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HomeMy WebLinkAboutContract 2007 Contract No. t i City Clerk Review i% Risk Managenput ' "WITS Scanned AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND NCE, INC. This Agreement for Design Professional Services ("Agreement") is entered into as of November 9, 2022 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and NCE, Inc. ("Design Professional"). City and Design Professional are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for proposals the performance of the engineering services defined and described particularly in Section 2 of this Agreement. B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Design Professional was selected by the City on the basis of Design Professional's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years commencing on the Effective Date. - 1 - SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the 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 amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Six Thousand One Hundred Forty Three dollars ($76,143), 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 (by sub-category), travel, materials, equipment, supplies, and sub-Design Professional contracts. Sub-Design Professional charges shall be detailed 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, - 2 - 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 thirty (30) 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. - 3 - 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 that it has the qualifications, knowledge, skill, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same location or similar locality. Design Professional shall at all times competently 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. 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 represents 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 do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers - 5 - done under contract and paid for in whole or in part out of public funds. In this context, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 12. NONDISCRIMINATION. Design Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940. 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. - 6 - SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives City notice of such court order or subpoena. (c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Design Professional's conduct. (d) Design Professional shall promptly notify City should Design Professional, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, 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) With respect to its operations, other than the performance of design professional services and to the full extent permitted by law, Design Professional agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Design Professional, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Design - 7 - Professional is legally liable ("indemnitors"), arising from Design Professional's reckless or willful misconduct, or arising from Design Professional's or indemnitors' negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith: (i) Design Professional will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (ii) Design Professional will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Design Professional hereunder; and Design Professional agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (iii) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Design Professional for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Design Professional hereunder, Design Professional agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. (b) With respect to its operations in the performance of Services to be performed by a "design professional," as that term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnity, defend, and hold harmless the City, its officers and employees, from and against liability for damages to the extent caused by Design Professional's, recklessness, negligent acts, errors or omissions, or willful misconduct in the performance of services under this Agreement, except such loss or damage caused by the negligence or willful misconduct of the City. Design Professional has no obligation to pay any amount that exceeds Design Professional's finally determined percentage of liability based upon the comparative fault of Design Professional, except as provided in Civil Code Section 2782.8(a) and (e). (c) City's Negligence. The provisions of this section do not apply to claims occurring as a result of the City's negligence. The provision 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 - 8 - so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional's staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional's possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. - 9 - SECTION 20. DEFAULT. In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Design Professional's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 22. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing 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 - 10 - To Design Professional: NCE, Inc. Attn: Margot Yapp, P.E. 17050 Bushard St. Suite 200 Fountain Valley, CA 92708 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. 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 - 11 - 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, 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. - 1 2 - 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 NCE, Inc. _6e/tie"_tci fr/ - Charles P. McClendon By: Margot app, P.E. City Manager Its: Principal-in-Charge ATTEST: By: Its: AAA 14 racey R. rmo illo City Clerk APPROVED AS TO FORM 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. - 1 3 - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of PO ''"G:k-4'` On Oe''r4'4 2Y 17-02-'- before me, !' Jit n N • Kilr. ,Notary Public, (Here insert name and title of the officer) personally appeared M trJc* TSi;h Yu n *IF? who proved to me on the basis of satisfactory evidence to be the personcsi whose namecb)&are subscribed to the within instrument and acknowledged to me that heiJ/they executed the same in hisiJ/their authorized capacity(i ), and that by his/their signatureV) on the instrument the person, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 0,> JEAN H.KIM WITNESS my hand and official seal. 3 , Notary Public-California Alameda County . Commission k 2370573 I, 44<t5•"' My Comm.Expires Aug 12,2025 Sign e of Notary Public V�--- (Notary Seal ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be P f 4AV tor' c j j- ?yy t4 t vv ,1,- 4 Istiry properly completed and attached to that document. The only exception is if a 9th.' l t L t d g ►+f Ll CA- document is to be recorded outside of California.In such instances,any alternative J acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in r a~d •N . California (i.e. certifying the authorized capacity of the signer). Please check the I (Title or derscription of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages I3 Document Date 1 signer(s)personally appeared before the notary public for acknowledgment. 1- F 0.6)-pr sort,r►t,of--f e,rv) A'l t I-1 V • Date of notarization must be the date that the signer(s)personally appeared which t W070--$ 1 fp ti 5-1 r y r 5. must also be the same date the acknowledgment is completed. (Additionafo ation) • The notary public must print his or her name as it appears within his or her 7 �C)(1t+�t}G yy�SH nl inn f• commission followed by a comma and then your title(notary public). O • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they, is/fire)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this O Trustee(s) acknowledgment is not misused or attached to a different document. Other_Tv.in()re)y -;^- r -G • Indicate title or type of attached document,number of pages and date. o Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document EXHIBIT "A" SCOPE OF SERVICES A-1 411Pr . U City of Cathedral City 4Ila Proposal for the City's Pavement Management Program *IF October 13,2022 Technical Proposal 1. Scope of Work Project Approach NCE understands that the City of Cathedral City (City) is seeking proposals from consulting firms with expertise in developing, implementing,and/or preparing updates for a pavement management program (PMP). A comprehensive PMP will be critical in assisting the City in developing funding scenarios as well as multi-year budget and S El Cielo Road treatment plans that are practical and cost-effective. r Ideally, the PMP is used to prepare a multi-year maintenance plan, which consists of a rotating maintenance schedule using consolidation of treatments versus rehabilitation, and zone improvement approaches. These approaches are used by many cities, as it reduces construction costs by creating more aggressive bidding and reducing mobilization and minimizes disruptions to businesses and residents. NCE has performed similar analyses for numerous agencies in California—including several cities in the southern Californian region. The City currently manages its street network of approximately 155 centerline miles using a detailed inventory of street segments to determine pavement condition and develop its maintenance and resurfacing program. As part of this proposal, NCE staff conducted a preliminary site visit on Monday,October 3,2022.The primary purpose of the site visit was AL to get a better understanding of the existing condition of the City's �` +.l�a► street network. This site visit included numerous streets of different , I classifications (Arterial, Collector, and Residential). NCE staff --_ - anecdotally determined the City's overall pavement network was in "fair"condition-with significant variation in the condition of residential '- streets. Some residential streets showed severe fatigue or block cracking,while other appeared recently resurfaced.Arterial streets,on Buddy Rogers Avenue the other hand,were more consistently in the"good to fair"range.The '" 1k PMP will provide the City's policy makers and asset management experts the following key pieces of information: 1. Updated inventory of the City's current pavement network,including condition and attribute information of sectionalized street segments,such as GIS location,to/from locations,functional class, length,width, area,number of lanes,etc. 2. The current average weighted Pavement Condition Index(PCI)of the entire network and by functional class. 3. Recommendations for future maintenance and rehabilitation(M&R)strategy based on discussions between NCE experts and the City's asset management professionals. 4. A five-year workplan based on various funding and treatment scenarios,which will show the Council and the public the most cost-effective manner of spending the City's tax revenue and newer revenue sources such as 581(estimated to be$1.2 million for FY 2022-23). 5. A long-term funding analysis to determine future needs that will help guide City Council in making informed policy decisions and achieve PCI goals. gl`-JC F Page 11 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 The scope of work will include the following tasks: Task 1— Kick-off Meeting Task 2— PMP Software Assessment Task 3— Inventory Creation ` >! Task 4— Pavement Condition Surveys r- Y Task 5— Quality Control Plan •—""' Task 6— Input Maintenance&Rehabilitation History Task 7— Establish M&R Strategy,Unit Costs,&Decision Tree Palm Canyon Road/CA-111 Task 8— Budgetary Analysis&Report 1 Task 9— GIS Database Linkage Task 10— Presentation Support&Training Session Task 11—Technical Support&Council Presentation (OPTIONAL) Task 12— Focused Multi-Year Work Plan(OPTIONAL) Task 13—Right-of-Way Asset Inventory and Inspection (OPTIONAL) Scope of Work Task 1-Kick-Off Meeting NCE will first meet with City staff to kick-off the project by reviewing the technical approach and any administrative matters that may be necessary.At a minimum,items to be discussed will include: • Scope of work and schedule • Approach for creating PMP inventory(PMP software,sectionalization of network,functional classifications,format of section names and identifiers,Area IDs,jurisdiction, maintenance zones,funding sources, and f other pertinent attribute information) . • Field work(scheduling and access requirements,public • 1 safety concerns,and Quality Control Plan [QCP]) -' " .- • Available files(e.g.,existing pavement management inventories,construction history,GIS shapefiles, available • maps, and other relevant data) C • Maintenance practices, history,and costs '� Y r Sky View Water Trail • Paving budgets or PCI condition goals for modeling budget- driven and/or target-driven scenarios • Other issues as appropriate. Prior to the kick-off meeting, NCE will prepare a detailed agenda. Part of NCE's value to the City is the information that we can bring and share from other agencies. This includes experience in developing management sections, PMP implementation, M&R strategy recommendations, and the practical results based on tight budgetary constraints. Deliverables for Task 1. Meeting agenda;virtual Kick-off Meeting;technical memorandum summarizing kick-off meeting;and virtual progress meeting. ',!NCF Page 1 2 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 Task 2—PMS Software Assessment Our pavement engineers are well trained and well-versed in both StreetSaver®and PAVERTM PMP software.NCE has also assisted numerous clients to successfully implement StreetSaver® as the heart of a versatile and multifaceted PMP program. For the reasons noted below, NCE :., proposes to use StreetSaver for the City's PMP. If the City would like to — \�_ implement an alternative PMP software, then we would be more than happy to provide an estimate with additional costs. Having tenured I experience assisting agencies that have implemented both StreetSaver® 41 and PAVER',NCE can attest to StreetSaver®'s advantages which includes ' PAVER" the following: r • Tailored Specifically for use by Local Agencies • StreetSaver®being a web-app is accessible from any system with C'.4 StreetSaver" an internet browser without the need for software installation • Allows for multiple users to access the same database, hosted on ., ia"...... *It-•-e StreetSaver®'s cloud Ld'-'-. A,?I..4. ,.., • Navigating the software is easy—all software features are a►�,,,'=• W-..:4— ji IN grouped in a side panel ParemancSecumr • Consistency of functionality and the graphical interface provides a a r, :.ft i g l for a user-friendly experience Z. C.C. . Parsee • Asset management modules for traffic signs and ADA ramps ►'a t}1 ri mi M. Abe. P.N. Slw+ti.... • Annual training classes at no extra cost, if the City elects to have — the annual software maintenance plan Please note the remainder of the scope is developed based on the assumption that the City will use StreetSaver® as its PMP software. However,as noted above if the City wishes to explore any other PMP software(such as Paver), NCE will assist the city in carrying out the assessment at an additional cost.As part of this task, NCE will obtain 1- year warranty on the StreetSaver®software. Additionally, NCE will also obtain an annual software maintenance agreement. Exhibit A shows the draft annual software maintenance agreement for StreetSaver®software. Deliverables for Task 2: 1-year software warranty agreement;and annual software maintenance Task 3—Inventory Creation As part of this Task, NCE will create an inventory of the City's existing street network. This would involve the following items: • Obtaining GIS Maps for the City's street Network • Determine the functional classification of each street within City's street network • Sectionalization of streets into pavement management sections • Linking pavement management sections in StreetSaver® Please note, based on the questions and answers,we have assumed that the City currently does not have a custom GIS shapefile,Thus, NCE will use US Census Bureau's TIGER MAP as GIS shapefile. Deliverables for Task 3: Functional Classification of each street within City's street network; Pavement Management Sections;and Linking Pavement Sections in StreetSaver®. ;!NCE Page 13 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 Task 4—Pavement Condition Surveys NCE's MTC certified inspectors will inspect the 155 miles of City maintained streets using ASTM D6433-20 protocols. The evaluation of the pavement surface distress is based on three components: • Type is defined as'What kind of crack or defect is it?'based on environmental distresses(e.g.,block, longitudinal/transverse cracking,weathering)or load AM* vo ie 10004 firik-514.11.21Warof related distresses(e.g.,alligator cracking, rutting). + • Severity is defined as'How bad is the defect?' in terms of ' CERTIFICATE OF ACHIEVEMENT the measurement or degree of wear associated with the Q ""`"'""'els M.irker Geospatial condition. icn r,mirkJ JK mpiono..NI ON CNTC'Strol5 of Aulknao1 Rainy • Extent refers to quantity or'How much?'of the pavement is .KC.r .t:o�*�m affected by a particular distress. e. Oallitoe.r0 44111)1t4sw • Based on our understanding, the City is open to both manual and } .�_ G3 Set,• t' automated survey approach to determine distresses and in-turn calculate the PCI. A manual survey involves a certified technician ' walking City streets and measuring the distresses as per ASTM D6433 protocols.However,the recent technological advancements allow the use of high-speed automated surveys that combine the use of roadway sensors and digital imagery. NCE recommends the City use automated surveys to assess pavement distress.Automated data collection involves surveying 100%of the City's network for similar costs under safer conditions and in comparatively less time in the field. Our team (NCE and Marker) is well-practiced in collecting, measuring, and mapping all roadway data with a sophisticated automated approach using pavement laser scanners. NCE's pavement inspectors have undergone a rigorous certification test through both the Orange County Transportation Authority's(OCTA)and the Metropolitan Transportation Commission(MTC)"Inspector Certification/Testing"programs.These cover both ASTM D6433 and StreetSaver'''distress protocols. In addition, Marker is also certified by the Metropolitan Transportation Commission(MTC)"Automated Rating • Vendor Certification"program. In addition, our team complements this automated process with MTC-certified inspectors in our survey vehicle to identify and confirm all pavement distress data by One orTwiane rods nee 10011�l ICON) )�W**— ) ll --->!100-i * 1--- KIM .l using our on-board surface distress recording subsystem. These specially designed pavement distress data entry devices are integrated with the II 60 'r ) vehicles GPS to allow inspectors to accurately • 'coo* quantify the severity and location of each Four+lane roads: 100« AOR 1000 MN 1008 ICOR ICOR ICOR ICON 10011 pavement distress.This process allows 100 percent of the pavement area to be inspected at posted 1 speed limits to avoid impeding or disrupting traffic flow.One survey pass per pavement section will be funet performed on one to two lane streets. Additional 11101 passes will be performed on streets with three or 1.0008 more lanes or divided streets (see survey coverage area above). a!NCE Page 14 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 The pavement condition inspection will be performed per -- :. ASTM D6433-20, "Standard Practice for Roads and • Parking Lots Pavement Condition Index Surveys". A , z-:-. minimum of one sample unit per section will be inspected. Any variation from the established procedures will be to - - accommodate unique local condition, e.g., gap-graded texture of rubberized asphalt concrete overlay,chip seals , _ over Portland cement concreate pavements, bleeding, �► ton� or edge cracking, etc. these conditions typically exhibit - . i..�riru�mueneaitklin6 rum„g unique distresses that may not be reflected in any distress manual, so special exceptions will need to be made. Any - areas which are not typical for the entire section will be ,�. inspected and recorded as a special sample unit. Ink NCE will be responsible for providing the equipment necessary for the performance of this task. Should City personnel wish to observe NCE's crews during the inspections,they can accompany NCE's field crews for up to X day—to gain hands-on training at no additional cost to the City. We have found that this is the most effective training method for agency staff,as they become part of the data collection crew, rather than just an observer. Please note that NCE's scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, road shoulders, sidewalks, curb and gutters, drainage issues or short- term maintenance that should be performed. Deliverables for Task 4: Enter pavement distress data into StreetSaver® database; and preliminary PCI report (electronic). Task 5—Quality Control Plan Quality management practices for pavement management suggest t • •that a one-time inspection of the final data is typically inadequate and has.. ..i' involves a high risk of failure. We have recognized the importance of effectively implementing and ensuring quality control and assurance practices on pavement distress data. Depending on the distress data ` j { collection approach, NCE will use a proven approach that integrates sg quality management and control procedures throughout the entire Sunny Dunes Drive data collection and delivery process. j ° 4 NCE's goal is to provide the highest quality work product for our clients. To meet this goal, a quality assurance/quality control(QC/QA)component is incorporated into all our projects. For this project,Vivek Jha,P.E., as NCE's proposed QC Manager,will have the responsibility for incorporating the following QC/QA steps into our work: • Calibration of data collection activities • Reviewing field activities, including spot checks on the field crews • Reviewing field procedures, making changes as-needed • Comparing the field data collected with on-site conditions • Reviewing all data entry functions, including spot checks • Reviewing reports generated and analyses performed to ensure high-quality deliverables. ,!NCE Page 15 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 NCE's QC/QA Plan provides for a minimum of 10%of the field data to be re-inspected by a different inspector. A comparison of the distresses (type, severity, and quantity) will be made and at least 95% of re- ' - inspected sections must be in compliance. As part of this task, NICE will = ' -P-411111 select the streets that will be re-inspected and provide that list to the City Ake- for approval. Once approved by the City, NCE will perform the re- inspection of at least 10% of the City centerline miles. NCE's typical QC Quality Control Plan plan includes the following: • A minimum of 10%random and systematic reinspection of :*NCE condition: 41, o Random reinspection wilt include a representative selection across several categories(functional class,surface type, z--- pavement condition,geographical areas,etc.). c o Cathedral City o Systematic reinspection may be used to further investigate """ observed trends and to confirm accuracy of sections with corresponding previous PCIS differing by± 15 points or 2-3 points per year.Typical causes include unrecorded maintenance,premature pavement failures,incorrect survey data,etc. All data collected from the condition surveys will then uploaded into the StreetSaver database. This task will be performed at NCE's office in order to provide Quality Control of all data entered into the system. NICE will then perform the pavement condition index (PCI) calculations, and correct any errors found. A PCI listing report will be prepared and submitted to the City. Deliverables for Task 5: QC/QA Plan; updated PMP database;and PCI listing report. Task 6—Input Maintenance& Rehabilitation History As part of this task, NCE will review the list of street segments and pavement treatments for the last five(5)years (to be provided to NCE by the City). Recent M&R historical data is extremely useful to present accurate pavement condition and predict future performance. The chart provided to the right is an example of a custom o performance curve developed using historical data. M&R activities (e.g., overlays, reconstructions, and surface seals) that C 4'.8 have occurred within the last five years will be entered into the StreetSaver® database. The M&R historical records will include i L. the following information:street name and identifiers; beginning and ending limits of work; type of treatment; and date of treatment. i § l i i i o ! ! ! W Deliverables for Task 6: M&R history report. Task 7—Establish M&R Strategy, Unit Costs, & Decision Tree NCE will next review M&R strategies with City staff and include the recommendation of appropriate treatments such as cape seals or overlays, and the determination of treatment unit costs.This will be an appropriate time to review the use of new/sustainable treatments or materials,such as rubberized asphalt,rubberized chip or cape a!NCF Page 16 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 seals,microsurfacing,rejuvenators,cold-in-place recycling,full- PRESERVATION TECHNIQUES depth reclamation,fiber reinforcement,warm mix asphalt,etc. ,. _ yr— Development ,.—Development of the M&R decision tree is a critical step in • grill creating a PMP program as it has a direct and significant impact on the final work plan that is developed,as well as the budgeting (IV . consequences.NCE's experience in civil engineering&design and a"""' FSeal sur especially pavement engineering & design, as well as local conditions, allows our staff to be able to provide the City with solutions that are practical and workable. Once the M&R alternatives are defined,a treatment unit cost will be determined for each alternative. These alternatives and costs will then be map Cave Seal M"la 'e"g entered into StreetSaver®for budgetary analysis. The unit costs74, • will have a huge impact on the City's projections or needs assessments. Therefore, NCE will review any recent bid tabs, . ! together with those from neighboring cities as appropriate.Also, _ unit prices will be fullyloaded rates, and will include notjust Sent Seal """"""°.Clea °'SeRe°'in Viten porus contractors'prices, but also design,inspection and testing costs. Deliverables for Task 7:Virtual meeting to discuss treatment alternatives;unit costs;and decision tree. Task 8—Budgetary Analysis&Report NCE will perform a Budget need analysis using an analysis period of five-years. This task will identify M&R requirement for each street section and determine the total M&R requirements over the entire analysis period.The costs are then summed for the entire period. This forms the basis for performing Budget Scenario evaluations, which optimize the street sections for repair under constrained budgets. Simply put,the Budget-Need analysis answers these questions: "If I have unconstrained funding to meet my PCI goals,which streets should I fix? When should I fix them? What treatments should I apply? How much will it cost?" The Budget Scenarios evaluation prioritizes road sections for repair under constrained, realistic, budgetary assumptions. Minimum of five budget- or target-driven scenarios will be performed after discussions with City staff. The budget analysis will focus on how different scenarios impact the PCI over time and how much (if any) additional funding is required to achieve the target PCI goals (determined by the City)for each scenario. Examples of typical scenarios include: • Impact of existing funding levels on network PCI • Impact of drops and/or increases in existing funding on network PCI • Funding levels necessary to maintain current network PCI • Funding level necessary to improve current network PCI • Funding required to maintain a specific PCI(e.g.PCI=70). (" o• r- Page 17 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 In simplistic terms,this module answers the questions: "If I only have limited funds for road maintenance and repair,which streets have the highest priority? When should I perform the repairs? How much will it cost?" Based on discussion with the project team (NCE and City staff), a preferred scenario will be recommended. The results from the preferred scenario will be used to develop a five-year rehabilitation program including treatments and when to apply treatments to streets. Upon completion of the analyses, NCE will prepare a Draft Plan for the City to review.The Draft Plan will include: • The completed PMP database • Current pavement conditions(PCI)in tabular form • Condition distribution by functional road classification • Draft exhibit showing section PCI with limits, length,lanes,and pavement surface type • Results and recommendations of evaluated M&R strategies, and budget scenarios • Projected annual repair/rehabilitation programs for road maintenance for all street over a 5-year period • Draft GIS map exhibit showing existing PCI rating and 5-year work program (See Exhibit B). Following the City's review of the Draft Plan, NCE will prepare a Final Report. The Final Report will a single comprehensive document with appendices that clearly and concisely contains all relevant findings, observations, and recommendations.The report and its exhibits will be presented legibly.The report charts and map exhibits will have distinguishable color gradations.At a minimum,the Final report will contain the following components: • Executive Summary outline complete report • Introduction and methodologies utilized for field surveys and budget analysis • Work history of completed street M&R • Current pavement conditions(PCI)in tabular form • Condition distribution by functional road classification • Projected annual repair/rehabilitation road maintenance programs over a 5-year period • Analysis that allows City to measure impact of cost on deferred maintenance • Exhibit showing PCI with limits, length, lanes, and type of pavement • Exhibit showing proposed annual work to be performed based upon available funding over a 5-year period • GIS map exhibit showing existing PCI rating and a 5-year work program. Deliverables for Task 8: Draft Report within 5 months from NTP; Virtual w meeting to discuss draft report;and Final Report within 7 months from NTP. ti .� - Task 9—GIS Database Linkage Upon finalization of the PMP database,NCE will provide an ArcMap compatible . f GIS shapefile to the City consisting of matching segments in the StreetSaver® database. Attribute information from StreetSaver® will exported and coded in the GIS shapefile, such as street/section names and identifiers, beginning and end locations, lanes, functional class, section length, PCI, and last treatment. $, Please note, StreetSaver® has a built-in GIS toolbox with a variety of mapping e!NCE Page 18 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 features accessible to any user that has been invited to login into the database and given the necessary permissions by the account admin. Deliverables for Task 9:CD/DVD of GIS shapefile coded with inventory and PCI data. Task 10—Presentation Support&Training Session —11111 NCE will provide the technical support to City staff as they prepare for the t' City Council presentations. As part of this task, NCE can also share with the City the perspective of our work in the California Statewide Needs • ., Assessment study, which included an assessment of all 539 cities and '' . f /• , - counties. NCE can also assist the City to present the results of the PMP more tailored to the City Council.Exhibit C shows an example of a GIS map for the • r p. City of Carson created by NCE to show PCI of streets by council districts. In addition to the above, NCE will also provide half-day training for up to 4 City staff on how to effectively use the PMP software and its data entry requirements. Deliverables for Task 10:Assistance in developing Council Presentation; and Virtual PMP software training for up to 4 City staff. NCE has worked with MTC to provide training which includes: Basic Skills Workshop—focuses on data entry and editing,simple analyses and calculations as well as generating reports Budget Analysis Workshop—focuses on maintenance and rehabilitation strategies,life cycle costs, budget levels to use, weighing factors for use in prioritization,what-if scenarios and generating reports Budget Impacts Workshop—focuses on how to translate the results from the PMP into an effective presentation at City Council or at the Board of Supervisors GIS Workshop—discuss GIS features in StreetSaver by covering GIS linkages and reporting. Task 11—Technical Support&Council Presentation (OPTIONAL) As part of this optional task, NCE will present the results of the PM P to the City staff. In addition,our team will also prepare and present a 15-minute non-technical presentation to the City Council. Lastly, NCE will also provide up to 40 hours technical support relating to the StreetSaver4)software to the City Staff. Deliverables for Task 11: One virtual presentation to the City Staff; One In-person Presentation to the elected officials;and Technical Support(up to 40 hours)for the City staff. Task 12—Focused Multi-Year Work Plan(OPTIONAL) As an optional task, NCE will develop a focused Multi-Year M&R Work Plan; the PCI plays a role in treatment selection but for design purposes,confirmation and refinement of proposed treatments must be performed as well as consideration of base repair quantities, aggregation or re-grouping of streets to maximize construction savings, separation/combination of surface seal or rehabilitation paving programs, and cost to comply with complete and green street policies. The criteria for various funding sources available to the City will be considered when selecting streets in the Work Plan.NCE will perform focused field reviews to identify the following items for selected streets or alternative streets in.The Work Plan elements include: .�NCF Page 19 City of Cathedral City Proposal for the City's Pavement Management Program October 13,2022 • Verify treatment type and project limits. • Identify approximate base repair percentage or mark digouts in the field. • Identify number of Americans with Disabilities Act(ADA) ramp upgrades triggered by proposed treatments. • Identify potential tripping hazards area caused by tree roots or surface materials build-up area near the pavement edge.Tripping hazards area locations(house address or distance to intersection)would be recorded in the field review. • Identify alternative newer technologies (CIR, FDR,etc.)and/or alternative surface seal treatments on cul- de-sac areas. • Identify excessive cracking problem and propose alternative treatments as appropriate. ScenarioTreatments Through performing multiple scenarios, NCE will generate enough wni�. . candidate streets for grouping,consolidation,removal of outlier,and determination of other conflicts. Based on the criteria agreed upon with the City, pavement maintenance strategies and field 00^ observations, the sections selected would be grouped together ' geographically to produce continuous sections for treatment and try to avoid inefficiencies with shorter and isolated street segments and reduce construction costs and traffic impacts. Deliverables for Task 12:Technical memorandum summarizing work plan approach,draft and final street lists,and GIS maps;and approximate percentage of base repairs for candidate streets identified. Task 13—Right-of-Way Asset Inventory and Inspection (OPTIONAL) As part of this optional task,the City may also opt to collect additional right-of-way asset data in concert with the same mobilization by our team to collect pavement distress data.The GPS and 360-degree right-of-way Street Scan will collect street-level imagery at 1-meter precision. The Street Scan can provide inventory and inspection information for a variety of roadside assets including: • Traffic Signs—point location, MUTCD code,support type,facing direction,and optional inspection(using visual daytime method[good/fair/poor]or visual nighttime method[retroreflectivity]) • Sidewalks—length,width,type, material,and optional inspection of trip hazards and/or ADA compliance • Curbs—length,type,material and optional inspection(using condition assessment[good/fair/poor]) • ADA Ramps—point location,type,material,and optional inspection of ADA compliance • Pavement Markings—MUTCD code,color, length,and optional inspection(using visual daytime method [good/fair/poor]) • Other Assets: curb markings,cross gutters,speed humps,storm drains,and guardrails/barricades Should the City request data collection of one or more of these items, the scope of the task does not include additional analysis of the data, other than that which was outlined in the QC/QA Plan to ensure data quality. The scope of this task does not include any data linkage or import to asset management software (including StreetSaver") or any budgetary analysis. The inventories will be provided as a tabular report and a GIS shapefile compatible with ArcMap. If the City would like to perform additional analyses, NCE can provide an estimate of the additional cost. Deliverables for Task 13: Inventory report;and CD/DVD of GIS shapefile. y`ANCE Page l 10 EXHIBIT "B" COMPENSATION B-I 0 0 0 DI 0 Ill 0 0 L() 0 0 l� m CO 4') O) [D IT .7 CO CO CO N O N (D M (') (n N Cl N r All N at NC: - III $ _ o oN 0 o o ,l) N Q) V r rliii co in to M Vi to fA . t, r pi0 en Xi -U o o EI) 41004 p_ -111.ii M 1'1 n 4 N C N CD- CD er3 Q —__._ __ _—.-__ 1!Ii a` U 1111 61 o v) o ID a) C II t7� � i' ' 'li ,- CD C 61 � ;— caN u c - — D V a W .�y E N CO v 'Cr CO O CO C � Z. E ng m V H INI U AC wIIito O C k c_Vr • 4 N a N v N oc •- 413 US i 8 /I CO E ° > N 0 0 (75 0 Q N V c N r T: ii2 d c $ RS 1 O C L II as i N Q c a a a J C O O ZZ f N U o) c v V) w O a 1 N Y m U n d r w E U r.n O en h 2' cm a a) U ?� C O £ c $i c a c of cel o ed m m c c g 3 1 Y a r aa)) O C g • • O c o.8 CO y c m 0, F c t Z' .� U O (wo o m 15 f O Z' y U to rn m c :P7 ff w o E o o w r co g E 2 • a m m `_ a s 0 0 a a a) a W m U N 'u t g e TO �o 2 a U E mJ o q)O V) r+ c . eaa m z �[ a a CJ S.a w ~ m C7 d ~z " ke ~ ml�o 8 8 ri ri v (n co ;3 m ai Ucsi o r` -0 L 2 c Y Y Y Y Y Y YEn en en in En en En N Y Y Y Y F Y �[ ? C U U '. co co co co co co to N CO CO co co 0 (O co 0 '� Y Y Y Y Y I- F F F F- f H 0 H 1- H H -- F F._ le En M N q a F- I- - F- F- Ace N C F Collaboration Commitment.Confidence." SCHEDULE OF CHARGES 2022 - PAVEMENT MANAGEMENT PROJECTS PROFESSIONAL SERVICES Principal $230/hour Associate $185/hour Senior $170/hour Project $160/hour Staff $140/hour TECHNICAL SERVICES Senior Construction Manager* $170($195-PW)/hour Senior Designer $155/hour Senior Technician/Construction Inspector* $90($115-PW)/hour CAD Technician $115/hour Senior Field Scientist $125/hour Field Scientist $100/hour Project Administrator $90/hour Field/Engineering Technician* $80($105-PW)/hour Technical Editor $90/hour Technical Admin. $90/hour CONTRACT LABOR From time to time, NCE retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor will be charged at regular Schedule charges. LITIGATION SUPPORT Engineer/Scientist $330/hour Court Appearances& Depositions $550/hour EQUIPMENT Plotter Usage (separate fee schedule) Truck $140/day Automobile IRS Standard Mileage Rate+15% Falling Weight Deflectometer Testing $3,500/Day Coring $4,500/Day Environmental Equipment (separate fee schedule) OUTSIDE SERVICES Rental of equipment not ordinarily furnished by NCE and all other costs such as special printing, photographic work, travel by common carrier, subsistence, subcontractors, etc. cost + 15% COMM UNICATION/ REPRODUCTION In-house costs for long-distance telephone, faxing, postage, printing and copying project labor charges x 5% TERMS Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1.5% per month, or the maximum amount allowable by law, will be charged on past-due accounts. NCE makes no warranty, either expressed or implied, as to its findings, recommendations, specifications, or professional advice except that they are prepared and issued in accordance with generally accepted professional practice. *A surcharge of$25/hour applied for technicians and construction inspectors to comply with Prevailing Wage (PW) per requirements of California Department of Industrial Relations. 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 �-...111141 NICHCON-02 MCCOWANA ACORCPDATE(MM/DD/YYYY) (`---- CERTIFICATE OF LIABILITY INSURANCE 11/15/2022 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). License#0E67768 CONTACT Erica Wilson PRODUCER NAME: IOA Insurance Services 4370 La Jolla Village Drive (A/c°O,,,N,Ext):(858)754-0063 50233 I(Nc,No):(619)574-6288 Suite 600 Maw Erica.Wilson@ioausa.com San Diego,CA 92122 INSURER(S)AFFORDING COVERAGE NAIC/ INSURER A:RLI Insurance Company 13056 INSURED INSURER B:Interstate Fire&Casualty Company 22829 Nichols Consulting Engineers INSURER C: 1885 S.Arlington Ave.,#111 INSURER D: Reno,NV 89509 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POUCY EXP LIMBS LTR INSD WVD (MM/DD/YYYYI (MMIDD/YYYY) A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0003222 5/17/2022 5/17/2023 DAMAGE TO RENTED 1,000,000 X X PREMISES(Ea occurrence/ $ X Cont Liab/Sev of IntMED EXP(Any one person) $ 10,000 PERSONAL SADV INJURY $ 1,000,000 I I GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG_ $ 2,000,000 OTHER: Ded $ 0 A AUTOMOBILE LIABILITY (Ea dEDent)INGLE LIMIT $ 1,000,000 X ANY AUTO X X PSA0001184 5/17/2022 5/17/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ — X Comp.:$500 X Coll.:$500 $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0003030 5/17/2022 5/17/2023 AGGREGATE _$ 5,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X STATUTE ETH AND EMPLOYERS'LIABILITYPSW0001955 5/17/2022 5/17/2023 1,000,000 ANY OFFICER/MEMBER EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A X E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Prof./Poll.Liab. USF00807822 5/17/2022 5/17/2023 Per Claim 5,000,000 B Ded.:$50k Per Claim USF00807822 5/17/2022 5/17/2023 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101.Additional Remarks Schedule,may be attached if more space is required) RE:Pavement Management Program The City of Cathedral City are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability,Auto Liability and Workers'Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The City Cathedral City ,/ 1{ 68700 Avenida Lalo Guerrero oh d�ttrri [Cathedral City.CA 92234 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense within the product-completed operations committed after you have entered into that contract or agreement. hazard". 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION II — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 • Named Insured:Nichols Consulting Engineers,CHTD Policy Number PSA0001184 This enaorsementmodifies insurance provided under the following:. BUSINESS AUTO'COVERAGE FORM A. Broad Form Named Insured We waive any right:of recovery we may have against The following is added to the SECTION II — .any'person or organization to the extent required of you by.a contract executed prior to any "accident"or LIABILITY Coverage, Paragraph A.1. Who Is An loss", provided that the 'accident" Or'loss" arises Insured Provision: out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided. you own fifty organization:::designated in such contract. percent(50%a)or more of the business entity arid the E. Employee Hired Autos business entity is not separately insured: for Business.Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II to a• maximum of one hundred eighty .(1-80)' days LIABILITY COVERAGE, Paragraph A.1. Who following the acquisition or formation of the business Is An Insured Provision: entity. Acr "ernpluyee'' ur yours. is.cin "insured" while This provision does not apply to any person- or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement, name, with your permission. while performing B. Employees As Insureds duties related to the conduct ofyour business. The following is added to the SECTION II — 2° Change's In General Conditions: LIABILITY COVERAGE,Paragraph A.1.Who Is An Paragraph 5.b, of the Other Insurance Insured Provision: Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the Any "employee"of yours is an"insured"while using following; a;covered "auto" you don't own: hire or borrow in your business or your personal affairs. b.. For Hired Auto Physical Damage Coverage, C. Blanket Additional ensured the following are deemed to be covered "autos✓"you own: The following is added to the SECTION II — (1) Any covered "auto"you lease, hire, rent LIABILITY COVERAGE;Paragraph A.1.Who Is An insured Plovision: or borrow; and • (2) .Any covered "auto" hired or rented by .Any person or organization that you are required to your"employee' under a contract in that Include as en additional insured on :this coverage individual "employee's" name, with your form in a contract.or agreement that is executed by nrr ion while. performing duties you before, the "bodily injury" or "property damage" occurs is.an insurer" for liability Coverage,Out only related to the conduct of your.business. However, any "auto" that :is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only iu the. exleirl that person ur ur.yarricalion „ qualifies. as an '"insured" under the Who Is An not a covered au{o". Insured provision' contained: in SECTION II — 1=. Fellow Employee Coverage LIABILITY COVEt7AGE, SECTION II — LIABILITY COVERAGE, Exclusion The.insurance provided to the additional insured will B:5, does not apply if you have workers be on'a primary_and non-contributory Oasis to the compensation insurance in farce covering all of your additional insuref_l's own bLlsines5 auto coverage if emproyees, you are required to do so in a contract or agreement O. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or. "property damage"occurs. SECTION III —PHYSICAL DAMAG:E COVERAGE, D. Blanket Waiver Of Subrogation 'C. Limit Of Insurance, is amended by the addition Of'the following: The following is added to the SECTION IV — In the_ event of a.total "loss" to. .a covered "auto" BUSINESS AUTO CONDITIONS, A, Loss Conditions, S: Transfer Of Rights Of ReaoV2ry •sho,^✓n in the Schedule of Declarations, we will pay :Against Others To lis: any unpaid amount due on ths:lease or loan for a -covered"aute", less. PPA SOO 03 11 • Named Insured: Nichds Consulting Engineers,CHTD Policy Number: PSW0001955 WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) 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 engaged in the work described in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation premium otherwise due on such remuneration. • Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement,provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement 040 N E Collaboration.Commitment.Confidence vil j, LETTER OF TRANSMITTAL Date: 11/29/2022 From: Vivek Jha To: Charles P. McClendon Subject: Agreement for Design Of: City of Cathedral City Professional Services - NCE Address: 68700 Avenida Lalo Guerrero City/State/ZIP: Cathedral City, CA 92234 Telephone: (760) 770-0387 NCE Project #: 1261.01.30 Z The following items are enclosed and are sent via: ® FedEx ❑ hand-delivered ❑ Prints/Plans ❑ Specifications ❑ Exhibits ❑ Reports ❑ Estimates ® Agreements ❑ Maps ❑ Progress Payment ❑ Proposals ❑x Other: Insurance Certificate If the enclosures are not as noted below, kindly notify us at once. DESCRIPTION I DATED COPIES Agreement for Design Professional Services - NCE 11/2022 1 Insurance Certificate 11/2022 1 I ® Per your request ❑ For review & comment ❑ For review & signature ❑ For your information ❑ Approved as submitted ❑ Approved as noted ❑ Other: Remarks: Wet signature - notarized Signed: / - _ vt L :is AI.- e, Administration cc: Assistant Richmond,CA 501 Canal Boulevard, Suite I Richmond, CA 94804 (510)215-3620 Engineering&Environmental Services www.ncenet.com