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Contract 1871-1
AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND ADVANTEC CONSULTING ENGINEERS, INC. FOR CIP 8752 — TRAFFIC SIGNAL UPGRADES (HSIP CYCLE 9) In accordance with the "Agreement for Professional Services" dated June 24, 2020 (the "Agreement"), by and between the City of Cathedral City, a municipal corporation ("City") and ADVANTEC Consulting Engineers, Inc., a California Corporation ("Consultant"), and in accordance with Section 37 of the Agreement, entitled, "Amendments", this Amendment Number One (1) to the Agreement is made and entered into this 23rd day of February 2022, ("Effective Date"). RECITALS A. Consultant currently provides the City with professional engineering services associated with the Traffic Signal Upgrades at ten (10) Intersections throughout the City of Cathedral City Project, Federal Project Number HSIPL-5430(034), City Project Number 8752, pursuant to the Agreement dated June 24, 2020. B. City desires to amend the Agreement to: (1) include as part of Consultant's scope of work additional services; and (2) provide additional compensation for said work. C. Consultant is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No. 1 to the Agreement and City agrees to the amendments contained herein. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: Section 1. The name of the project will be updated to Traffic Signal Upgrades at twelve (12) Intersections throughout the City of Cathedral City. Section 2. Consultant shall provide the City with certain additional services as is more particularly described in Exhibit "A" attached to this Amendment No. 1 ("Additional Services"). Such Additional Services shall be provided pursuant to the terms of the Agreement. Section 3. For the Additional Services under this Amendment No. 1, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for said services the sum of Twenty-Six Thousand, Four Hundred, Fifty-Eight Dollar ($26,458.00), as set forth in Exhibit "B" to this Amendment No. 1 . In addition, the Scope of Services includes an Optional Task in the sum of Fifteen Thousand, Seven Hundred, Seventy-Five Dollar ($15,779.00), as set forth in Exhibit "B". In no event shall the compensation under the Agreement and this Amendment No. 1 exceed $258,347.48. The method of payment for the Additional Services under this Amendment No. 1 shall be a lump sum payment. Section 4. Except as specifically amended by this Amendment No. 1, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control. SUMMARY: Amendment No. 1 amends the Scope of Work and the Estimated Not to Exceed Compensation fee amount in accordance with the details listed in the attached Exhibits A and B. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above. CITY OF CATHEDRAL CITY ADVANTEC CONSUL ' NG ENGINEERS, INC. 44V-10./tt, By: Charles P. McClendon :y: - arlo ' . rtiz City Manager Chief !operating Officer& Principal ATTEST: By: Tracey '. ermosillo By: City Clerk :e1" By: Eric S. Vail City Attorney EXHIBIT "A" Scope of Services The Scope of Work included in Amendment No. 1 is described in the attached proposal dated January 18, 2022. City Project: C08752; HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18, 2022 EXHIBIT A SCOPE OF SERVICES for ADDENDUM NO. 1 City Project: C08752; HSIP Cycle 9 Project: HSIPL-5430 (034), Twelve (12) Intersections Traffic Signal Modifications The additional services are based on Caltrans approval of the City of Cathedral City's HSIP Cycle 9 Project Grant Application Scope Change Request. The work includes updating the design of five intersections that have overlapping improvements with the Coachella Valley Association of Governments (CVAG) Phase I Regional Traffic Signal Synchronization Project (RTSSP) that is currently under construction, and adding two intersections with traffic signal improvements. This requires updates to project plans, technical specifications, and estimates. This also requires revisions to the environmental documentation due to the change of work at the five intersections and with the addition of two intersections. Table 1 shows the five intersections that have overlapping improvements with CVAG RTSSP Phase I project. Table 1—Overlapping Improvements Description of CVAG RTSSP Phase I Improvements that Overlap with Cathedral City HSIP No. Intersection Cycle 9 Grant Application 1 Ramon Road/Whispering 1. New Video Detection System Palms Trail 2. New Controller 2 Ramon Road/Cathedral 1. New Video Detection System Canyon Drive 2. New Controller 3 El Dorado/Palm Canyon 1. New Video Detection System Drive 2. New Controller 4 Ramon Road/Desert Vista 1. New Video Detection System Road 2. New Controller 5 Da Vali Drive/Ramon Road 1. New Video Detection System 2. New Controller ADVANTEC will update the five traffic signal modification plans that we prepared to reflect these improvements by others. Table 2 shows the two additional intersections including recommended improvements. 2 City Project: CO8752, HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18. 2022 Table 2—Additional Intersections and Recommended Improvements No.of Video New Traffic Detection Signal Countdown APS Ped No. Intersection Cameras Controller Ped Heads Push Buttons Date Palm Drive at 1 4 1 6 6 Gerald Ford Drive Dinah Shore Drive 2 and Cathedral 4 1 8 8 Canyon Drive ADVANTEC will prepare traffic signal modification plans for two intersections and incorporate into the project plan set. The additional work includes the following: • Project Management and Coordination • Field work • Utility Coordination • Environmental Documentation • Final Plans-Title Sheet,Traffic Signal Modifications, and Details • Technical Specifications • Final Estimate of Quantities and Costs The following summarizes our tasks to complete the additional scope of services: Task 1 Project Management,Coordination, and Meetings ADVANTEC will provide additional Project Management activities to manage the additional work and tasks identified in this addendum. This includes additional coordination with project team task and the City including bi-weekly conference calls with the City's Project Manager in order to provide up-to-date project status, discuss any concerns or issues, and follow-ups on any requests or action items. Deliverables: Additional project management, coordination, and meetings. Task 2 Field Work and Data Collection 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 two (2) signalized intersections. 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. Deliverables: Data collection inventory matrix, field review notes, and photos for two intersections. Task 3 Utility Coordination ADVANTEC will request locations for existing and proposed underground and overhead utilities for the two additional intersections. Utility notification and coordination will be required to ensure quality 3 1 City Project: CO8752; HSIP Cycle 9 Project-Addendum No. City of Cathedral City January 18. 2022 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. D ANTEC sfees do not includefees or costs associated with the processingand Please note: A V 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 for two intersections. Task 4 Environmental Documentation Our subconsultant, Dudek, will update the environmental documentation including modifying the work at five intersections and adding two intersections. Dudek will use the existing conditions information, updated project description, and photos provided by ADVANTEC. This information will be used to update the PES form including attachments required for the City and Caltrans submittals, review and approval. Deliverables: Update the PES form including attachments required for the City and Caltrans submittals review and approvals for two intersections Task 5 Final Plans ADVANTEC will modify five traffic signal modification plans that we prepared to reflect improvements by others. ADVANTEC will prepare two additional traffic signal modification plans and incorporate into the project plan set. 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. Deliverables: Modify the current plans set, updated five sheets, and add two traffic signal modifications plans sheets. Task 6 Technical Specifications ADVANTEC will updated 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. 4 City Project CO8752; HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18, 2022 Deliverables: Update Technical Specifications. Task 7 Construction Quantities and Engineer's Estimate ADVANTEC will updated and prepare construction quantity take-offs and construction cost estimates for the updated traffic signal improvements at five intersections, and adding two intersections. 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: Updated Construction Quantities and Engineer's Estimates. Task 8 Environmental Technical Studies-APE Map/ASR/HPSR (Optional) Our subconsultant, Dudek, will provide additional environmental technical studies as an option due to additional two intersections. The following cultural resources scope of work is designed to obtain the necessary project approvals in consideration of effects to historic properties under Section 106 of the National Historic Preservation Act (NHPA). All cultural resources documentation will be completed in conformance with Caltrans requirements, as detailed in the most current version of Volume 2 (Cultural Resources) of the Caltrans Standard Environmental Reference (SER). Area of Potential Effects Map In consideration of the finalized project description/project plans, Dudek will work closely with the City and Caltrans to develop the project's cultural resources area of potential effect (APE) map. The APE will encompass all geographic areas in which the proposed undertaking has the potential to directly or indirectly affect the character or use of historic properties (36 CFR 800.16(d)). In addition to areas where construction activities are expected to occur, the APE map will consider construction staging areas, temporary construction easements, utility relocation, and any other activity that has the potential to affect historic properties. The APE map will be plotted on an aerial background and will include the appropriate signature boxes for both Caltrans and local agency representatives. We assume a discontiguous APE to cover up to 15 intersections proposed for improvement. This scope of work assumes a focus on archaeological resources.Therefore, the APE will only include a direct APE which will encompass the area of archaeological study where ground disturbance is expected to occur and will include any resources that will be directly affected by proposed project activities. Records Search Upon completion of the APE map, Dudek will initiate a California Historical Resource Information System (CHRIS) records search of the project APE and a one-mile radius from each intersection at the Eastern Information Center (EIC), which houses cultural resource records for Riverside County. The purpose of the records search is to identify any previously recorded historic properties that may be located within or around the project APE. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the project area, ethnographies, the National Register of Historic Places (NRHP), the California Register of Historical Places (CRHR), the Built Environment Resource Directory (BERD), the California Historic Property Data File, and the lists of California State Historical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. Please note that the EIC searches are currently taking up to 5-months to return results. In 5 City Project: C08752; HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18, 2022 order to account for this, Dudek will plan to review information provided through previous project searches (as available) and proceed with the inventory process ahead of receiving these results. The report would be updated, once the project specific EIC results are received. In addition, and assuming this approach to be acceptable by the reviewing agencies, it is understood that the Agua Caliente band of Cahuilla Indians maintains a current database of known cultural resources for the area. Early coordination with this tribe may allow them to share information they have on hand to better inform the inventory efforts up-front. It is anticipated that coordination with the tribe would be initiated by Dudek once the APE map has been approved by the reviewing agencies. Native American Coordination Upon specific approval, Dudek will assist the City and Caltrans in their Native American consultation obligations by initiating contact with the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if any Native American sacred lands on file are located within or adjacent to the project APE. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. If instructed to do so by the federal lead agency (Caltrans), Dudek will prepare and mail a letter to each of the NAHC- listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. Two weeks after the letters have been mailed, Dudek will make follow-up phone calls to each NAHC-listed contact to demonstrate that good faith follow-up efforts have been made. Cultural Resources Survey Upon receipt of the records search results, Dudek will conduct an intensive pedestrian survey of the project APE for historic properties (including both prehistoric and historic archaeological resources). An intensive pedestrian survey will be completed for all accessible portions of the APE utilizing transects spaced no more than 10 meters apart, as possible based on present conditions in the APE. Identified resources will be mapped using iPad technology with ESRI Collector software and a Trimble GeoXt GPS unit with sub-meter accuracy. No artifacts, samples, or specimens will be collected during the survey. The survey will be conducted by one (1) qualified archaeologist, working no more than two (2) days to complete. Please note that the present scope does not account for a Native American monitor to be present. Should this be required, it is animated that the tribe would want to contract directly with the City, although Dudek is happy to assist with facilitating the processes. We assume the survey will be negative for both archaeological and historic built environment resources. Archaeological Survey Report(ASR) Dudek will prepare an ASR to demonstrate that a reasonable level of effort has been made to identify archaeological resources within the project APE. Dudek assumes the no previously recorded archaeological resources will be identified as a result of the records search requiring updates, nor will any new archaeological resources be identified as a result of the intensive-level survey or Native American coordination. No more than two (2) drafts of this report are anticipated. The present scope does not include documentation or evaluation efforts for built environment resources because it is assumed that no such resources would fall within the APE. If such efforts were required, an updated scope and budget would be prepared for city review and approval. Historic Properties Survey Report(HPSR) Upon completion of the ASR, Dudek will prepare an HPSR to serve as the overarching summary 6 City Project. C08752; HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18, 2022 document for all Section 106 compliance efforts. The APE map, ASR, and all applicable attachments will be appended to the HPSR. No more than two (2) drafts of this document are anticipated. Deliverables(Optional): ✓ Electronic version of the draft and updated PES Form, narrative, and figures ✓ One (1) hard copy of the updated PES From, narrative and figures to Caltrans, once approved. ✓ Completion of the paperwork for a CECQA NOE with findings to be filed with the County Clerk and State Clearinghouse ✓ Electronic copy of Draft and Final version of the APE Map/ASR/HPSR to City ✓ Hard copy of Final version of APE Map/ASR/HPSR to Caltrans SCHEDULE Following our notice to proceed, ADVANTEC will begin services immediately. 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: • Additional conference calls • Additional meetings on site • Collecting Traffic Counts(AADT or Peak Hour Turning Movement) • Over 3 submittals • Additional reports 7 EXHIBIT "B" Schedule of Charges A detailed breakdown of the not to exceed fee amount is included in the attachedro osal dated January18, 2022. p p The contract summary is as follows: Current Contract Amount: $216,110.48 Proposed Contract Amendment No. 1 : $26,458.00 Optional Task in Proposed Contract Amendment $15,779.00 Total Proposed Amended Contract Amount: $258,347.48 Cit C08752 HSIP Cycle 9 Project-Addendum No. 1 Y Project: � Y 1 City of Cathedral City January 18, 2022 EXHIBIT B SCOPE OF SERVICES for ADDENDUM NO. 1 FEE SCHEDULE Compensation for our personnel directly engaged for the additional work outlined in Exhibit A will be billed per the fee schedule provided below. Sub-Consultants Other Project Project Assistant Assistant Assistant Assistant Dudek TOTAL Direct TOTAL Director Manager Engineer Engineer Engineer Engineer Costs Total Hours COST TOTAL COST Carlos John Jonathan Bryan Frank Madeleine Task Description Ortiz Dorado Delgado Elenes Gomez Ortiz Billable Rates $333.17 $213.21 $109.29 $106.60 $106.60 $99.95 Project Management, Coordination,and 1 Meetings 6 $1,279 $1,279 Field Work and 2 Data Collection 8 8 $161 $1,652 $1,813 Utility 3 Coordination 4 $400 $400 4 Environmental 4 $7,539 $7,539 $437 $7,976 5 Final Plans 6 8 44 44 16 $150 $13,134 $13,284 Technical 6 Specifications 2 4 $853 $853 Quantities and 7 Costs 2 2 2 6 $853 5853 Total Hours 16 12 50 54 28 160 Sub-Total Labor Cost $ - $ 3,411 $ 1,311 $ 5,330 $ 5,757 $ 2,799 $7,539 $7,539 $311 $18,919 $26,458 Note: Other Direct Costs includes mileage and printing fees per task,as shown. TOTAL FEE(Not-To-Exceed) $26,458 OPTIONAL SERVICES-HSIP Traffic Signal Improvements(HSIP Cycle 9)-City Project No.C08752-Addenum No. 1 Technical Studies: APE 8 Map/ASR/HPSR 2 4 $14,915 $14,915 6 $864 $15,779 TOTAL WITH OPTIONAL SERVICES Total Hours (With Option) 18 _ 16 50 _ 54 28 166 Total Fee (With Option) $ - $ 3,838 $ 192 $ 5,330 $ 5,757 $ 2,799 $22,454 $22,454 $311 $19,783 $42,236 As shown, compensation for our personnel directly engaged for the additional work outlined in Exhibit A will be for $18,919 (ADVANTEC) and $7,539 (Dudek) for a total of $26,458. Consequently, the original budget for the HSIP improvements project is $216,110, and with the addition of Addendum No. 1, it will be increased to the new total of $242,568. We will not exceed the budgeted amount without your written authorization. 8 City Project: C08752; HSIP Cycle 9 Project-Addendum No. 1 City of Cathedral City January 18, 2022 If the optional services are required, it will be an additional $864 (ADVANTEC) and $14,915 (Dudek) for a total of $15,779. Consequently, the original budget for the HSIP improvements project is $216,110, and with the addition of Addendum No. 1, it will be increased to the new total of$258,347. We will not exceed the budgeted amount without your written authorization. 9 Local Assistance Procedures Manual EXHIBIT 10-H1 Cost Proposal EXHIBIT 10-HI 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 El Prime Consultant CI Subconsultant El 2nd Tier Subconsultant Consultant ADVANTEC Consulting Engineers,Inc. Project No. HSIPL-5430(034) Contract No.C08752(Addendum No.1) Date 01/18/2022 DIRECT LABOR Classification/Title Name hours Actual Hourly Rate Total Project Director Carlos Ortiz $120.20 $0.00 Project Manager John Dorado 18 $76.92 $1,384.56 QA/QC Manager Keith Rand $101.93 $0.00 Senior Traffic Engineer Jose Guedes $72.12 $0.00 Systems Engineer John Cox $51.75 $0.00 Associate Engineer Enrique Biche $44.72 $0.00 Associate Engineer Frank Gomez 54 $38.46 $2,076.84 Associate Engineer Bryan Elenes 50 $38.46 $1,923.00 Associate Engineer Madeleine Ortiz 28 $36.06 $1,009.68 Associate Engineer Jonathan Delgado 16 $39.43 $630.88 Associate Engineer Joseantonio Hernandez $31.25 $0.00 Associate Engineer Robert Steaffens $46.64 $0.00 Associate Engineer David DeClue $31.00 $0.00 Associate Engineer Ryan Miller $43.27 $0.00 Associate Engineer Nicholas Park $31.25 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $7,024.96 b) Anticipated Salary Increases(see page 2 for calculation) $0.00 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $7,024.96 INDIRECT COSTS d) Fringe Benefits (Rate: 55.78% ) e)Total Fringe Benefits [(c)x(d)] $3,918.52 t) Overhead&G&A (Rate: 96.20% ) g)Overhead[(c)x(f)] $6,758.01 h) General and Administrative (Rate: 0.00% ) i)Gen&Admin[(c)x(h)] $0.00 j)Total Indirect Costs[(e)+(g)+(i)] $10,676.54 FIXED FEE k)TOTAL FIXED PROFIT[(c)+(j)]x fixed fee 10.00% ] $1,770.15 I)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add adiditonal pages if necessary) Description Quantity t nit Unit Cost Total Mileage Costs 280 nlilc! $0.575 $161.00 Printing 10 c. $15.00 $150.00 $0.00 $0.00 $0.00 11 TOTAL OTHER DIRECT COSTS $311.00 m)SUBCONSULTANTS'COSTS(Add additional pages if necessary) Subconsultant 1:Dudek $7,538.69 Subconsultant 2:Dudek(Optional Services) $14,914.95 Subconsultant 3: Subconsultant 4: m)TOTAL SUBCONSULTANTS'COSTS $22,453.64 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(I)+(m)] 822,764.64 TOTAL COST[(c)+(j)+(k)+(a)] $42,236.29 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 $7,024.96 166 = $42.32 Year 1 Avg Hourly Rate 2. Calculate hourly rate for all years(Increase the Average Hourly Rate for a year by proposed escalal Avg Hourly Rate Proposed Escalation Year 1 $42.32 + 0% = $42.32 Year 2 Avg Hourly Rate Year 2 $42.32 + 0% = $42.32 Year 3 Avg Hourly Rate Year 3 $42.32 + 0% = $42.32 Year 4 Avg Hourly Rate Year 4 $42.32 + 0% = $42.32 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 20.00% * 166.00 = 33.20 Estimated Hours Year 1 Year 2 20.00% * 166.00 = 33.20 Estimated Hours Year 2 Year 3 20.00% * 166.00 = 33.20 Estimated Hours Year 3 Year 4 20.00% * 166.00 = 33.20 Estimated Hours Year 4 Year 5 20.00% * 166.00 = 33.20 Estimated Hours Year 5 Total 100% Total = 166.00 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 $42.32 * 33 = $1,404.99 Estimated Hours Year 1 Year 2 $42.32 * 33 = $1,404.99 Estimated Hours Year 2 Year 3 $42.32 * 33 = $1,404.99 Estimated Hours Year 3 Year 4 $42.32 * 33 = $1,404.99 Estimated Hours Year 4 Year 5 $42.32 * 33 = $1,404.99 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $7,024.96 Direct Labor Subtotal before Escalation = $7,024.96 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. Page 2 of 9 LPP 17-01 January 2018 Local Assistance Procedures Manual EXHIBIT 10-H1 1 11 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)C087 52 (Adde ndum No 1) 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: / — Date of Certification(mm/dd/yyyy): 1/18/2022 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 LPP 17-01 January 2018 DocuSign Envelope ID:6ACBF12B-F6E4-472A-969A-DC7263247E3C Local Assistance Procedures Manual Exhibit 10-H1 Cost Proposal EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are Not Allowed o Prime Consultant •Subconsultant ❑2nd Tier Subconsultant Consultant Dudek Project No. Contract No. Date 1.7.2021 DIRECT LABOR Classification/Title Name hours Actual Hourly Rate Total Project Director/Environmental Jason Reynolds 10 $93.23 $932.31 Specialist IV Andrew Talbert 18 $39.35 $708.35 Analyst I Madison Brown 14 $25.00 $350.00 Senior Specialist I Adam Giacinto 10 $67.32 $673.17 Specialist I Linda Kry 15 $43.27 $649.04 Specialist II Angela Pham 15 $45.23 $678.48 GIS Analyst IV Spenser Lucarelli 24 $47.86 $1,148.72 Technician I Javier Hemandez 40 $27.00 $1,080.00 Technical Editor 111 Amy Seals 8 $40.11 $320.87 Publications Specialist 11 Rachel Dobrolenski 8 $27.81 $222.48 LABOR COSTS a) Subtotal Direct Labor Costs $6,763.43 b) Anticipated Salary Increases(see page 2 for sample) $ - c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $6,763.43 INDIRECT COSTS d) Fringe Benefits (Rate: 70.95% ) e)Total Fringe Benefits $ 4,798.65 f) Overhead (Rate: 92.02% g)Overhead[(c)x(f)] $ 6,223.70 h) General and Administrative (Rate: 0.00% i)Gen&Admin[(c)x(h)] 0 j)Total Indirect Costs[(e)+(g)+(i)] $ 11,022.35 FIXED FEE k)TOTAL FIXED PROFIT[(c)+(j)]x fixed fee 15% $ 2,667.87 1)CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE(Add additional pages if necessary Description of Item Quantity Unit(s) Unit Cost Total Mileage Costs 257 mile $ 0.545 $ 140.07 Cultural Record Search 1 record search $ 1,859.93 $ 1,859.93 S - $ - S - 1)TOTAL OTHER DIRECT COSTS 5 2_,000.00 January 2018 DocuSign Envelope ID:6ACBF12B-F6E4-472A-969A-DC7263247E3C Local Assistance Procedures Manual Exhibit 10-H1 Cost Proposal 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 SUBCONSULTANT'. $ 2,000.00 TOTAL COST[(c)+(j)+(k)+(p)] $ 22,453.64 NOTES: 1 Key personnel must be marked with an asterisk(•)and employees that are subject to prevailing wage requirements must be marked with two astensks(••1 All costs mist comply with the Federal cost principals.Snbcotsultants will provide their own cost proposals. 2 The cost proposal format shall rot be amended.Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3 Anticipated salary increases calculation(page 2)must accompany. January 2018 DocuSign Envelope ID:6ACBF12B-F6E4-472A-969A-DC7263247E3C Local Assistance Procedures Manual Exhibit 10-HI Cost Proposal EXHIBIT 10-H1 COST PROPOSAL PAGE 2 OF 2 COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided by total hou Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration $6,763.43 162 = $ 41.75 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 $41.75 + 3% _ $ 43.00 Year 2 Avg Hourly Rate Year 2 $43.00 + 3% _ $ 44.29 Year 3 Avg Hourly Rate Year 3 $44.29 + 3% _ $ 45.62 Year 4 Avg Hourly Rate Year 4 $45.62 + 3% _ $ 46.99 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 1 100.00% * 162.0 = 162.0 Estimated Hours Year 1 Year 2 0.00% * 162.0 = 0.0 Estimated Hours Year 2 Year 3 0.00% * 162.0 = 0.0 Estimated Hours Year 3 Year 4 0.00% * 162.0 = 0.0 Estimated Hours Year 4 Year 5 0.00% * 162.0 0.0 Estimated Hours Year 5 Total 100% Total = 162.0 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 $ 41.75 * 162 = $ 6,763.43 Estimated Hours Year 1 Year 2 $ 43.00 * 0 = $ - Estimated Hours Year 2 Year 3 $ 44.29 * 0 = $ - Estimated Hours Year 3 Total Direct Labor Cost with Escalation = $ 6,763.43 Direct Labor Subtotal before Escalation = $ 6,763.43 Estimated total of Direct Labor Salary Increase = $ - Transfer to Page 1 NOTES: #N40/00#####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. meq#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=525,000 is not an acceptable methodology) ########41=14t This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. Calculations for anticipated salary escalation must be approved. January 2018 DocuSign Envelope ID:6ACBF12B-F6E4-472A-969A-DC7263247E3C Local Assistance Procedures Manual Exhibit 10-HI Cost Proposal 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 Principals(GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112-Letting of Contract 4.48 Code of Federal Regulations Part 31-Contract Cost Principals and Procedures 5.23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Services 6.48 Code of Federal Regulations Part 9904-Cost Accouting 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 r—DocuSigned by: _____,..C44Signature: Date of Certification(mm/dd/yyyy): 1/7/2022 1:37:17 PM PST `DA231Aae0F00499... Email: cmooreedudek.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 levelno 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 of services the consultant is providing under the proposed contract: January 2018 .-----141 ® DATE(MM/DDIYYYI) ACRD CERTIFICATE OF LIABILITY INSURANCE 11/11/2021 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: The Certificate Team AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 IA/C.No.Ext): (A/C.No): Lafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Continental Casualty Company 20443 INSURED ADVACON-05 INSURER B:QBE Insurance Corporation 39217 Advantec Consulting Engineers, Inc.949-861-4999 INSURER C:Valley Forge Insurance Company 20508 1200 Roosevelt INSURER D: Irvine INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:715327731 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR. INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) C X COMMERCIAL GENERAL LIABILITY Y V 6025396574 11/12/2021 11/12/2022 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $4,000,000 POLICY X JEta LOC PRODUCTS-COMP/OPAGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY V Y 6025396574 11/12/2021 11/12/2022 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 Xy NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) X NoOwned Auto $ A X UMBRELLA LIAB X OCCUR V V 6025396588 11/12/2021 11/12/2022 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$1nLnnn $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liability ANE6125100 5/13/2021 5/13/2022 Per Claim/2,000,000 4,000,000/Agg Imt C Office Pollution Liability 6025396574 11/12/2021 11/12/2022 Per Claim/$2,000,000 4,000,000/Agg Lmt DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.Umbrella Policy is follow-form to its underlying Policies:GL/AUTO Liability. 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 applies 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 0 I 4124475- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA POLICY#6025396574 (Ed. 10-19)0 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 AND 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. Crrently 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. 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. SB146968C(Ed. 10-19) Page 1 of 3 Copyright,CNA All Rights Reserved. SB146968C (Ed. 10-19) 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. Additional Insured—Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, the section entitled Who Is An Insured is amended to make the following natural persons insureds: If the additional insured is: 1. An individual,then his or her spouse is an insured; 2. A partnership or joint venture,then its partners, members and their spouses are insureds; 3. A limited liability company,then its members and managers are insureds; 4. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or 5. Any type of entity,then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury" or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs 1.through 4.above; SB146968C (Ed. 10-19) Page 2 of 3 Copyright,CNA All Rights Reserved. SB146968C (Ed. 10-19) (2) "Property�Ydama e"to property owned, occupied or used by their employer or b any fellow employee;or (3) Providing or failing to provide professional health care services. F. 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. m c i o I 0 SB146968C(Ed. 10-19) Page 3 of 3 Copyright,CNA All Rights Reserved. CNA CNA8(093 4) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H.Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX(09-14) Policy# 6025396574 Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission S B 146902G CNA Policy Number 6025396574 (Ed. 6-16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT Hired Auto Liability: $ 1,000,000 Non-owned Auto Liability: $ 1,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or "property damage" arising out of the maintenance or use of a: • "Hired auto" used by you or your"employee" in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: 1. Delete paragraph A.1.b.(1)(b)and replace it with the following: b. This insurance applies: (1) To "bodily injury"and "property damage"only if: (b) The"occurrence"occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: a. Insureds; b. Claims made or"suits" brought; c. Persons or organizations making claims or bringing "suits";or d. "Autos," the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury"and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned auto." SB146902G (Ed. 6-16) Page 1 of 3 Copyright,CNA All Rights Reserved. SB146902G CNA (Ed. 6-16) C. EXCLUSIONS With respect only to the insurance provided by this endorsement: 1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e.,f. and i. and to add the following exclusions: This insurance does not apply to: • Fellow Employee "Bodily injury"to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above. • Care, Custody or Control "Property Damage"to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or"executive officer"of yours while using with your permission a "hired auto" or a "non-owned auto"except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned auto"or any agent or"employee"of any such owner or lessee; b. Your"employee" if the covered "auto" is owned by that"employee"or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or"executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business"you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while MIME 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. ME 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. SB146902G CNA (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 remain unchanged. SB146902G (Ed. 6-16) Page 3 of 3 Copyright,CNA All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01A (ED 12-93) CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information Page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelatlon 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect Mailing that notice to you at your mailing address shown in item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (I), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancelation notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy Number. Endorsement Number. Insured: Insurance Company. Premium: $ Countersigned by C9 , WC 04 06 01A(ED 12-93) Copyright 1993 National Council on Compensation Insurance 91-5316 4-97 E6316101 PAGE 1 OF 1 WORKERS COMPENSATION AND EMPLOYERS LIABILRY INSURANCE POLICY WC 99 0631 (Ed.6-20) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 3.0%of the California workers compensation premium otherwise due on such remuneration,subject to a minimum charge of $250 All written contracts in the state(s)of: CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/12/21 Policy No.A0947-54-20 Endorsement No. Insured ADVANTEC CONSULTING ENGINEERS,INC. (A CORP) 1200 ROOSEVELT Insurance Company MID-CENTURY INSURANCE COMPANY IRVINE CA 926203667 Countersigned By WC 99 06 31 (Ed.6-20) Includes copyright material of the Workers Compensation Insurance Rating Bureau of California.All rights reserved.