez 131 $31.25 $4,093.75 Associate Engineer Robert Steaffens 46 $46.64 $2,145.44 Associate Engineer David DeClue 49 $31.00 $1,519.00 Associate Engineer Ryan Miller 4 $43.27 $173.08 Associate Engineer Nicholas Park 10 $31.25 $312.50 LABOR COSTS a) Subtotal Direct Labor Costs $46,237.91 b) Anticipated Salary Increases(see page 2 for calculation) $0.00 c)TOTAL DIRECT LABOR COSTS 1(a)+(b)] $46,237.91 INDIRECT COSTS d) Fringe Benefits (Rate: 55.78% ) e)Total Fringe Benefits [(c)x(d)] $25,791.51 f) Overhead&G&A (Rate: 96.20% ) g)Overhead[(c)x(f)] $44,480.87 h) General and Administrative (Rate: 0.00% ) i)Gen&Admin[(c)x(h)] $0.00 j)Total Indirect Costs[(e)+(g)+(i)] $70,272.38 FIXED FEE k)TOTAL FIXED PROFIT[(c)+(j)]x fixed fee 10.00% ] $11,651.03 1)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add adiditonal pages if necessary) Description Quantity Unit Unit Cost Total Mileage Costs 2621 miles $0.575 $1,507.08 Printing 98 lump sum $15.00 $1,470.00 Data Collection(Counts Unlimited) 1 lump sum $480.00 $480.00 $0.00 $0.00 I)TOTAL OTHER DIRECT COSTS $3,457.08 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1:Dudek $13,790.76 Subconsultant 2:Mark Thomas $48,557.40 Subconsultant 3:CL Surveying&Mapping $22,143.92 Subconsultant 4: m)TOTAL SUBCONSULTANTS'COSTS $84,492.08 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(1)+(m)] $87,949.16 TOTAL COST[(c)+(j)+(k)+(n)] $216,110.48 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. Page 1 of 9 LPP 17-01 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 (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) 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 Contract Duration Proposal $46,237.91 1014 = $45.60 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalat Avg Hourly Rate Proposed Escalation Year 1 $45.60 + 0% _ $45.60 Year 2 Avg Hourly Rate Year 2 $45.60 + 0% = $45.60 Year 3 Avg Hourly Rate Year 3 $45.60 + 0% = $45.60 Year 4 Avg Hourly Rate Year 4 $45.60 + 0% = $45.60 Year 5 Avg Hourly Rate 3. Calculate estimated hours per year(Multiply estimate(1/0 each year by total hours) Estimated% Total Hours Total Hours Completed Each Year per Cost Proposal per Year Year 1 20.00% * 1014.00 = 202.80 Estimated Hours Year 1 Year 2 20.00% * 1014.00 = 202.80 Estimated Hours Year 2 Year 3 20.00% * 1014.00 = 202.80 Estimated Hours Year 3 Year 4 20.00% * 1014.00 = 202.80 Estimated Hours Year 4 Year 5 20.00% * 1014.00 = 202.80 Estimated Hours Year 5 Total 100% Total = 1014.00 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 $45.60 * 203 = $9,247.58 Estimated Hours Year 1 Year 2 $45.60 * 203 = $9,247.58 Estimated Hours Year 2 Year 3 $45.60 * 203 = $9,247.58 Estimated Hours Year 3 Year 4 $45.60 * 203 = $9,247.58 Estimated Hours Year 4 Year 5 $45.60 * 203 = $9,247.58 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $46,237.91 Direct Labor Subtotal before Escalation = $46,237.91 Estimated total of Direct Labor Salary Increase = $0.00 Transfer to Page 1 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. 1 1 t P i F F i I Page 2 of 9 LPP 17-01 January 2018 1 l 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 conract are actual,reasonable,allowable,and allocable to the contract in accordance with the contract terms and the following 1. Generally Accepted Accounting Principles(GAAP) 2.Terms and conditions on the contract 3. Title 23 United States Code Section 112-Letter of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulartions Part 172-Procurement,Management,and Administration of Engineering and Desgin Related Service 6.48 Code of Federal Regulartions 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: Carlos Ortiz � Title*:Chief Operative Officer Signature: /r Date of Certification(mm/dd/yyyy): 6/9/2020 Email: cortiz@advantec-usa.com Phone Number: 949-861-4999 Address: 73710 Fred Waring Drive,Suite 120,Palm Desert,CA 92260 *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: Traffic Engineering I Page 3 of 9 LPP 17-01 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal 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 El Subconsultant ❑ 2nd Tier Subconsultant Consultant Dudek Project No. HSIPL-5430(034) Contract No. CO8752 Date 06/08/2020 DIRECT LABOR Classification/Title Name hours Actual Hourly Rate Total Wendy Worthey 16 $80.82 $1,293.12 Audrey Nickerson 65 $33.65 $2,187.25 Publications Specialist II Daniel Kil 8 $29.11 $232.88 GIS Specialist II Andrew Greis 12 $40.61 $487.32 Technical Editor II Corinne Price 8 $33.67 $269.36 LABOR COSTS a) Subtotal Direct Labor Costs $4,469.93 b) Anticipated Salary Increases(see page 2 for calculation) $0.00 c)TOTAL DIRECT LABOR COSTS[(a)+(b)[ $4,469.93 INDIRECT COSTS d) Fringe Benefits (Rate: 70.95% ) e)Total Fringe Benefits [(c)x(d)] $3,171.42 0 Overhead&G&A (Rate: 92.02% ) g)Overhead[(c)x(f)] $4,113.23 h) General and Administrative (Rate: 0.00% ) i)Gen&Admin[(c)x(h)] $0.00 j)Total Indirect Costs[(e)+(g)+(i)] $7,284.64 FIXED FEE k)TOTAL FIXED PROFIT [(c)+(j)]x fixed fee 15.00% ] $1,763.19 I)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add adiditonal pages if necessary) Description Quantity Unit Unit Cost Total Mileage Costs 40 miles $0.575 $23.00 Reproduction 500 sheet $0.30 $150.00 Postage 2 package $25.00 $50.00 County Filing Fee 1 fee payment $50.00 $50.00 $0.00 1)TOTAL OTHER DIRECT COSTS $273.00 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: $0.00 Subconsultant 2: $0.00 Subconsultant 3: $0.00 Subconsultant 4: $0.00 m)TOTAL SUBCONSULTANTS'COSTS $0.00 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $273.00 TOTAL COST[(c)+(j)+(k)+(n)] $13,790.76 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. Page 1 of 9 LPP 17-01 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 Certifying: Name: Christine Moore Title*:CFO Signature: L ,c.e h•-fri-t.( Date of Certification(mm/dd/yyyy);06/08/2020 Email: cmoore@dudek.com Phone Number: 760.479.4873 Address: 605 3rd Street, Encinitas, CA 92024 *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: Page 3 of 9 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Note:Mark-ups are Not Allowed U Prime Consultant M Subconsultant L_J 2nd Tier Subconsultant Consultant: Mark Thomas&Company,Inc. Project No. HSIPL-5430(034) Contract No. CO 8752 Date 06/09/2020 DIRECT LABOR Classification/Title Name Range Hours Actual Hourly Total Rate Principal $120-$140 $ 130.11 $ - Sr. Engineering Manager $95-$116 $ 110.12 $ - Engineering Manager $85-$100 $ 93.64 $ - Practice Area Leader $85-$100 $ 93.64 $ - Sr. Project Manager Paul Mittica* $66-$85 18 $ 75.75 $ 1,363.50 Sr.Technical Lead $66-$85 $ 78.56 $ - Project Manager $57-$70 $ 64.18 $ - Technical Lead $57-$70 $ 64.18 $ - Sr. Project Engineer $48-$60 $ 55.41 $ - Sr.Technical Engineer $48-$60 $ 55.41 $ - Project Engineer $44-$55 40 $ 48.05 $ 1,922.00 Design Engineer II $37-$45 116 $ 42.08 $ 4,880.82 Design Engineer I $28-$38 240 $ 34.02 $ 8,164.32 Sr.Technician $34-$44 $ 41.03 $ - Technician $23-$35 $ 30.16 $ - Intern $15-$23 $ 19.64 $ - Survey Division Manager $79-$95 $ 88.38 $ - 1 Sr. Survey Manager $63-$78 $ 72.60 $ - Survey Manager $57-$64 $ 61.37 $ - Sr. Project Surveyor $52-$60 $ 56.11 $ - Project Surveyor $46-$56 $ 51.20 $ - Sr.Surveyor $37-$50 $ 45.94 $ - Surveyor $32-$40 $ 36.82 $ - Lead Survey Technician $43-$50 $ 48.05 $ - Sr.Survey Technician $32-$43 $ 37.88 $ - Survey Technician $22-$32 $ 27.35 $ - Survey Intern $15-$25 $ 19.99 $ - Single Chief $42-$50 $ 47.70 $ - Single Chainman $34-$45 $ 39.98 $ - Apprentice $18-$36 $ 28.41 $ - 1 Person Field Crew $42-$50 $ 47.70 $ - 2 Person Field Crew $84-$95 $ 92.24 $ - 3 Person Field Crew $118-$135 $ 122.04 $ - Sr. LAUD Division Manager $78-$90 $ 82.42 $ - LAUD Division Manager $68-$83 $ 76.10 $ - Sr. LAUD Project Manager $59-$70 $ 66.63 $ - LAUD Project Manager $54-$65 $ 58.92 $ - Landscape Architect $38-$54 $ 45.94 $ - Landscape Designer $26-$40 $ 35.07 $ - Intern $15-$23 $ 19.64 $ - Deputy Director Manager $72-$105 $ 97.85 $ - Associate Sanitary Engineer $50-$60 $ 52.96 $ - Assistant Sanitary Engineer $45-$50 $ 45.94 $ - Sr. Inspector $34-$47 $ 41.03 $ - Inspector $30-$40 $ 34.02 $ - Inspector-Apprentice $22-$34 $ 23.85 $ - Resident Engineer $70-$90 $ 78.56 $ - ARE/Construction Inspector $48-$58 $ 52.96 $ - Expert Witness $130-$150 $ 147.30 $ - Strategic Consulting $130-$150 $ 147.30 $ - Sr. Funding Specialist $50-$60 $ 56.11 $ - Funding Specialist $40-$50 $ 45.59 $ - Sr. Project Accountant $35-$49 $ 44.54 $ - Project Accountant $30-$40 $ 36.12 $ - Sr. Project Coordinator $35-$48 $ 40.33 $ - Project Coordinator $27-$37 6 $ 31.91 $ 191.46 Sr. Project Assistant $27-$36 $ 31.56 $ - Project Assistant $15-$28 $ 23.85 $ - Sr.Technical Writer $28-$42 $ 35.42 $ - Technical Writer $15-$30 $ 24.55 $ - Sr. Graphic Manager $42-$55 $ 48.40 $ - Sr.Graphic Designer $32-$45 $ 42.08 $ - Graphic Designer $21 -$38 $ 34.02 $ - LABOR COSTS a) Subtotal Direct Labor Costs $ 16,522.10 b) Anticipated Salary Increases(see page 2 for calculation) $ 247.83 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $ 16,769.93 INDIRECT COSTS d) Fringe Benefits (Rate: 77.48% ) e)Total Fringe Benefits[(c)x(d)] $ 12,993.34 f) Overhead&G&A (Rate: 77.11% ) g)Overhead[(c)x(f)] $ 12,931.29 h) General&Admin (Rate: ) i)Gen&Admin[(c)x(h)1 $ - j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 25,924.63 FIXED FEE k)TOTAL FIXED FEE[(c)+(j)]x fixed fee: 12% $ 5,123.35 I)CONSULTANTS OTHER DIRECT COSTS(ODC)-ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total Mileage 300 Miles $ 0.575 $ 172.50 Copies 500 EA $ 0.05 $ 25.00 Reproductions-Full Size 12 Sheets $ 1.00 $ 12.00 Miscellaneous Costs 1 LS $ 500.00 $ 500.00 Overnight Mail 2 EA $ 15.00 $ 30.00 I)TOTAL OTHER DIRECT COSTS $ 739.50 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1: m)TOTAL SUBCONSULTANTS'COSTS $ - n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(I)+(m)] $ 739.50 TOTAL COST[(c)+(j)+(k)+(n)] $ 48,557.40 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. CALCULATIONS FOR ANTICIPATED SALARY INCREASES Consultant Mark Thomas & Company Project No. HSIPL-5430(034) Contract No. CO 8752 Date 6/09/2020 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 $ 16,522.10 420 = $ 39.34 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 $ 39.34 + 3% _ $ 40.52 Year 2 Avg Hourly Rate Year 2 $ 40.52 + 3% _ $ 41.73 Year 3 Avg Hourly Rate Year 3 $ 41.73 + 3% = $ 42.99 Year 4 Avg Hourly Rate Year 4 $ 42.99 + 3% = $ 44.28 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 50.00% * 420.0 = 210.0 Estimated Hours Year 1 Year 2 50.00% * 420.0 = 210.0 Estimated Hours Year 2 Year 3 0.00% * 420.0 = 0.0 Estimated Hours Year 3 Year 4 0.00% * 420.0 = 0.0 Estimated Hours Year 4 Year 5 0.00% * 420.0 = 0.0 Estimated Hours Year 5 Total 100% Total = 420.0 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 $ 39.34 * 210 = $ 8,261.05 Estimated Hours Year 1 Year 2 $ 40.52 * 210 = $ 8,508.88 Estimated Hours Year 2 Year 3 $ 41.73 * 0 = $ - Estimated Hours Year 3 Year 4 $ 42.99 * 0 = $ - Estimated Hours Year 4 Year 5 $ - * 0 = $ - Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $ 16,769.93 Direct Labor Subtotal before Escalation = $ 16,522.10 Estimated total of Direct Labor Salary Increase = $ 247.83 Transfer to Page 1 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. 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 Proceedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management and Administration of Engineering and Design Related Service 6. 48 Ccode 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 or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name: Robert Nimes Title*: President 1111111i A Signature: ! Date of Certification: 06/09/20 Email: rhimes@markthomas.com Phone number: (949)477-9000 Address: 16795 Von Karman Avenue, Suite 240, Irvine, CA 92606 *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: 1 I I Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal Note:Mark-ups are Not Allowed ❑Prime Consultant ❑Subconsultant 02nd Tier Subconsultant Consultant: CL Surveying and Mapping,Inc. Project No. Contract No. Date 6/8/2020 DIRECT LABOR Classification/Title Name Hours Actual Hourly Rate Total Project Manager Lam Le 7.00 $ 65.00 $ 455.00 Project Surveyor Bernardo Padilla 30.00 $ 38.00 $ 1,140.00 Party Chief 74.00 $ 50.16 $ 3,711.84 Chainman 74.00 $ 47.08 $ 3,483.92 LABOR COSTS a) Subtotal Direct Labor Costs $ 8,790.76 b) Anticipated Salary Increases(see page 2 for calculation) $ - c)TOTAL DIRECT LABOR COSTS[(a)+(b)) $ 8,790.76 INDIRECT COSTS d) Fringe Benefits (Rate: 43.00% ) e)Total Fringe Benefits[(c)x(d)] $ 3,780.03 f) Overhead&G&A (Rate: 43.00% ) g)Overhead[(c)x(f)] $ 3,780.03 h) General&Admin (Rate: 43.00% ) i)Gen&Admin[(c)x(h)] $ 3,780.03 j)TOTAL INDIRECT COSTS[(e)+(g)+(i)] $ 11,340.08 FIXED FEE k)TOTAL FIXED FEE[(c)+(j)]x fixed fee: 10% $ 2,013.08 I)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total I)TOTAL OTHER DIRECT COSTS $ - 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)] $ TOTAL COST[(c)+(j)+(k)+(n)] $ 22,143.92 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. Page 1 of 3 CALCUATIONS FOR ANTICIPATED SALARY INCREASES(N/A) Consultant CL Surveying and Mapping,Inc. Project No. Contract No. Date 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 = 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 $ - + _ $ - Year 2 Avg Hourly Rate Year 2 $ - + _ $ - Year 3 Avg Hourly Rate Year 3 $ - + _ $ - Year 4 Avg Hourly Rate Year 4 $ - + _ $ - 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 0.0 0.0 Estimated Hours Year 1 Year 2 • 0.0 = 0.0 Estimated Hours Year 2 Year 3 0.0 = 0.0 Estimated Hours Year 3 Year 4 0.0 = 0.0 Estimated Hours Year 4 Year 5 • 0.0 = 0.0 Estimated Hours Year 5 Total 0% Total = 0.0 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours (calculated above) (calculated above) Cost per Year Year 1 $ - 0 = $ - Estimated Hours Year 1 Year 2 $ - 0 = $ - Estimated Hours Year 2 Year 3 $ - • 0 = $ - Estimated Hours Year 3 Year 4 $ - 0 = $ - Estimated Hours Year 4 Year 5 $ - • 0 = $ - Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $ - Direct Labor Subtotal before Escalation = $ - Estimated total of Direct Labor Salary Increase = $ - Transfer to Page 1 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 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 Proceedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management and Administration of Engineering and Design Related Service 6. 48 Ccode 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 or Caltrans accepted Indirect Cost Rate(s). Prime Consultant or Subconsultant Certifying: Name:Lam Le Title*: President Signature: 3/20/2020 I Email:lamPcl-survev.com Phone number: 909-484-4200 Address: 1269 Pomona Rd.,Ste 108,Corona,CA 92882 *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: Land Surveying Services Page 3 of 3 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: 7% 3. Project Description: Install Advanced Dilemma Zone Detection, Protected Left Turn Phases, and Pedestrian Countdov 4. Project Location: Ten Intersections throughout the City 5.Consultant's Name: ADVANTEC Consultant Engineers 6. Prime Certified DBE: IC 7.Total Contract Award Amount: $216,110.48 8.Total Dollar Amount for ALL Subconsultants: $84,492.08 9.Total Number of ALL Subconsultants: 3 10. Description of Work,Service,or Materials 11. DBE 13. DBE Supplied Certification 12. DBE Contact Information Dollar Number Amount Prim conusitant, Traffic Engineering 30139 Leo Lee, 949-861-4999 128,161.32 leolee@advantec-usa.com Local Agency to Complete this Section $128,161.32 20. Local Agency Contract n�iimhor 14.TOTAL CLAIMED DBE PARTICIPATION 21. Federal-Aid Project Number: 22. Contract Execution 59 Hata Local Agency certifies that all DBE certifications are valid and information on IMPORTANT: Identify all D:E firms being claimed for credit, this form is complete and accurate. regardless of tier.W itter ponfi r:tion of each listed DBE is required. / . 6/10/2020 23.Local Agency Representative's Signature 24.Date 15. Preparer's Signature 16. Date Carlos Ortiz 949-861-4999 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone Chief Operating Officer 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 10-01 Consultant Proposal DBE Commitment EXHIBIT 10-01 CONSULTANT PROPOSAL DBE COMMITMENT 1.Local Agency: City of Cathedral City 2.Contract DBE Goal: 7% 3.Project Description: Install Advanced Dilemma Zone Detection,Protected Left Turn Phases,and Pedestrian Countdown Heads 4. Project Location: Ten Intersections throughout the City 5.Consultant's Name: ADVANTEC Consulting Engineers,Inc. 6.Prime Certified DBE:n 7.Description of Work,Service,or Materials 8. DBE D Supplied Certification 9.DBE Contact Information 10. DBE /o Number Prime consultant,Traffic Engineering 30139 Leo Lee,949-861-4999 59% leoleeaadvantec-usa.com Local Agency to Complete this Section 17.Local Agency Contract Number: 11.TOTAL CLAIMED DBE PARTICIPATION 59 % 18. Federal-Aid Project Number: 19.Proposed Contract Execution Date: 20.Consultant's Ranking after Evaluation: IMPORTANT: Identify all DB, firms being claimed for credit, Local Agency certifies that all DBE certifications are valid and information on regardless of tier.Wri etI c nfirmatcin of each listed DBE is this form is complete and accurate. required. ,," 06/10/2020 12.Preparer's Signature 13.Date Carlos Ortiz 949-861-4999 14.Preparer's Name 15.Phone Chief Operating Officer 16.Preparer's Title DISTRIBUTION: Original—Included with consultant's proposal to local agency. 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. LPP 18-01 Page 1 of 2 January 2019 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 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 AC� DATE(MM/DD YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/13/2020 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: Marie Swaney Dealey, Renton&Associates PHONE FAX 790 E Colorado Blvd,#460 (A/C.No.Ext): (AIC,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 INSURER C: Irvine, CA 92620 INSURER D: 949.861.4999 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:2082314620 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) IMM/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 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000.000 POLICY X Tei 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 X 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/MEMBER EXCLUDED? 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 I LOCATIONS I 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:TS Upgrades at ten(10)Intersections throughout the City of Cathedral City,Federal#HSIPL-5430(034),City#8752 --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 %%r„ _ (pnJ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA Policy#6025396574 SB1469686 (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: (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. SB146968B CNA (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. CNA SB -1 ) Policy Number:6025396574 (EEd.d. 6-1 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 8 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. CNA SB146902G 02G (Ed. 6-16) 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 unchanged. remain c anged. 1 { SB146902G (Ed. 6-16) Page 3 of 3 ( Copyright,CNA All Rights Reserved. Send Result Report KYOCER2 MFP VFF6700011 Firmware Version 2ND 2000.004.351 2019.09.13 07/13/2020 14:00 [2ND_1000.005.101] [2ND_1100.001.007] [2ND_7000.004.307] Job No.: 036628 Total Time: - - -- Page: 057 Error Type : Transfer Document: doc03662820200713135812 No. Date/Time Destination Times Type Result Resolution/ECM 001 07/13/20 13:58 Ana Rivera -- --" E-mail 2204 300x300/- 1 AWRI CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/13/2020 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 Charmaine Urn Farmers Insurance AgencyPHONE I FAX JA/C.No,Ext): 949 387-9999 (A/c,No), 949-788-1337 20 Pacifica Suite 1450 E-MAILSS: Charmaine@FarmersAtSpectrum.com Irvine; CA 92618 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Mid Century Insurance Company 21687 INSURED - -- - - INSURER B: Advantec Consulting Engineers, Inc. INSURERC: _ 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 1 TYPE OF INSURANCE ADDLSUBR _ - POLICY EFF i POLICY EXP - - - - - LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1-1 PRO- 1-7 — . POLICY JECT : LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAR OCCUR , EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE S DED ' RETENTION$ I $ ';WORKERS COMPENSATION v WC STATU- I 10TH- AND EMPLOYERS'LIABILITY Y/N I TORY LIMITS I ER ANY PROPRIETOR/PARTNER/EX AOFFICER/MEMBEER EXCLUDED?ECUTIVE N/A Y A09475420 11/12/2019 11/12/2020 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 , DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: Cathedral City:Traffic Signal Upgrades at ten(10)Intersections throughout the City of Cathedral City. Federal Project Number HSIPL-5430(034)City Project Number 8752 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 92234 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD