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HomeMy WebLinkAboutContract 1979 ContractNa City Clerk ' . Risk Manage t, t w Scunn-' AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND GIS SURVEYORS INC. AS-NEEDED PROFESSIONAL LAND SURVEYING AND MAPPING SERVICES FOR VARIOUS CITY PROJECTS This Agreement for Design Professional Services ("Agreement") is entered into as of July 1, 2022 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and GIS Surveyors, Inc. ("Design Professional"). City and Design Professional are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for proposals, the performance engineering services defined and described particularly in Section 2 of this Agreement. B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Design Professional was selected by the City on the basis of Design Professional's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: - 1 - SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date ("Term") with an option to extend the Agreement for two (2) additional one (1) year terms. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Specific Scopes of Services shall be defined in individual Task Orders. In general, Design Professional agrees to perform any of 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 a schedule specified in the individual Task Order Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the hourly rates specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation for an individual Task Order, including reimbursement for actual expenses, shall not exceed the amount negotiated by the Parties, unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (b) Each month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor, travel, materials, equipment, and supplies. If the compensation set forth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional's correct and undisputed invoice. (d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Design Professional's work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional's guarantees and warranties in Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS. (a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Design Professional's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Design Professional's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. (a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials. employees or agents of City. shall have control over the conduct of Design Professional or any of Design Professional's officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional's officers, employees, or agents are in any manner officials, officers, employees or agents of City. - 4 - (c) Neither Design Professional, nor any of Design Professional's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Design Professional expressly waives any claim Design Professional may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section. SECTION 11. PREVAILING WAGE LAWS. It is the understanding of City and Design Professional that California prevailing wage laws apply to land surveying work completed under this Agreement. - 5 - 1 SECTION 12. NONDISCRIMINATION. Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. CONFLICTS OF INTEREST. (a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional's performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700. Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. - 6 - (b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives City notice of such court order or subpoena. (c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Design Professional's conduct. (d) Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity - 7 - involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 16. INSURANCE. Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional's staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. - 8 - SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional's possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 20. DEFAULT. In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any g9 failure on the part of the City to give notice of the Design Professional's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe - 9 - weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 22. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Design Professional: GIS Surveyors, Inc. Attn: Dennis Rose, PLS - Cheif Operating Officer 22875 Savi Ranch Parkway, Suite A Yorba Linda, CA 92887 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 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder. SECTION 25. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. - 10 - This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, - 11 - whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 33. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHEDRAL CITY GIS SURVEYORS, INC. .411 11) \� --- Charles P. McClendon By: EA.vt. �S E City Manager Its: C o . o ATTEST: (, 'll� • Vc V By:44N. o+,v ECK Its: v. p, Tracey Rermosillo, CMC City Clerk APPROVED AS TO FO:M Eric S. Vail City Attorney NOTE: DESIGN PROFESSIONAL'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL'S BUSINESS ENTITY. - 12 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE SoN,.-I 'NeCLOJ On ��-1 --7 ` 2022 / before me, �' -k 3 t ,_7 (___)----A-- t CD t\\'EE UOVAV- �1 X(1A�'-7 `t,kB--1C i Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared _____ \� V-OS Name of Signer(s) who rov d to me on the b sisof satisfactoryevidence to be the person whose name is subscribed to the within instrument and acknowledged to me tha het executed the same iniis7 authorized capacity ' s), and that by his r signature on the instrument the person0, or the entity upon behalf of which the personX acted, executed the 4 DENISE M.GOURLEY instrument. SES r r ''"'`'.'. Notary Public-California San Diego County I certify under PENALTY OF PERJURY under the laws of the Commission#2321396 i State of California that the foregoing paragraph is true and <, o0. My Comm.Expires Feb 13, 2024 correct. — _ _ WITNESS my hand and official seal. SI Fnatu a ofNota Public (-\ g ry OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA V- 1-. 1:1° �� ) COUNTY O\F/RIVERSIDE XIv1 On -- -‘LN/ 1 , 2022 before me, - &\� \-. - t\'N��� T\ - l OLS V\ e 7' N . • L l Date Name And Tftle Of Officer(e.g."Jane Doe,Notary Public") personally appeared t V\- 1 E'u • VAN __- , Name of Signer(s) who proved to me on the b sis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that a executed the same in is74er/theif-authorized capacity(i , and hat by /her-(their signature('on the instrument the person or the entity upon behalf of which the person,, Iacted, executed the o instrument. `yi.`-. T1f DENISE M.GOURLEY s Notary Public•California I I certify under PENALTY OF PERJURY under the laws of the _ _ -+ ^ San Diego County ' .•,,,,,c'„,,, $ Commission 112321396 State of California that the foregoing paragraph is true and L°o•" My Comm.Expires Feb 13,2024 correct. WITNESS my hand and official seal. _ 4) 'C\' , AQ,L. t. . igna re o 'otary •u.lc OPTIONAL ' Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above EXHIBIT "A" SCOPE OF SERVICES FROM PROPOSAL A-1 rkiiio GS' C. Scope of Work The section below describes our approach to the scope of services and providing as needed land surveying support for the City of Cathedral City: Participate in Field Meeting to Establish Scope and Design Parameters GSi cultivates close working relationships with all parties associated with a project to encourage communication, efficiency, and safety awareness. GSi's Surveyors and Project Managers will establish points of contact, budget, scope requirements, safety guidelines, design constraints and other project parameters required to satisfy the specific needs of an assigned task. An onsite kick-off meeting could help address areas of concern while providing a chance for all stakeholders to collaborate and confer with developers, engineers,surveyors, and contractors involved with the project. Record Maps/Research Continuing to the next step of this example, investigation into existing property boundaries becomes the backbone by which all future improvements will be based.GSi personnel are experts at interpreting City, County and Public Land record maps, as well as legal descriptions, deeds, and patents. GSi relies on its extensive years of industry experience to assess project requirements and determine what services will meet the needs of the project. Geographic Information Systems (GIS)are utilized to investigate existing land rights, easements, encumbrances, and other records research to develop a parcel layer database with detailed attributes. At this due diligence stage, all title report data will be reviewed and analyzed as required for dividing/merging properties, public and private land ownership delineation, easement review, public improvements/encroachments, construction, and recording historic information. The review by our Professional Land Surveyors in this stage ensures that the interpretation of work by others is sound and reliable and then the data can be compiled and relayed to the client in a comprehensive GIS based map for further project development of design parameters. Utility Research Mapping with Plan and Profile Support Additional research during this stage of the project includes investigating existing utility stake holders in the project location. GSi Survey Crews and Analysts compile available record information and sub-grade utility locating data into plan and profile drawings, incorporating stationing and depth cover/clearance with manhole and catch basin invert elevations to provide a comprehensive overview of design conflicts. All of the field work needs detailed office review beforehand, so it's important to start this early in the project. Control and Coordinate System Standards All survey tasks will be tied horizontally to the California Coordinate System of 1983 (NAD83), using the appropriate zone, and vertically to the North American Vertical Datum of 1988 (NAVD88), unless other control coordinates are provided by the City. If the client requires development of a continually-operating reference network, complete with GPS sensors that can monitor subsidence or deformation, the design of that network would be completed and approved in this stage. Control networks complete with aerial target layout could also be developed in this stage to address the needs of any aerial or unmanned aerial system(UAS)that may need to be utilized during the course of the project. GSi will check the accuracy of provided control networks before utilizing it and provide all the necessary field notes, exhibits, plats, documents and Civil 3D/AutoCAD files to memorialize the results in a comprehensive deliverable. 23 Maintenance of a vertical and horizontal survey monument and benchmark catalog system will be executed through an intuitive GIS application custom tailored to help coordinate City of Cathedral City surveying functions. Boundary and Right-of-way Surveys After research is complete, a site kick-off meeting and site safety plan is completed prior to starting the control, reconnaissance, and boundary monumentation surveys by our field crews. The field crews are supported by record research data and calculations, then the data is processed and analyzed by experienced survey technicians with final review and QA/QC performed by a Licensed Surveyor(LS). The LS will supervise a control network design that will be utilized to survey boundary monuments and control the project moving forward. Static GPS baselines, Total Station Traverses and Digital Level loop data are used in the adjustment process. G5i personnel are experienced in A.L.T.A. surveys along with preparing other maps, exhibits, and reports that can be used to accurately disclose possible encroachments upon boundaries, rights-of-way, easements, environmental limits, and other sensitive areas at the project site. With the field monument survey data, office surveyors generate a variety of base maps incorporating boundary data, record data,topographic data,as-built data,project control, route surveying data and GIS databases along with other available datasets, induding aerial orthophotos and underground utility findings. Topographic and Utility Surveys In most cases, topographic and utility survey data is collected at the same time as the boundary surveys. For longer projects,this step could include an aerial photogrammetric survey and field work by the survey crew would include QC and infill for data obscured by the aircraft. GSi carries out small-scale and large- scale topographic and bathymetric surveys using a combination of total station, laser scanner, SONAR, GPS,aerial or mobile LiDAR and UAS technologies that best fit the client's time and accuracy requirements. Aerial and mobile LiDAR surveys are carried out by several trusted subcontractors utilizing Global Navigation Satellite System (GNSS) control, but the data processing, classification and verification by ground survey QA/QC checks are completed in-house along with data infill provided by our in-house static LiDAR scanning procedures.In addition,some underground utilities are located and marked out by trusted subcontractors, but the survey and QA/QC of those marks are carried out in-house. Our in-house utilization of UAS imagery can provide a visual inspection of the utility mark-out for review in the office at a later date. Mapping Services Most mapping services begin once all the field data is collected and GSi employs a team of highly skilled draftspersons adept at supplying electronic and paper deliverables for a wide variety of design sets, construction layouts, as-built plans, and exhibits. We utilize the latest versions of industry standard programs such as Civil 3D, PLS-CADD, Microstation,Trimble Business Center and Esri products. In-house GIS application development can also be implemented to provide further data analysis and accuracy assessment products required to satisfy each project's needs. 24 (a)GS1 Easement Legal Description and Plats Preparation As the project progresses into final design stages,further easement perfection services may be required. GSi has extensive experience in reviewing and interpreting deeds, record maps, instruments,and transfer documents to plot existing easements as well as preparing documents to establish new easements as necessary while adhering to City, County, State and Federal requirements. Once completed, the legal description exhibits can be utilized in property acquisitions, lot line adjustments, Parcel Map Waivers, street vacations/dedications, and court filings. Professional Recording Services If the need for a filed map or professional certification arises,GSi is experienced in the execution and filing of Record of Survey maps,Corner Records,Tract Maps, Parcel Maps,street vacations/dedications, lot line adjustments, Parcel Map waivers, and related documents for compliance with the California State Subdivision Map Act requirements and other applicable codes and regulations. Each document will be stamped and signed, as necessary, as acting Surveyor. Construction Staking As the design stage is completed and moves toward construction, the detailed survey planning from project inception will have established a reliable control network by which all construction requirements can be measured. GSi has a vast wealth of experience in all aspects of construction staking including site/work limit staking,environmental staking,structure/footing location staking, rough/final grading and road staking, utility upgrades/new construction, structure deformation monitoring and as-built surveys/certifications.We routinely stake out proposed improvements for job walk reviews,providing on- site survey support to re-locate features or collect additional survey data as required by the engineers on the job walk. Grade Sheets shall be prepared and submitted to the City within 48 hours of the receipt of the "Staking Request".Streamlined workflows can be established according to the client's needs for on- going reporting on things such as quantity and volume surveys to ensure compliance, measure progress or quantify import and export of materials. Our experienced crews can consult as required to meet needs on-demand with real-time office support as required. As-Built Drawings GSi stands ready to complete as-built surveys and drawings shortly after construction, and even during the construction phase of the project. Accurate monitoring of construction sites for various parameters can be provided in clear and concise reporting as required by the project demands.Professional Engineers and Surveyors will review and provide comments for various engineering plans such as but not limited to street improvement plans, storm drain plans, grading plans, Water Quality Management Plans(WQMP), and hydrology reports. GSI's team approach has a proven track record of success in managing, recording, and analyzing complicated data sets and intricate specifications required to make large infrastructure projects a success. Monumentation/Restoration Surveys and Centerline Ties G5i Survey Crews are regularly asked to conduct monument preservation activities so that monumentation can be reestablished in the event of damage or removal throughout the course of a project. GSi ensures that any property corners that may be potentially damaged or destroyed during construction are properly tied out beforehand,so that the corners can be restored following construction, 25 and that Corner Records and/or Records of Survey can be filed pursuant to State law. During this process, as with all deliverables, plan review comments shall be returned to the City of Cathedral City in an expedient manner. A standard delivery schedule should be no later than 3 weeks for the first plan review and 2 weeks for the second plan review. If a third plan review is needed,it should be revised and delivered in less than 1 week as standard practice. Aerial Topographic Mapping Upon receipt of Notice to Proceed with flight, AeroTech Mapping will create a flight/ project folder and assign an AeroTech California job number. All flight parameters, including flight height above average based on local pressure and temperature,flight plan starts and stops in latitude and longitude and image color spectrum selection are uploaded to our onboard laptop. Upon favorable weather checks,AeroTech will coordinate with local FAA controllers to provide location of survey flight and provide TRACON a digital map showing approach, flight line coverage and egress points. AeroTech will then download digital imagery to the master job number file, confirm aerial photo control data provided by P.A. Arca and run aero-triangulation software which will confirm XYZ coordinates are in their correct geo orientation. Control data and imagery will be mated in a stereo environment, and we begin the data compilation process.An orthophoto will be generated in this geo environment, reviewed and saved for QA/QC checks and final delivery. All natural features and man-made structures will be drawn according to scope and ASPRS Class 1/National Map Accuracy Standards.Once compilation is complete,the map is reviewed for quality and accuracy and confirmed with the Orthophoto before moving into final edit. During this process,all contours,break lines,spot elevations,trees,vegetation,waterways and man-made structures are confirmed in their correct geographic location. Proper layer detail and line type/color are added, confirmed and edited for consistency. A final QA/QC check will be performed and stamped by a certified photogrammetrist. 26 EXHIBIT "B" SUMMARY OF COSTS FROM PROPOSAL B-1 SUMMARY OF COSTS Pursuant to the Request for Proposals,the undersigned hereby proposes and agrees that on award by the City under this Proposal, and in accordance with the provisions therein stated, to execute a City Design Professional Services Agreement, to provide and to furnish any certificates of insurance and all labor, materials,transportation and services for Construction Surveying Services for various City projects on an as- needed basis. The Hourly Rates listed below shall include labor,materials,equipment,transportation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of this Request for Proposal and the applicable Caltrans Survey Standards.Labor costs shall be fully burdened and include all wages,fringe benefits, overhead and profit. The hourly rates will be used as the basis for charges and invoices for the various projects. Prevailing Wage-In accordance with Section 1770 of the Labor Code,the City has ascertained and does hereby specify that the prevailing wage rates shall be those provided in Article 1110-20.0,WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The City will furnish to the Consultant,upon request,a copy of such prevailing rates. It shall be the duty of the Consultant to post a copy of such prevailing wages at each job site. The following is a summary of costs to provide the services outlined in the Request for Proposals for Professional Surveying and will be used as the basis for negotiating a Design Professional Services Agreement: CITY OF CATHEDRAL CITY ANNUAL AS-NEEDED CONTRACT Hourly Rates for Surveying Services TASK DESCRIPTION HOURLY RATE 1 TWO-PERSON FIELD CREW $300.00 2 OFFICE CALCULATIONS $115.00 If proposal is accepted,invoices will be based upon the above Unit Price and actual work performed. Consultant Signature Dennis Rose, PLS - GIS Surveyors Inc. Name of Consultant 858-679-1732 Consultant Telephone No. Professional Land Surveying and Mapping Services Annual As-Needed Contract 4 • .cr4G A GEOSPATIAL FIRM 2. Cost Proposal A. Hourly Rates Hourly Rates—Standard Wage Role Hourly Rate Principal $200.00 Licensed Land Surveyor $180.00 Survey Project Manager $150.00 Two Man Survey Crew $230.00 One Man Survey Crew $160.00 Three Man Survey Crew $320.00 Senior Survey Analyst $135.00 Survey Analyst $120.00 Office Calculations $115.00 Senior CAD Technician $105.00 Junior CAD Technician $95.00 Administrative Assistant $70.00 Hourly Rates—Prevailing Wage Role • Hourly Rate Principal $200.00 Licensed Land Surveyor $180.00 Survey Project Manager $150.00 Two Man Survey Crew $300.00 One Man Survey Crew $185.00 Three Man Survey Crew $360.00 Senior Survey Analyst $135.00 Survey Analyst $120.00 Office Calculations $115.00 Senior CAD Technician $105.00 Junior CAD Technician $95.00 Administrative Assistant $70.00 Additional Billing Requirements Item Cost Preliminary Title Report $1000.00/parcel Overtime Multiply the above hourly rates by 1.5. 1 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 C-1 $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, 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. C-2 d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 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 1 0 DATE IMMIDDIYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 4.....---- 06/28/2022 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 PaumaNalley Insurance Agency,Inc. NAME: Justina Strausbaugh _ P.O. Box 1530 PHONE .Ext); (760)749-2383 FAX Not:(760)7517692 Valley Center,CA 92082 EADDRESS: justina@pvins.com License#: 0662677 INSURER(S)AFFORDING COVERAGE NAICI INSURER A: The Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B: Travelers Property Casualty Company of America 25674 GIS Surveyors Inc INSURERC: Travelers Property Casualty Insurance Company 25674 12120 Tech Center Dr Ste D INSURER D: Ohio Security Insurance Company 24082 Poway,CA 92064 INSURER E: Allied World Surplus Lines Insurance Company 24319 INSURER F: Lloyd's of London COVERAGES CERTIFICATE NUMBER: 03000545-0 REVISION NUMBER: 248 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - -ADDL SUBR __- POLICY EFF POLICY EXP - - _-- LTR TYPE OF INSURANCE 1NSD WVD POLICY NUMBER (MMIDDIYYYY) IMMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY , Y Y 680-3J587459-21-47 07/29/2021 07/29/2022 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,900 PERSONAL a ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY LxI Ta LOC PRODUCTS-COMP#OPAGG $ 4,000,000 OTHER. 1 Watercraft Liab. $ 2,000,000 B AUTOMOBILE LIABILITY Y Y 1 BA-2G136579-21-GRP 07/29/2021 07/29/2022 COMBINED a «iderd)SINGLE LIMB $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - HIRED NON-0WNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) _ $ C X UMBRELLA LIAR x occuR Y Y CUP-2G150389-21-47 07/29/2021 07/29/2022 EACH OCCURRENCE $ 5,000,000_ ��`LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ - $ D WORKERS COMPENSATION Y i XWS58981026 07/29/2022 07/29/2023 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEES _ 1,000,000 I If yes,describe under IDESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E !Professional Liab. 0309-0596 06/17/2022 06/17/2023 Aggregate/Occurence 5,000,000 F !Cyber Liability ESK0633590038 09/23/2021 09/23/2022 J Aggregate 1,000,000 1 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) The City of Cathedral City, its respected elected officials, officers, employees,agents and representatives are named as additional insured's as required in written agreement per the attached endorsements.Waiver of subrogation applies as required in written agreement per the attached endorsements. Insurance is primary and non contributory as required in written agreement per the attached endorsements. CERTIFICATE HOLDER CANCELLATION 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. 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 AUTHORIZED REP'ES TATIVE (JMO) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The AGGRO name and logo are registered marks of ACORD Printed by JMO on 06/28/2022 at 12:47PM Policy#680-3J587459-21-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or"property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization:or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the additional insured for a loss we cover. However, if contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs: and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g. sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 0 2015 The Travelers Indemnity Company.AN rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a"written contract requiring insurance"with q 9 that person or organization. We waive this right a. After you have signed that written contract: only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs, or the"personal injury" offense is committed. Page 2 of 2 0)2015 The Travelers Indemnity Company.AN rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office.Inc..with its perrnission Policy#BA-2G136579-21-GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5.. LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect during the policy period, to be named as an addi (1) Any covered "auto" you lease, hire, tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph Al.. However, any"auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II—COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 n 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured"while us- (2) An adjustment for depreciation and physical ing a covered"auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II—COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) Any "auto" that is hired, rented or bor- 2. The following replaces Paragraph A.2.a.(4) of rowed from your"employee". SECTION II —COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of I—COVERED AUTOS: $1,500 for temporary transportation expense in- TIONcurred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE—GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or Cover- borrow subject to the following: The following is added to Paragraph A.4.,age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire. rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; pare)and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 co 2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto"you own that in- and tear or high mileage; hate due to a cause other than a cause of "loss" (c) Security deposits not returned by the les- set forth in Paragraphs A.1.b. and A.1.c., but only: sor, a. If that "auto" is a covered "auto"for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy: Insurance, Health, Accident or Disability Insurance purchased with the loan or b. The airbags are not covered under any war- lease; and ranty;and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered"auto" of We waive any right of recovery we may have the privatepassenger type shown in the Schedule against any person or organization to the ex- the you Yp tent required of or Declarations for which Physical Damage Coy- by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the"accident" or loss"arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 Cc>2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 01-13) 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.) You must maintain payroll records accurately segregating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ 2�,4 . Schedule Person or Organization As Required by Written Contract Job Description 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.) a Endorsement Effective Endorsement No. 0014 Policy Effective 07/29/2021 Premium State Policy No. XWS (22) 58 98 10 26 Insured GIS SURVEYORS INC. Insurance Company Ohio Security Insurance Company 19291 Countersigned by WC 99 06 79 (Ed. 01-13) 2013 Liberty Mutual Insurance Includes copyrighted material of WCIRB.with its permission.