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HomeMy WebLinkAboutContract 1719 ( H AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND David Evans and Associates, Inc. This Agreement for Design Professional Services ("Agreement") is entered into as of June 14, 2017 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and David Evans and Associates, Inc., a corporation ("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 landscape architectural and 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 12 months 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 Three Hundred Ninety Seven Thousand, Two Thousand Sixty Three dollars ($397,263.00), 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 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. - 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 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 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, 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 - 6 - 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) 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. - 7 - (b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 16. INSURANCE. Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and 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 - 8 - 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. 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, 9 - 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 To Design Professional: David Evans and Associates, Inc. Attn: Chris Giannini, PLA 4287, Vice-President 4141 E. Inland Empire Boulevard, Suite 250 Ontario, CA 91764 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. - 10 - SECTION 26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. 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 David Ev• .nd ssociates, Inc. harles P. McClendon Chris 6iaefti- a,.,,,,,n t City Manager PLA 4287 Vice President ATTEST: .�• 11 /7 V s'c.c Pre s,'d i n t 41111114. 967"-AMMILA-..... Gary . Howell City Clerk APPROVED AS T 6 FO 127 / Eric S. Vail City Attorney - 12 - 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. iRti;:..•:+A.�Y(F✓+:t;. J..,x..;..{qu.::r."x ..uiN�L,:"V:.` - 13 - 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 ) On ( f� , 20117 before me, 11.e..tcsa L. C. -t t, (1 o 4 u.t01. Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared s G Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the TF 11L•EsawR instrument. COMM.di 2183209 i I certify under PENALTY OF PERJURY under the laws of the ' NOV"PUSUC-QAUFOMNIA; tav-ar--J a� %%pli oPO.IR, rrr State of California that the foregoing paragraph is true and ""''Osaw ""t'''� ' correct. WITNESS my hand and official seal. C2/ViAld (2 eiCAZdCFL____ Signature o Notary Public 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 ) COUNTY OF RIVERSIDE ) On 6" l( , 201te? before me, `rh,e r'asaL L Eas+ n o Qui Date Na a And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared 11-‹ M . R hud s Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the 2 R Z instrument. N NOTN"'Pueuc'waroara; I certify under PENALTY OF PERJURY under the laws of.the z TM Fib.aysa + State of California that the foregoing paragraph is true acid correct. WITNESS my hand and official seal. 1ti Signature of Notary Public 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 See attached Scope of Services David Evans and Associates, Inc. A-1 D D 0 DAVID EVANS ANn ASSOCIATES INc SCOPE OF SERVICES PROGRAMMING PHASE Task 1 — Kick Off Meeting I Site Assessment The DEA project team will meet with the City of Cathedral City staff to begin preparations for the design and implementation of the Cathedral City Commons Heritage Park Outdoor Amphitheater. This meeting will serve as an opportunity to acquire relative input about the project area from various city departments including grant guidelines for implementation, in addition to identifying key contacts. This meeting will also provide a review of the scope of services, including potential phasing, analysis, planning, design, infrastructure needs, maintenance, construction scheduling and budget. The DEA project team will accompany city staff to perform a field assessment to verify existing site conditions and discuss key aspects of the project including, but not limited to, placement and desired features of the amphitheater, environmental aspects of the site (topography, sun orientation, noise, glare, proximity of streets and surrounding structures), site circulation (including proposed walking trails), parking needs, storage, site access (via Sunline Transit, Uber, Lyft, etc.), lighting, security, safety, managing inclement weather, and maintenance. The team will discuss how the amphitheater relates to its existing and planned environment within the Civic Center campus. Task 2—Topographic Survey Survey Control: Horizontal survey datum will be NAD '83(CORS). Vertical Control will be based on NAVD '88, or the City Bench datum. GPS will be utilized to establish the horizontal and vertical components. At least two control points will be set to be used for construction survey. Design Field Topography: Design level topographic surveys will be performed within the project area. Survey data for critical tie-in points, curb and gutter, flowlines, edge of pavement, drive approach and wall (north of the site), walks, surface visible utilities, irrigation boxes, backflows, fences, gates, drainage structures with inverts, signals, signs, driveways, H/C ramps, water mains, sewer manholes and inverts, light standards, above ground vents, building corners and finish floor elevations, concrete slabs and trees greater than 6" diameter. The adjacent parking structure will also be scanned for use in site evaluation and design. Centerline and Right of Way: Existing centerline monuments will be tied into the horizontal survey control established for this project. The centerline and right of way limits will be plotted only within the limits of the project. This scope does not include a boundary survey. Found monuments (if any) will be noted, but no monuments will be set as that would require the filing of a Record of Survey. Utility Mapping: Utility research is not included in this scope. However, any utilities marked within the project area will be collected by the survey crew. Subsurface utilities that are not marked on the surface or surface visible will not be shown. Base Mapping: Base mapping will be prepared in AutoCAD format. D O DAVID EVANS ANIASSOCIATES iNr Items Excluded from this Project The following items are not included in this scope of services: • Boundary Survey or plotting of easements. • Legal descriptions and plats, Record of Survey, Lot Line Adjustment, Corner Records or filing of Maps. Temporary Construction Easements (if any) will be on a time and material basis. • Setting of monuments or staking. • Potholing or boring. • Permits. Deliverables: Topographic Field Survey plotted in AutoCAD format; Digital Terrain Model for project area; Hard Copies of survey field notes and photos. Task 3 — Project Team Meetings The DEA team will meet with the City once per month during the design phase of the project (anticipated at 6 months). This task also includes time for team conference calls and coordination with affected utility companies including SCE, So. California Gas Company, Frontier, Spectrum, and DWA. Deliverables:Attendance at six(6) meetings with City staff including coordination with affected utility companies. This task also includes hours for the Project Manager and Engineer to participate in conference calls between team members and/or with City staff for the duration of the design phase of work. SCHEMATIC DESIGN PHASE Task 4— Community Meetings/ Design Charrettes Based on the responses to questions, the City anticipates the following outreach meetings during the design process: Stakeholder/Artist/Outreach Meeting This meeting will serve to engage local artists and performing artist groups to obtain input on how they would envision utilizing the space. Early collaboration will help to ensure that all possible design opportunities have been addressed well in advance of project completion. General Community Meeting This meeting will engage residents, stakeholders and City leadership - allowing design input prior to the preparation of final construction plans. Parks Commission Presentation This meeting will allow the design team to present design concepts that were based upon community engagement. The commission will have a better understanding of the overall outreach process and input provided to date, thus allowing further feedback regarding the design and implementation of the project. D D 0 DAVID EVANS ANn ASSOCIATES INC City Council Study Session Presentation This meeting will allow for input from the City Council following the Parks Commission presentation. Deliverables:Attendance at 4 meetings as described above including the preparation of plans and imagery necessary to convey the design intent. At a minimum, the meetings will be attended by the project manager and architect and in some instances, the theater manager. Task 5—Schematic Design The DEA team will provide a schematic design plan that will incorporate the concepts and discoveries found as a result of the evaluation process and community meetings. The conceptual plan will provide detailed locations and layout of the amphitheater stage and seating area, associated site features including the play area, site amenities, fencing, lighting, signage, pedestrian and vehicular circulation, restrooms, and parking. Amphitheater/ building elevations and sections will be provided as well as overall adjustments and refinements to the remainder of the site improvements. The conceptual plan will be overlaid upon the topographic map and respective engineering base sheet. Upon review and comment by the City, the project team will revise the conceptual plan and submit for approval prior to commencing work on the final construction documents. Task 6— Preliminary Cost Estimates DEA will prepare a preliminary cost estimate for the approved conceptual plan. Task 7 - Traffic/Parking Analysis DEA will prepare a Traffic Study report for the proposed Outdoor Amphitheater project. The traffic study will address the specific project traffic impacts, a parking analysis, and address transit, pedestrian, NEV, and bicycle access. The analysis will be based on available traffic and parking data provided by the City from the original Traffic Study prepared for the existing downtown development. It is our understanding that the existing parking structure could have adequate capacity to accommodate the anticipated uses/events at the proposed amphitheater. This would especially apply since the majority of the amphitheater uses/events would occur off peak from the other uses in the downtown area that utilize the parking structure. The Traffic Study will include discussions on the anticipated traffic and parking conditions, and present any necessary traffic and parking recommendations for the project. The recommendations outlined in the report will used for the preparation of the Conceptual Circulation Plans for City input. Our scope and fee presented does not include any specific traffic capacity analysis calculations and is based on the availability of existing traffic studies for the existing downtown project that addresses the traffic impacts and parking demand. Task 8— Conceptual Circulation Plan DEA will prepare Preliminary Circulation Plan for the project, which will present our recommendations for the access at and to the site for vehicular site access, parking and ADA access, including pick-up and drop off areas, transit/bus stops, pedestrian, and bicycle access. The Circulation Plan will be prepared for both on and off-site access, including access to the existing parking structure, and any modifications to the existing street and parking improvements along Avenue Lalo Guerrero along the southern boundary of the project site. The circulation plan/geometrics will be based on the recommendations presented in the Traffic qv 0 DAVID EVANS ANnASSOCIATES !Nr. Study. The proposed geometric designs will include, but not limited to, Green Street/LID measures, crosswalk enhancements, transit/bus stop facilities, bike lanes, and pedestrian/ADA facilities. The conceptual circulation/geometric designs will conform to applicable City of Cathedral City Design Guidelines, Green Streets Manual, California Manual of Uniform Traffic Control Devices (CAMUCTD), the City General Plan, and ADA Standards. DESIGN DEVELOPMENT PHASE Design development plans will be a progressive refinement of the schematic drawings in preparation for final construction documents. CONSTRUCTION DOCUMENTS The following tasks shown below include each anticipated plan to be provided at the conclusion of the construction document phase. We are showing these herewith to provide a description of each plan. Task 12 - Precise Grading, Paving and Drainage Plan DEA will prepare a precise grading, paving and drainage plan for the project area depicting existing and proposed contours, amphitheater grading, parking areas, top of curb elevations, drainage patterns, typical cross sections, existing and proposed utilities and proposed civil related improvements including pavement, curb and gutter, valley gutters, hardscape, flatwork and handicap ramps for the project site. The plan will consider ADA requirements for accessibility both onto and throughout the project site. This plan will also specify any necessary drainage improvements on-site such as storm drain, inlet/outlet design and post construction Best Management Practices such as drywells, bio- retention basins and infiltration swales/trenches in order to minimally impact the existing conditions while accomplishing proper water conveyance and water quality. Task 13 - Hydrology Study DEA will prepare a hydrologic and hydraulic study for approximately 2.51-acres of watershed based on Riverside County Flood Control standards and specifications. A rational method analysis of the site will be performed addressing the 10-year and 100-year storm events. The rational analysis will determine surface flow and serve as the basis for sizing on-site storm drain pipes, catch basin inlets and infiltration swales, trenches. Sizing for any on-site drywells will be completed using Riverside County's standard volume/flow based BMP's criteria for the purpose of intercepting any nuisance/first flush flows. Hydrologic calculations will be performed using CivilD software and hydraulic calculations for sizing catch basins and infiltration swales/trenches will be performed using Flowmaster software. DEA will submit the study to Cathedral City for review and approval at 60%, 90% and 100% report completion. Task 14— Erosion Control Plan DEA will prepare a 1" = 20' scale Erosion Control Plan for the project area depicting temporary Best Management Practices (BMPs) and other measures needed to prevent erosion of graded slopes, swales and pads. D x Q DAVID EVANS ANnASSOCIATES iNr Task 15— Utility Improvement Plan DEA will prepare a utility improvement plan for sewer and domestic water line with intent for connection to the proposed green/storage room. The plan will depict sewer pipe, sewer cleanouts, sewer invert elevations, water pipe, service lateral/meter and trench details. DEA will coordinate with the architect to determine the point of connection for the sanitary sewer and domestic water service to the proposed amphitheater building as well as the size of the sanitary sewer and domestic water lines required to serve the number of fixture units. DEA anticipates 1 point of connection for each utility to the amphitheater building. The system will be designed to within 5' of the building. The utility improvement plan will be prepared in plan view only. DEA assumes that adequate water distribution and sanitary sewer infrastructure is available. Task 16 - Horizontal Control, Signing and Striping Plan DEA will prepare a horizontal control and signing / striping plan for the Cathedral City Commons Heritage Park Outdoor Amphitheater project depicting a basis of bearing, dimensions and control for proposed pertinent site features, parking and access circulation, striping layout, ADA access path to adjacent public right-of-way or street, in addition to parking and ADA signing details. Task 17— Dust Control Plan (PM-10 Report) DEA will prepare a PK() Plan containing measures that can be incorporated into the grading plan and otherwise implemented to reduce fugitive dust emissions associated with construction and post-construction activities. The PK() Plan will incorporate measures approved by the City of Cathedral City. Task 18 —Water Quality Management Plan (WQMP) DEA will prepare a Water Quality Management Plan for approximately 2.51 acres to comply with the standards set forth by the Regional Water Quality Control Board. The Water Quality Management Plan will outline structural and non-structural Best Management Practices (BMP's) and maintenance practices that will prevent pollutants from impacting downstream water courses. Based on site soil characteristics, BMP's could include infiltration swales/trenches, pervious asphalt/concrete, drywells and retention/detention basins. DEA will submit report and plan to the City of Cathedral City for review and approval at 60% and 100% plan completion. Task 19 — Demolition Plan DEA will prepare a demolition plan indicating those items, utilities or paving above, below or on grade, which will be impacted by the proposed site improvements, therefore removed, as well as any additional features which will be protected in place. The plan will utilize the site plan, field survey and as-built record information obtained from the local agency to determine limits of removal. Task 20—Site Plan DEA landscape architects will provide a site plan for the proposed items of construction. This plan will designate features of the proposed project including placement, detail references, material and manufacturer callouts, general construction notes, and specific elements of the overall design which are necessary for the proper construction of proposed items noted in the project understanding. 0 0 DAVID EVANS Ana)ASSOCIATES INC Task 21 - Construction Details DEA will prepare construction details for the proposed site features such as concrete paving / finish, asphalt paving, decomposed granite paving, play equipment and surfacing, prefabricated shade shelter (if applicable / structural calculations by manufacturer), fencing, concrete curbs, signage and entry promenade appurtenances. Task 22— Irrigation Plans The irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the proposed amphitheater site. The plans will indicate the point of connection(s) based upon agency requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. DEA will coordinate with DWA for review and approval. Effective January 2010, the State of California implemented a water ordinance (AB 1881) and therefore many requirements are being requested from both the State and local agencies. We anticipate providing the following information: • Prepare water usage calculations (MAWA and ETWU) based on the new water ordinance. • Provide water efficient landscape worksheet and hydrozone table for each remote control valve per new ordinance (water use category, area served in s.f., controller number, valve size and flow). • Obtain horticultural soils report (Agronomic data) based on soil samples obtained from site by DEA. Report to be provided by Waypoint Analytical (formerly Soil and Plant Laboratory) in Anaheim, CA. or equal. • Provide irrigation run time schedule per ordinance based on soil type. • Rain and wind sensors will be added per ordinance. • Statement note will be added regarding ordinance. • Add WUCOLS water use classifications for all plant material. The following items are not included at this time but can be provided in the future if desired: regular maintenance schedule, certificate of completion, and irrigation audit report following project completion. Task 23— Planting Plans The planting plan will indicate location of proposed trees, shrubs, ground cover, turf and inert materials. A planting legend will denote symbols, botanical and common names, size, quantities, and remarks. Planting notes and details will also be included. DEA understands the concern for water conservation and sustainability throughout the region and therefore will select materials appropriate for the project. The plant palette established will be of drought tolerant species with a focus on materials proven successful within the Coachella Valley and surrounding areas, and in accordance with criteria set forth by DWA and the Agricultural Commission. Tree species shall be non-invasive desert compatible with at least a 40-year lifespan. Task 24— Project Specifications and Bid Schedule Technical specifications will be prepared in the desired format for the proposed amphitheater development. These technical specifications will be provided in a "boiler plate" format and DEA will modify the document accordingly. DEA requests that the City provide the boiler plate D D DAVID EVANS Awl ASSOCIATES iNr information for general conditions, instructions to bidders, and special provisions which DEA will use to provide projects specific sections. A complete bid list of quantities will be provided indicating item descriptions and unit quantities. Task 25—Construction Cost Estimate The DEA team will provide an estimate of probable construction costs for the City of Cathedral City Commons Heritage Park Outdoor Amphitheater for the 60% and 90% submittal stages of preparation of the construction drawings. A detailed, line item estimate will be prepared for use as a guide in the final determination of items to be constructed under the allowed budget. BIDDING Task 26— Bid Assistance The DEA team will attend the pre-bid meeting with the potential contractors in addition to providing addenda, answering questions or providing clarifications to the construction documents. Project Exclusions: • Legal descriptions and plats, Record of Survey, Lot Line Adjustment, Corner Records or filing of Maps. • Utility potholing and/or boring. Documenting underground utility locations that are not part of the public utility records • Setting of monuments or construction staking • Re-design of previously approved documents • Meetings beyond what is noted in our scope of work and fee schedule • Preparation of SWPPP • Formal Review of Construction Submittals and/or substitutions for Items specified on the drawings • Bid Set Printing Costs • Reimbursable Costs Beyond Cost Noted in Fee Schedule • Permit Fees • Alternate Bid Packages / Phasing Plans • LEED Documentation, Credit Analysis or Credit Templates • Cal Green Commissioning • Load monitoring of existing electrical systems • Public street lighting (and structural pole base calculations), traffic control and offsite utilities • Application or documentation for rebate program(s) • Design of remedial electrical work where existing conditions are in violation of California Electric Code. • Fire Suppression, Data Cabling, Computer/server room equipment, security systems • Construction management services beyond bidding. • As-Built plans. • Design and implementation of any item not specifically noted in the scope of work above. IA INTERIOR INTERIOR DESIGN SCOPE OF SERVICES ARCHITECTS INTRODUCTION IA will provide full design and complete plans, specifications and preliminary cost estimates for an outdoor amphitheater, lighting, signage, public restroom and concession areas for the Heritage Park Project. SCOPE OF SERVICES I. Kick-Off In the kick-off meeting IA will determine with the designated representatives of Cathedral City (hereafter referred to as the CLIENT) the overall goals and objectives of the project. IA will, in coordination with the engineering team, determine with the CLIENT: ATLANTA a Key decision makers to facilitate a communication and sign-off plan. BOSTON • Cultural and organizational criteria that may affect project implementation. CHICAGO DALLAS • Potential changes to the existing environment. DINER • Confirm the design phase schedule identifying milestone critical path dates for completion of each sub-phase, building permit application dates and LONDON start of construction dates. LOS ANGELES II. Programming Validation Phase: NEW YORE: IA will meet with CLIENT's designated representatives to establish an understanding ORANGI COUNTY of current operations and objectives. IA, in coordination with DEA will: RALEIGH ■ Conduct programming interview meeting over one (1) day with stakeholders, including City and Police Department staff. Interviews will validate SAN FRANCISCO quantitative and qualitative components of the program requirements. Additional follow-up interviews will be considered an additional service. SEATTLE SILICON VALLEY • Confirm Amphitheater components identified in REP Scope of Services for each particular function, identifying the area (square footage) required for program calculations. ■ Determine specific requirements for special facilities such as (but not limited to) Green Room for artist / VIP Area, concessions, storage, box office / admissions, equipment areas, children's play area etc. 515 S. FIGUEROA STREET SUITE 2050 LOS ANGELES,CA 90071 • Identify and forecast future requirements for additional scope and/or 213.623.2164 213.623,2139 FAX phases. www.interiorarchitects.com IA INTERIOR ARCHITECTS GLOBAL ALI IANCL • Interior Architects,Inc,a Calilomia corporation in AL.AZ,CA DE,Hi IN,KS,KY,MA MN,MO,NE,NH,NM.OK,SC,IX,LIT,VA VT,WA Wi,SW/Interior Architects.PC,a New York prolesvonal corporation in AR.Ix,GA,ID,IA ME,MO,MS, MT,NV,NY,NG OH,OR PA/Interior Architects,P.C.dba Interior Architects,a professional corporation in RI/Interior Architects,Inc dba Interior Architect Inc in TN/Interior Architects New Jersey PC.a New Jersey professional corporation in NJ and CT/ Interior Architects,PC dba IA krlenor Architects in IL/Interior AreNlects,P.C,license#AA2600111362 in EL/Interior Architects,PC dba Anterior Architects,a professional corporation in LA![Nene,Architects,Inc,a Colorado corporation in CO and MI IA • Determine physical issues, community preferences and desires, zoning code NTERI i O P and applicable construction code requirements, community-noise H P c T E C T s equivalent measures or limitations, and other natural/built environment concerns. During this phase IA, in coordination with DEA, will also: • Field verify the proposed area for the amphitheater. • Prepare and provide a summary report of requirements appropriate for the commencement of blocking plans and obtain CLIENT's approval to proceed with the space planning phase. • Review and, if required, revise the design phase schedule identifying completion dates and milestone dates for critical CLIENT decisions. Programming Phase Deliverables: • Design Program summary, including an executive summary, recommendations and space requirements. • Due Diligence report. • Preliminary project design phase schedule, in conjunction with the other consultants, identifying design phase completion dates and critical CLIENT decision dates. II. Schematic Design Phase: Upon CLIENT's written approval of the program IA, in coordination with DEA will: ■ In conjunction with David Evans and Associates, Inc., IA will assist to support outreach /presentation activities as follows: ■ One (1) meeting to engage with local artists and performing artist's groups/entities in the local community on how they would envision utilizing the Commons Heritage Park Outdoor Amphitheater. The purpose of the meeting is to ensure outreach is done within the local arts community so that opportunities in design are identified, feedback on design concepts are received, and that the City minimizes the possibility of lost design opportunities after project is built. • One (1) meeting with the General Community to engage residents, stakeholders, and City leaders and review the design concepts. • One (1) presentation to the Parks Commission to discuss the design concepts progress and obtain further feedback. • Following the presentation to the Parks Commission, one (1) presentation to the City Council Study Session to discuss the design concepts progress and obtain further feedback. Interior Architects,Inc,a Calllorna corporation in Al A7,CA.Dr,HI,IN,KS,KY,MA MN,MQ.NI,NH,NM,OK SC,TX,UT,VA VT,WA,W,WV i Interior Aute u.PC,a New York professional corporation in AR,DC,CA,ID IA,MI.MO,MS, MT,NV,NY,NC.OH,OR,PA/Interior Architects,PC dba Intones Architects,a professional corpn,al on In RI/Intern.Architects,Inc dba Interior Arclxtec6 Ira a IN,Interior Aalntnds New Jersey PC a New Jersey professional corporation in NJ and CI I `s Intoner Architects,P,C dba IA Intoner Architects in IL/Interior Architects,PC.Hence aAA260011062 to FI/Inteno Architects.P C dba Interior Architects,a prolessiorne corporation in LA/Intenor Architects,Inc,a Colorado corporation in CO and MI IA N T E R 1 G R • Prepare an initial space plan layout and up to two (2) major revisions and one ARCHITFCTS (1) minor revision if required. A major revision is defined as 50% of the floor area, a minor revision is defined as 25% of the floor area. The space plan documentation will include: • Based on the information gathered during the outreach process, propose one (1) outdoor amphitheater and accessory areas concept including: main and side stages, shading structures, dressing area, green room, storage, temporary facilities, restrooms, concession areas, security, crowd management fencing and parking. • Preliminary selections for finishes, millwork and furniture, and furnishings. These will be illustrated through the use of brochures/cut-sheets, samples and/or photos of each item. • Present the proposed architectural design to the CLIENT. Make up to one (1) follow-up presentation to incorporate CLIENT's comments. Schematic Design Phase Deliverables: • Space plans illustrating outdoor amphitheater, main and side stages, shading structures, dressing area, green room, storage, temporary facilities, restrooms, and concession areas. • Preliminary selections for finishes, millwork and furniture, upholstery and furnishings. • Revit non-photorealistic 3D renderings for selected key areas. • Monitor and refine, if necessary, project design phase schedule and overall project probable cost summary. • Assist pre-construction services general contractor who will update project budget estimate, if applicable. IV. Design Development Phase: Upon CLIENT's written approval of the schematic design, IA will develop the architectural components of the space, for the selected alternative. IA, in coordination with DEA, will: ■ Refine the approved schematic plans. • Develop the three-dimensional architectural aspects of the space for outdoor amphitheater, main and side stages, shading structures, dressing area, green room, storage, temporary facilities, restrooms, concession areas, Interior Architects,inc,a Cahfornia corporation in AL.AZ,CA DE,it IN,KS.KY,MA MN,MO,NE.NH,NM,OK SC,TX,UT,VA,Vi,WA,WI,WV/Interim Architects,P.C.a New York professioral corporation in AR,DC,GA ID,IA,MI,MD,MS, MI,NV,NY,NC,OH,OR.PA/Interior,'ahtects,P.C.dba Interior Architects,a professional corporation In RI/Interim ArchileUo,Inc dba interior Architect Inc in TN/Interior Architects New jersey PC,a New Jersey Fnoles9onal corporation ill NI and Cr Interior Architects,PC dba IA Interim Wchtterts In II/Intern Arehrtects.PC.,license#A,260311 W2 in FL/interior Architects,PC dba Intenor Architects,a professional corporation in LA/Interior Architects,Inc.a Colorado io,i,o ation in CO and MI IA security, crowd management fencing and parking. The proposed treatment INTERIOR will be illustrated through the use of plans and elevations of the key areas. ARCHITECTS • Refine the selected scheme for the proposed finishes, millwork and furniture, upholstery and furnishings. • Develop the lighting, electrical power and voice/data device plans for all the areas included in the design as required. IA will select and provide alternatives for the lighting fixtures in compliance with Title-24 requirements and will explore the possibility of adopting solar lighting. • Provide considerations and develop security and pathway lighting • Present the proposed architectural design to the CLIENT. Make up to one (1) follow-up revision and presentation to incorporate CLIENT's comments. • Review and update the project design phase schedule to reflect progress to date and any changed conditions. Design Development Phase Deliverables: • Design development floor plans, furniture plans, reflected ceiling plans, voice/data and electrical device plans and elevations based upon approved design. • Selected Material, Fixtures and Finish samples. • Updated Revit non-photorealistic 3D renderings for selected key areas. * Monitor and refine, as necessary, project design phase schedule. V. Contract Documents Phase: Upon CLIENT's approval of the design development package, IA will prepare contract documents consisting of the following: • New partition plans showing the layout of partitions and built-in casework. • Elevations and sections for all major architectural elements. • Power and device plans showing outlet box locations, coordinated with the approved space plans. • Reflected ceiling plans showing standard and special lighting coordinated with other ceiling elements. • Finish plans identifying the finish materials for walls, floors and ceilings and their respective applications throughout the space. Interior Architects,I,,,,a California corporation in AL,AZ,CA,DE,HI.IN,KS,KY..MA MN,MO,NE,NH,NM,OK SC.TX,UT,VA,VT,WA Wi,WV/Interior Architects,P.C.a New York professional corporation in AR DC,6q ID,IA,ME,MD,MS, MT,NV,NY,NC,01 I,OR,PA/Interior Ardv sects,P.C.dba Inlenor Architects,a professorial corporation in RI/Interior Architects,Inc dba Interior Archtect,ire in IN/Interior Architects New Jersey PC.,a New Jersey professional cogxAalion In NI and CT/ Inlenor Architects,P.0 dba IA Interior Architects In II/Interior Architects.P.C.license#AA260011062 in f t/Interior Arch sects,Pot dba Inlenor Architects,a professional corporation in LA/Interior Architects,Inc,a Colorado corporation in CO and MI IA • Furniture plans with symbols and legends identifying and locating each item INTERIOR of new furniture in the space. AR HIIECIS • Based on the selected option, finalize the creative signage package. • Provide backgrounds to, the mechanical, electrical, plumbing and fire protection consultants as well as all other professional consultants engaged for the project. • Submit a 75% progress set for CLIENT for review. • Advice on long-term maintenance cost and sustainability for the project. • Submission of 100%construction drawings for CLIENT and landlord review. Contract Documents Phase Deliverables: • Plans and specifications including partition plan(s), power and device plan(s), reflected ceiling plan(s), finish plans, enlarged plans, interior elevations and details for bid, permit and construction. • Revisions to contract documents based upon consultant coordination, CLIENT review and local permitting authorities. VI. Bid and Permit Phase: Upon CLIENT approval of the contract documents, IA will provide services as follows; • Assist in development of pre-qualified list of general contractors as acceptable to CLIENT and to IA. • Prepare and Issue contract documents to include drawings and specifications together with Instructions to bidders directions as prepared by IA to be sent to accepted list of pre-qualified general contractors. • Respond to questions from bidders during bid period. • Prepare an addendum of additional information to address within the contract documents the respective responses to collective questions from the bidders, if determined necessary to the content of the contract documents. • Respond to questions and/or comments as returned by the plan reviewers who review the plans submitted for permit application. Interior Architects,Inc,a California corporation in AL,AZ CA,DE,HI,IN,KS,Cl'.MA MN,MO,NE,NH,NM,OK,SC TX,W.VA,VT,WA,WI,WJ/Interior Architects,P.C.a New York professional corporation Sr AR,DC,GA ID,IA,Mr,MD,MS, MI,NV.NY,NC,OH.OR,PA/Interior Ardrtecls,PC dha Intedn,Architects,a professional corporation in RI/Interior Architects,Inc dba IMonor Architect,Inc in TN/Iraenor Architects New Jersey PC,a New Jersey professional corporation in NJ and CT/ Interior ArcHlects,1'.0 dt,a IA Interior Architects In IL!Interior Arohilects,P.C.license AAA260011062 in TL/Interior Architects,P.0 dba Interior Architects,a professional corporation in LA/Interior Architects,Inc,a Colorado corporation,o CO and MI IA Bid and Permit phase Deliverables: INTERIOR R C H I'E C T S • Stamped/sealed contract documents for permit application. • Instructions to bidders and associated documents that will accompany contract documents sent to pre-qualified list of general contractors. • Addendum to contract documents, if required, by either bidders questions and/or plans reviewers questions/comments. ADDITIONAL DESIGN SERVICES (Fee not included at this time) IA is prepared to provide Additional Design Services, as required, to be performed upon written authorization by CLIENT, including: • Selection, documentation and/or coordination of artwork including framing and installation. • Modifications to IA's corporate standard CADD layering and symbols system to suit a CLIENT's particular CADD system or standards will be addressed as an Additional Service, unless those requirements are identified when preparing our fees (incorporation of updated CLIENT-furnished CADD files after we have begun Construction documents will also be addressed as an Additional Service). • Creation of as-built drawings. • 3D sketch-up and photo realistic renderings. • Design, selection, documentation and/or coordination of graphic programs such logos, public relations and display materials. • Selection, documentation and coordination of accessory items such as conference server sets, kitchen utensils, dining service and general office accessories such as desk pads, waste baskets, in/out trays, etc. • Design and documentation of custom lighting, furniture, carpet and signage. • 3D Virtual Reality. • Preparation of Meeting Minutes. • Construction Administration, including: • Attendance at scheduled construction progress meetings held on site and chaired by general contractor. Interior Aa<Ntects,Inc,a California corporation in Al.,A7,CA DE,HI,IN..KS.KY,MA MN.MO,NE.Nit NM OK SC.TX.UT,VA.VT.WA WI,WV/ Archlects,P.C.,a New York professional corporation in AR,DC,Cl ID,IA ME,MD,MS. MT.NV,NY,NC OH,OR,PA/Inlenor Architects,P,C dba Interior Architect,a prolesowral corporation in RI/Interior Architects.Inc dba Interior Architect tee ur TN/Interior Architects New Jersey PC,a New Jersey professional caporalion in NJ and CI/ Iraenor Architects,P,C dba IA triter*.Architects in ILA Interior Architects,PC.,Ikense aAA260011062 In 0/Interior Architects,PC dba Interior Architect,a professionai corporation in iA/Inferior Architects,Inc,a Cokorado corporation In CO and MI IA • Observation of construction to be in accordance to the design N T EIR 0 R intent of IA's contract documents. ARCH"TES TS • Clarification addenda, bulletins, as required by as-built field conditions, concealed conditions, permitting authorities, engineering coordination, CLIENT and changes. • Review, processing of architectural and multi-discipline shop drawings. • Conduct walk-through to identify deficient items and record in a punch list to be submitted to general contractor. • Provide record architectural drawings reflecting addenda and bulletins issued during construction. General Contractor shall use these drawings to prepare for the CLIENT, construction as-built drawings. • A change in the original scope of services or additional work requested, as well as any rework of, or change, in previously approved work. • Follow-up with selected vendor/dealer to confirm order placement and lead-time • LEED design certification. • Other services related to the project but not specifically included under the outlined Scope of Services included in this proposal. CLARIFICATIONS AND ASSUMPTIONS • Planning Department public hearing preparation and attendance provided on an hourly basis. • The project will be a developed as a single and/or continuous design and implementation process. • Reimbursables do not include permit and plan check.The CLIENT will be directly responsible for payment of permit and plan check to the City. Should the CLIENT request IA pay permit or plan check fee's on their behalf, there will be a 10% processing fee and the overall project fee will be increased accordingly; • Existing furniture and file inventory, specifications of new furniture, and move coordination will be by provided by others. IA will show a general layout of furniture for engineering and construction coordination. Interior Architects,Inc,a California corporation in Al,A7,CA DE,Ill,IN,KS,KV,MA,MN,MO,NE,Nit NM.OK,SC,TX,UT,VA VT,WA,WI,WV/Interior Architects,PC,a New York professional corporation in AR DC,GA ID,IA,MI,MD,MS, MT,NV,NY.NC,OH,OR PA/Interior Architects,P C dha Interior Architects,a professional corporation in RI/Interior Architects.Inc Aho Interior Architect,Inc in IN/Interior Architects New Jersey PC,a New Jersey profesaonal r rporatwn in NJ and CI/ Interior Architects.I'C dba IA Interior Architects in IL/Interior Architects,PC,kerne MA260311062 in II/to tenor Architects.PC dha Irxerior Architects,a professional corporation in LA/triter:.Architects,Inc,a Colorado corporation in CO and MI IA • Existing as-built CAD backgrounds for site plan are available for IA's use INTERIOR prior to start of work. ARCHITECTS • Existing ADA path of travel drawings for the areas included in the project will be provided by the CLIENT, which will be stamped and signed by the path of travel Architect of Record. If Path of Travel drawings are not available, IA can provide this deliverable as an additional service. • CLIENT will designate a representative who is able to provide clear direction, render decisions and provide information in a timely fashion allowing the Project to precede in general conformance to the proposed design phase project schedule leading up to building permit submittal. • Integrated Project Delivery and Building Information Model can be provided as an additional service. • The programming interviews will be scheduled by the CLIENT's representative and be organized in a back-to-back manner over a one day period with access to the existing space. • CLIENT's organizational charts and telephone directories will be available for IA's use. • Future programming requirements are based on estimated square footage projections, accuracy therefore is imprecise. IA's methodology for translating programming requirements to fit planning is approximate but as accurate as possible with the information available to us at this time. • Modifications to the program after delivery and acceptance by the CLIENT will result in additional service fees. • Drawings will be prepared using IA's corporate standard drawing templates including CAD layering and symbols which are loosely based on the AIA's National CAD Standards. • Access to the Project site is readily available. • IA will provide electronic documentation of record drawings which include IA's addenda and bulletins in 2017 AutoCAD Architecture format at the conclusion of the Project. General Contractor shall use IA's record drawings in the preparation of as- built construction drawings documenting contractor changes made during construction. • The final drawings will be produced electronically in AutoCAD and PDF format Interior Architects,Ince a California corpaaF n In At.AZ CA,OE I-il,IN KS,KY,MA MN,MO,NE NH,NM,OK SC T7 UT.VA VI,WA WE WV!Interior Arehlects,P.C.a New York professional corporation in AR,DC,GA ID,IA Mt MD,MS, MT,NV,NY,NC,OH,OR,PA!Interior Architects,P C.dba Interior Architects a professiorkal corporatio h RI,Interior NchlrCY Ira dba Intenor ArhtetiL Inc or TN/Interior Architects New Jersey PC.a New fcrsev professional corporation in NI and CI! ' Intenor Architects,P.0 dba IA Interior ArcMects in IL!Intenor Architects P.C.license CI 260011061 in(t/Intenor Architects.P.C.dba Intenor Architects,a professional corporation trl LA/Interior Architects,Inc,a Colorado corporation in CO and MI IA ■ IA will post drawings and specifications to local printing vendor's file transfer INT [ F. O R protocol site (for example ARC or similar)to facilitate electronic transfer of ARCHITECTS drawing files and hard copy print requests. All printing and electronic file transfer costs shall be the responsibility of parties requesting prints and /or files from the printing vendor. • City review and approval of Contract Documents shall be completed prior to Building Permit application to local jurisdiction. • IA shall have no responsibility for the discovery, removal, handling, disposal of, or exposure of persons to hazardous materials, substances, and wastes in any form at the Project site, including but not limited to mold, asbestos, PCB or other toxic substances. The CLIENT shall retain an independent consultant who is trained and experienced in identification and survey of existing sites prior to start of demolition. Interior Architects,Inc.a Californiacorporation in AL,AZ,CA DE.HI,IN,KS,KY,MA MN,MO,NE,NH,NM,OK SC,TX UT,VA VT,WA,WI,WV/Interior Architects,P C.a New York professional corporation in AP,DC.GA,ID,IA ME,MD,MS. MT,NV,NY,NC.OH,OR,PA/Interior Architects,PC dba Interior Architects,a professional corporation In RI/Interior Architects,Inc Aha Interior Architect.IrK in TN/Interior Architects New lorry PC.a New Jersey professional corporation e NI and CT/ Interio,Architects,PC dha IA Interior Architects in IL/interior Archtects,PC,license$AA2G0011062 in FL!Interior Architects,PC dba Interior Architects,a professional corporation in LA/Interior Architects,Inc,a Colorado corporation in CO and MI IA LIGHTING SCOPE OF SERVICE IN - EPiOR A P C H I"E T S Design Development • Attend conceptual Design conferences via Lync or other virtual meeting platform. • Outline lighting performance criteria. • Review, assess, and offer feedback to the lighting budgets.Assist in the development of a budget as required. If a budget is not provided to IA in any given phase,then IA cannot be held responsible for overages in the lighting costs developed prior to receipt of official budgets. • Develop lighting design concepts considering finishes, architectural constraints, architectural theme, special needs of audience members and performers, atmosphere, etc. • Prepare specifications for new lighting fixtures where required; this work shall be comprised of a lighting fixture schedule with model numbers for primary and alternate manufacturers to facilitate competitive pricing, details for any non-standard lighting fixtures and catalog cuts for standard lighting fixtures with clarifying sketches as required for modified-standard lighting fixtures. • Finalize placement of light fixtures prior to the beginning of Construction Documents phase. • Coordinate with related Team Consultants (Mechanical, Electrical, Plumbing, Fire-Protection, Audio/Visual, Foodservice, etc.) as may be required. • Study potential schemes for mounting systems for temporary theatrical lighting provided by others (performance companies, equipment rental agencies, etc). • Develop potential schemes for a user-friendly pre-focused theatrical lighting system. Construction Documents • Working under the Design Team direct supervision, make final design and cost-related adjustments. • Finalize lighting specifications package. • Assist the Design Team with completion of drawing documentation and coordinate with the Design Team during the preparation of the architectural and electrical working drawings. • All final documentation will be incorporated by the Architect and/or Consulting Engineer into their contract documents, as a coordinated package of information. • Coordinate with the Consulting Engineer regarding their requirements for using specified lighting fixtures for Emergency Lighting. Electrical Engineer will provide their requirements no later than 3 weeks prior to documentation due-date. Interior Architects,Ir,,a California corporation kr AL,AZ,CA,DE.H1 IN,KS,KY,MA MN,MO,NE.NH,NM,OK,SC,TX UT,VA VT,WA,WT WV/Intenor Architects,P,C,a New York prolessiorwl corporation In AR,DC,GA ID,IA,ME,MD,MS, MT,NV,NY,NC,Olt OR,PA;Interior Ar,Ice;Is,P.0 dba Interior Architects,a professional corporation In RI/role•.for Architecth e dba Intenor Arduted.Inc in IN/Woo:Aichiteds New Jersey PC:a New Jersey professional corporation in NI and CI/ Intenor Ardrtects PL.dba IA kterror Architects in II/Interior Architects,PC,license RAA2600110R2 In FL/Interior Architects.PC dba Interior ArcAtecis,a professional corporation in IA/Interior Architects,Inc,a Colorado corporation in CO arid MI GEOCON W E S T, I N C. GEOTECHNICAL ■ ENVIRONMENTALMATERIALS Proposal No. IE- 1904 April 25,2017 REVISED May 31,2017 Mr. Chris Giannini David Evans Associates,Inc. 4141 East Inland Empire Boulevard, Suite 250 Ontario, California 91764 Subject: PROPOSAL FOR GEOTECHNICAL INVESTIGATION & PERCOLATION TESTING CATHEDRAL CITY COMMONS HERITAGE PARK OUTDOOR AMPHITHEATER CATHEDRAL CITY, CALIFORNIA Dear Mr. Giannini: In accordance with your request, Geocon West, Inc. (Geocon) is pleased to submit this proposal to perform a geotechnical investigation and percolation testing once site design has been developed for the Cathedral City Commons Heritage Park Outdoor Amphitheater in Cathedral City, California. This proposal has been prepared based the project information provided in the Request for Proposals, our discussion with you, our brief geologic review of the site and vicinity, and our experience with similar projects. PROJECT UNDERSTANDING The amphitheater project is anticipated to include an interactive outdoor amphitheater with other possible amenities such as a play area, restroom building, and back of house structures for the amphitheater. The Heritage Park site is a 2.51 acre lot located northeast of Cathedral Canyon Drive and Avenida Lalo Guerrero. The project has a limited budget. Therefore,we are providing scope and fee for an initial low- cost geotechnical input for initial project design followed by a geotechnical investigation to determine site specific design parameters once design elements are finalized. Based on our experience near the site we anticipate the site is underlain by surficial undocumented fill over alluvial deposits emanating from the hills to the south. The sediments are anticipated to be inter-layered silty to clean sands with gravel, cobbles, and occasional boulders. We anticipate groundwater is more than 50 feet beneath the site. The site is not located within a State or County Fault Hazard Zone. SCOPE OF SERVICES Once the project design is determined, we would perform a geotechnical investigation and conduct percolation testing within the site to prepare a site specific geotechnical report providing geotechnical parameters for structural design and site earthwork for the project. Based on the discussion above, our scope of services will include the following: 78-075 Main Street #G-203■ La Quinta,California 92253 ■Telephone 760.565.2002• Fax 951.304.2392 • Mark the proposed excavation locations, and notify Underground Service Alert (USA) to locate and mark all utilities in the proposed investigation area. The Client should provide plans or field locations of existing subsurface utilities and subsurface irrigation lines prior to our exploration. • Excavate three small-diameter geotechnical borings to depths of 25 and 50 feet (or practical refusal). The borings will be geologically logged in accordance with USCS classification system. We will collect disturbed and relatively undisturbed soils samples from the borings. Upon completion, two borings will be loosely backfilled with native soil cuttings. We have assumed the extra cuttings can be spread on the site and will not have to be drummed and removed. • Excavate two percolation test borings and conduct percolation testing in accordance with Riverside County Flood Control and Water Conservation District's LID BMP Handbook (Appendix A). Percolation rates will be converted to infiltration rates by the Porchet Method. • Perform laboratory tests on the soils encountered,which is anticipated to include in-situ moisture content and dry density, grain size distribution, corrosion screening, R-value, direct shear, consolidation, sand equivalent, and maximum density and optimum moisture content. The final laboratory testing program will be based on our observations during field exploration. • Prepare a written report presenting our findings, conclusions, and recommendations regarding the proposed site development in accordance with the 2016 California Building Code. The report will include allowable bearing pressure, lateral earth pressures, coefficient of friction, in-situ soil density, shrink/bulk factors, site preparation and construction recommendations, corrosion screening, pavement section recommendations, and seismic design parameters. Our report will also include exploration logs, groundwater measurement data (if encountered), percolation test data and infiltration rates, locations of the exploratory excavations, and results of laboratory testing. SCHEDULE Once authorization to proceed has been provided, our research subsurface investigation services can begin. The USA marking, exploratory excavations, and percolation testing are anticipated to begin within two weeks of receiving notice to proceed, depending on equipment availability. Our field work will take two days to complete. Laboratory, engineering analyses, and report preparation can be accomplished within about four weeks from the field exploration for an anticipated project time line of approximately six weeks. We can provide information to the project team prior to our report completion to aid in the planning and design process. Geocon Proposal No.IE-1904 -2 - April 25,2017 REVISED May 31,2017 Filippo Scala;IA Interior Architects Mr.Veneklasen Associates Cathedral City Amphitheater;VA Proposal No.17.0393 R4 May 31,2017;Page 3 of 10 EXHIBIT 1A: SCOPE OF WORK&SERVICES,ACOUSTICAL CONSULTING SERVICES SCOPE OF WORK The project consists of a new proposed Commons Heritage Park Outdoor Amphitheater.The proposed site is located adjacent to the Cathedral City Civic Center and is surrounded by a parking structure on one side, a police station, a movie theater,and Cathedral Canyon Drive.The total size of the lot is 2.51 acres. SCOPE OF SERVICES I. ACOUSTICAL ANALYSIS AND REPORT A. Establish Applicable Noise Criteria 1. Review the Cathedral City' Noise Ordinance for applicable noise level limits and criteria. 2. Establish reasonable noise level criteria for the new Commons Heritage Park Outdoor Amphitheater. B. Acoustical Measurements 1. Perform measurements at the proposed project site in Cathedral City, on the property lines of the site, and in any sensitive areas to determine existing noise conditions.VA will coordinate with the City a time that would be ideal to perform these measurements. 2. Analyze the existing site, make calculations to predict noise impact for the new amphitheater. 3. Evaluate the noise impact of the project on the property lines and the surrounding areas,as compared to the existing measured noise levels. 4. Compare the results of the analysis with the prevailing noise ordinance. C. Noise Modeling 1. Using the source level measurements discussed in Section I.B,an acoustical model of the property will be developed using the Bruel&Kjaer Predictor program. 2. Contour maps will be developed showing various zones of outdoor noise exposure both on the property and for the adjacent community. D. Acoustical Report.VA will provide a brief acoustical report to the City summarizing the results including any recommendations that may be necessary to mitigate any potential noise issues or compliance problems. II. ACOUSTICAL DESIGN A. Recommendations 1. Assist with the shaping and orientation of the Amphitheater to optimize the projection of sound to the audience and minimize the acoustical impact on the nearby residences. 2. Make recommendations to reduce the acoustical impact of other activities on the site and from traffic on Cathedral Canyon Drive and Avenida Lalo Guerrero. 3. Provide a brief report summarizing our recommendations. 4. Attend a maximum of two(2)design coordination meetings. 5. Review drawings prepared by others for incorporation of our recommendations. III. PRINCIPAL EXCLUSIONS AND ASSUMPTIONS A. Assumptions 1. The Client will provide access to the proposed site for the measurements. 2. The Client will provide architectural plans of the existing site, if requested. 3. VA will travel no more than one(1)time to the site to perform the measurements.Additional site visits will be charged on an hourly basis. www.veneklasen.com Filippo Scala;IA Interior Architects WVeneklasen Associates Cathedral City Amphitheater;VA Proposal No. 17.0393 R4 May 31,2017;Page 4 of 10 B. Additional Services 1. Additional site visits 2. Attendance at hearings and/or public meetings 3. Additional noise measurements or any other work not discussed herein. 4. Opinions of probable cost 5. Value engineering or work resulting from value engineering after the completion of Construction Documents. 6. Services during the Construction Administration phase. www.veneklasen.com Filippo Scala;IA Interior Architects Mr•Veneklasen Associates Cathedral City Amphitheater;VA Proposal No.17.0393 R4 May 31,2017;Page 5 of 10 EXHIBIT 1B: SCOPE OF WORK&SERVICES,AUDIO-VISUAL SYSTEM DESIGN VA provides, below, our assumptions about the needs of the sound reinforcement system that will be provided in our documents. During the Programming and Schematic phase, the requirements of the sound reinforcement system will be defined and documented by VA and approved by the Owner,prior to proceeding with preparation of Design Development drawings.Therefore,the Scope of Work and Professional Fees are subject to change. Please note that we consider the Scope of Work and Professional Fees as being subject to adjustment until full concurrence on project scope is achieved. Equally, if services described herein are deemed not necessary, then fees will be equitably and appropriately adjusted. SCOPE OF WORK AV systems will include the following anticipated elements and systems. Performance Theater Audio Video Sound Reinforcement System Assistive Listening System Audio Stage Input Panels Front of House Mix Position Digital Audio Console Control/Equipment Room SCOPE OF SERVICES I. DESIGN PHASE A. Programming 1. Meet with the user groups to discuss their objectives for the sound reinforcement system. Discuss alternative approaches. Discuss the alternatives of installed equipment vs.making provisions for future equipment in the infrastructure. Discuss budget issues in general. 2. Develop a programming document for review and approval that includes the following information: a. Summarize information determined from meeting. b. Description of major systems and functions. c. Alternatives. d. Space requirements for control rooms,storage,etc. e. Preliminary system budgets. B. Schematic Phase Based upon the approved program develop the design to the following level: 1. Establish space requirements for control rooms,equipment and equipment storage. 2. Establish requirements for special electrical power,grounds,etc. 3. Prepare Basis of Design narrative 4. Provide an engineer's opinion of probable cost for the installed systems. 5. Respond to comments associated with the Programming Report. 6. Provide equipment layout plan. C. Design Development Phase 1. Prepare drawings that will be upgraded in terms of detail to become the final contract documents. These drawings will include: a. Loudspeaker locations and types. b. Equipment location plan. www.veneklasen.com Filippo Scala;IA Interior Architects MrioVeneklasen Associates Cathedral City Amphitheater;VA Proposal No. 17.0393 R4 May 31,2017;Page 6 of 10 c. Sound system receptacle(microphone, auxiliary inputs,etc.)locations. d. Control and equipment room layouts. e. Preliminary details. 2. Provide heat load data and equipment power requirements. 3. Provide special attachment requirements. 4. Provide structural load information. D. Contract Documents 1. Finalize contract drawings including the following: a. Symbols,general notes. b. Rack elevations. c. Functional diagrams. d. Wire specifications. e. Final locations for sound reinforcement system components. f. Speaker hanging and aiming details,as needed. g. Facility panel details. 2. Complete sound reinforcement performance specifications including system programming specifications and other specification sections,as required. 3. Prepare final system cost estimates. E. Meetings. Attend a maximum of two (2) meetings during the design process. VA has allocated one (1) meeting during the Programming phase with the Owner or their representatives and one(1)meeting in the construction documents phase. F. Document Submittal and Coordination 1. Coordinate with the architectural and other consultants as required. 2. Submit sound reinforcement system documents and specifications a maximum of two(2)times during the design process.VA anticipates submitting 75%,and 100%Construction Documents packages. 3. Drawings will be submitted in AutoCAD. If Revit or BIM documentation is required, this will be performed as an additional service. 4. Specifications will be submitted in Microsoft Word format. II. PRINCIPAL ASSUMPTIONS AND EXCLUSIONS A. Assumptions 1. Plotting and printing of drawings and specifications for distribution to the owner and project team will be by the architect or others. 2. All fees are in current dollars as of the date of this proposal. Should the work be delayed beyond a reasonable, orderly and continuous progress of the project, fees may be equitably adjusted for escalation and inflation. B. Excluded 1. Video System 2. Programmable Control System 3. Construction administration. 4. Computer hardware and software not directly related to the sound reinforcement system. 5. CCTV, MATV,Voice and Data Telecommunications 6. Consideration of any space other than those listed. www.veneklasen.com Filippo Scala;IA Interior Architects WVeneklasen Associates Cathedral City Amphitheater;VA Proposal No. 17.0393 R4 May 31,2017;Page 7 of 10 7. Participation in value engineering or peer review sessions and responding to value engineering review comments-other than as may be indicated above. 8. Value engineering or redesign after completion of contract documents. 9. Attendance at hearings, planning commission meetings,etc. 10. Revisions to previously performed work caused by changes to the original design criteria. 11. Preparation of construction documents for alternates. 12. Split project or construction documents into separate bid packages. 13. Converting drawings(hardcopy, PDF,TIF,etc.)to DWG format 14. Record Drawings. 15. Bidding negotiation and contract award. 16. Construction Administration. www.veneklasen.com IANABIH YOUSSEF ASSOCIATES STRUCTURAL ENGINEERS May 2, 2017 Nabih Youssef & Associates, Structural Engineers (NYA) is pleased to present our proposal for structural engineering services for the proposed Cathedral City Commons Heritage Park Outdoor Amphitheater in Cathedral City, California. Based on the Request for Proposal we received on April 12, 2017, we have provided the following project description, scope of services and fee for this project: The project consists of the development of a vacant lot of 2.51 acres to provide an outdoor amphitheater with various amenities. The total construction budget for the project is $2.8 million. Although the exact scope of the project will need to be developed within the constraints of the given budget, the structural scope of work is expected to include the design of structure(s)for the following amenities: • Stage Cover and Backdrop • Green Room • Storage • Concession Area/Box Office • Public Restrooms • Electrical Room Schematic Design: 1. Verify the viability of various load path configurations and construction materials. 2. Prepare initial outline Basis of Design of the selected system(s) indicating typical structural conditions, general components, and layout of the system. 3. Participate in project work sessions as required(assumed web-conferencing). Design Development: 1. Develop initial design parameters with the Architect based upon the approved concept design. 2. Finalize Basis of Design of the selected system(s)indicating typical structural conditions, general components, and layout of the system. 3. Participate in the selection of the structural approaches for the support of non-structural architectural items and coordinate with the Architect and other related consultants. 4. Prepare design drawings and other documents as required describing the structural systems, materials, and design intent as delineated by the Architect and other such elements, as may be appropriate. 5. Coordinate work with that of other design consultants. 6. Participate in project work sessions as required(assumed web-conferencing). Construction Document Phase: 1. Drawings and calculations shall be"signed and sealed" as required by the State of California. 2. Construction documentation shall include preparation of documents necessary to convey the design that shall be used for bidding and construction. 3. Coordinate as required with the Architect and otherconsultants. 4. Participate in project work sessions as required (assumed web-conferencing). 5. Produce, as required by jurisdictional authorities, structural calculations in order to facilitate review of the documents for permit. 6. Respond to plan review comments for structural systems and revise structural drawings as necessary to obtain building permit. Bid Phase: 1. Assist the Owner during the Bid Phase with interpretation of the Bid Documents and coordination and preparation of Addenda. 2. Respond to Requests for Information during the Bid Phase. 850 South Hope St..reet Suite 1700• Los Ange'es Ca,;orn G :0071 •TEL 213 366 0/0, • FAX 218 688 876.8E ,:ce com L O S ANGELES • SAN r R A N C ? S C O • - NE FBA ENGINEERING ELECTRICAL ENGINEERING SCOPE OF SERVICES A. PROJECT DESCRIPTION The project includes an Outdoor Amphitheater with a covered stage for concerts, stage productions, cultural and civic events along with related amenities on an existing 2.51-acre site. The electrical design will include the following: • Outdoor Amphitheater and Stage. • Walking Trails/Pathways. • Dressing/Set-up Areas. • Storage. • Concession Area/Box Office • Dining Area • Public Restrooms • Safety Lighting B. SCOPE 1. Basic Services Engineer will provide as Basic Services all of the electrical engineering services and instruments of service reasonably and appropriately required for the Project's electrical power and lighting systems as follows: a. One (1) coordination meeting with Client, and design team. b. One (1) pre-design site visit to review existing conditions. c. Coordinate on-site requirements with serving Utility Companies for service connection of electrical, telephone and CATV services. d. Coordination with Theatrical Lighting Consultant. e. • Prepare Electrical Construction Documents for obtaining a building permit in accordance with the local Building Department and/or governing authority and make necessary modifications to meet compliance. f. The electrical Construction Documents shall include: 1) Main electrical power service, metering and distribution. 2) Complete Power Plans with electrical connections to all general and specialized systems. 3) Complete Lighting Plans. 4) Power connections to theatrical lighting system and controls. 5) Electrical distribution system, single line diagram and load calculations. 6) Conduit only for NV, security and other low voltage systems. 7) Various schedules, legends, sections, details, and instructions as required. g. Provide energy calculations as required for compliance with State of California Title-24 Lighting Energy Standards. h. Review and check the final documents for quality control prior to the final submission to the Client. Submit the final Drawings/Specifications to the Client for review and submittal to the required government agencies for Plan Check. j. Incorporate Plan Check corrections as required to obtain the building permit. k. Incorporate the Client's and Owner's coordination comments as required prior to the issuance of the documents for bid. FBA ENGINEERING I. Electrical Specifications for FBA Engineering design systems. m. Construction Administration Services: 1) Interpret the Electrical Construction Documents during the bidding phase and assist the Client in the preparation of addenda responding to these interpretations. 2) Interpret the electrical documents for proper execution of electrical work during construction. Consultations with the Owner, Client or Contractor during construction at FBA Engineering office and/or via telephone. 3) Review Shop Drawings and submittals as required by the Construction Documents. n. Electrical As-Built Plans based upon information provided by the Contractor's red lines. 2. Unless Engineer expressly agrees in writing, however, these Basic Services will not include: a. Plan Check submittals, fees and permits. b. Changes resulting from value engineering after commencement of Working Drawings. c. Structural Engineering Services for electrical systems anchorage and/orsupport. d. Evaluation, negotiation, use rated charges, and engineering for alternate utility source suppliers. e. Telephone, data, television, building access controls and security systems, except as noted above. f. LEED design and documentation. g. Cost estimates. h. Utility Company rebate program participation or documentation. Traffic signals. j. Street lighting. 3. Available Additional Services Engineer will provide whatever Additional Services to which the parties may agree, including for example: a. Preparation for and attendance at meetings or presentations beyond those contemplated in the Basic Services. b. Preparation of Construction Documents for additional electrical systems, or extending included systems to additional Project components or features. c. Providing services for Project components designed or equipment specified by others in addition to providing designated power to designated locations as called for by the Basic Services. d. Making revisions to instruments of service when such revisions are: (i) inconsistent with approvals or instructions previously given by Client, including revisions made necessary by changes in the Project program, budget, scheduling or phasing, or the result of Client's failure to render decisions in a timely manner; (ii) required by the enactment, amendment or revised interpretation of governmental or quasi-governmental requirements subsequent to the preparation of such documents, or by the discretionary decisions of governmental or quasi-governmental officials inconsistent with prior approvals; or (iii) necessitated by site or other conditions that were different from or in addition FBA ENGINEERING to those of which Engineer was informed at the time the documentation was originally prepared. e. Providing more than one site visit or site visits for purposes other than those called for by the Basic Services. f. Providing services due to inadequate or improper contractor performance, unreasonable Contractor requests and claims and/or construction accidents or losses; changes concerning programming, scheduling, building systems,the method of procuring Construction Contracts, etc.; Project suspension; changes in Project management; defects or deficiencies in the work or services provided by or the termination of other consultants or Contractors; or conditions or circumstances not now anticipated or reasonablyforeseeable. 4. Service Clarifications and Limitations a. Engineer's services will be performed in a timely manner consistent with good professional practice and the desire that the Project proceeds as expeditiously as practical; and Engineer will use its best efforts to meet any reasonable Project schedule, which shall be adjusted only for reasonable cause or by mutual consent. b. Unless expressly agreed otherwise in writing: (i) Engineer's investigation of existing conditions will be limited to visually reviewing the reasonably accessible portions of the existing facility to ascertain in general the accuracy of the Project's electrical "as built" documentation, and will not involve detailed surveys, destructive inspections or equipment or material testing; (ii) Engineer's instruments of service will be prepared in Engineer's standard format and level of quality and detail; (iii) Engineer's participation in Client's coordination of the Project's various Consultants will be limited to following Client's reasonable and appropriate directions, and will not involve procuring, critiquing or otherwise being responsible for the performance of others; (iv) Engineer's submittal reviews will be pursuant to the industry-standard protocol set forth in AIA Document A201- 1997; (v) Engineer will provide site observations for only the limited purpose of reviewing the construction for the extent of contractor progress and addressing any specific issues which may be brought to Engineer's attention by field personnel or others; and (vi) any"record documents" prepared by Engineer will reflect only any formal changes to the construction documents and the information provided to Engineer by way of a marked up set of the construction documents. c. If Client retains or allows the retention of any Design/Build Contractor concerning any electrical aspect of the Project, then Client shall require that each such contractor be responsible for(i) preparing all the engineering and other drawings and specifications for the components of its design/build undertaking; (ii) complying with the Project's requirements and space limitations; (iii)coordinating and interfacing with other trades and Consultants; (iv)obtaining any required or appropriate approvals from authorities having jurisdiction of other Project; and (v) serving as the Professional of Record for its portion of the work, responsible directly to Client. Design/build Contractor submittals will be reviewed by Engineer only if Engineer expressly agrees in writing to do so, and then only for general conformance with performance criteria; and Engineer will not otherwise assume any responsibility for the design, installation or performance of any design/build system or components. d. Engineer warrants that all of the services provided by and on its behalf pursuant to this Agreement will be performed in accordance with generally and currently accepted electrical engineering principles and practices as embodied in Engineer's standard procedures and protocols. This warranty is in lieu of all other warranties, either express or implied. In particular, and without limitation, FEMA ENGINEERING Engineer will use its best professional judgment in interpreting and applying the requirements of all laws applicable to the Engineer's services such as building codes and statutory functionality standards; but compliance with these laws as they may be eventually interpreted by others cannot be guaranteed. In no event will Engineer guarantee cost or schedule estimates or projections, or any prognostications as to future events; and when used in conjunction with the providing of services pursuant to this Agreement, such terms as "certify," warrant,""confirm," "make sure," "insure," "ensure," "assure," or the like do not constitute a guarantee, but rather a representation based on professional opinion or judgment. e. Engineer will undertake professional responsibility for only the electrical engineering services expressly undertaken pursuant to this Agreement, and not otherwise. Engineer will not be legally liable for providing or failing to provide environmental, acoustical, mechanical, structural or other engineering services, or any specialty consulting services such as data/communications or audio/visual consulting. Further and without limitation, Engineer will not be responsible for delays or other matters beyond its reasonable control; for inaccurate or incomplete information provided to it by Client or other reasonably reliable sources; for any services or instruments of service provided by others even if incorporated into Engineer's instruments of service for ease of reference or otherwise; for unauthorized modifications to or deviations from Engineer's instruments of service or the use of unfinalized instruments of service for bidding or the like; for site conditions of which it was not timely informed; for hazardous materials or toxic substances at the Project site; for the specification of products or equipment for purposes consistent with the manufacturer's published literature; for reasonable interpretations of legal requirements;for construction means, methods, techniques, sequences or procedures; for safety precautions and programs in connection with any Project investigation, demolition or construction; for the timeliness or quality of Contractor performance or for the failure of any Contractor to perform work in accordance with the Project's Construction Documents; or for actions or inaction of others including other Consultants, Utility Companies and Governmental or Quasi-Governmental Agencies. 5. Client Responsibilities In conjunction with Engineer's performance, and as a material factor in the determination of Engineer's fee, Client shall make responsible efforts to cooperate with Engineer including without limitation: a. Designate a single Representative with appropriate authority with whom the Engineer may deal with; and direct all communications to Engineer's Project Manager. b. Provide all relevant Project information to Engineer in a timely manner; and respond to Engineer's questions and requests for information approval within a reasonable time. c. Provide appropriate coordination with and among the Project's various Consultants. d. Refrain from authorizing or allowing recorded or unrecorded deviations from Engineer's instruments of service, or the use of Engineer's unfinalized Instruments of Service for estimate or other purposes without Engineer's knowledge and consent. Commons Heritage Park Outdoor Amphitheater City of Cathedral C' SECTION E: PROJECT SCHEDULE DEA is committed to providing the City of Cathedral City with exemplary design services. We will work closely with staff to ensure the completion of the project within the desired time frame. To assist DEA's project managers in meeting tight schedules, DEA utilizes computer software, such as Microsoft Project, to create a critical path schedule and to identify start and end times for each task, slack times for non-critical tasks, and dependencies between tasks. Once adopted, the schedule is reviewed on a regular basis to ensure that tasks are progressing as planned. When deviations to the schedule result from factors beyond our control, the schedule is updated to reflect current estimates for completion dates and staffing requirements. If a scheduling conflict is identified during a technical group's meeting, the project manager is responsible for resolving the conflict. DEA has been commended many times for meeting and beating project schedules set by our clients. We realize the importance that has been placed upon our firm to provide a quality product in a timely manner. We understand the need for accelerated schedules and have a great deal of confidence in our ability to meet project schedules. A copy of our project schedule is provided herewith. 7D Task Name Duration Stan July 1017 _September 3017 November 2017 June 1 July 1 August 1 September 1 October 1 November 1 December 1 5/21 6/4 ; 6118 712 7/16 7/30 ....8/13 8[27 9110 9124. 10/8 10/22 11/5 _it/19 12/3_. 12/17_ 1 Commons Heritage Park Outdoor Amphitheater 138 days Tue 6/20/17 r l 2 Kick off Meeting I Site Assessment 1 day Tue 6/20/17 t _., 3 Programming 4days Tue 6/20/17 A 4 Programming Interviews 1 day Tue 6/20/17 a 1 5 Topographic Survey 15 days Mon 6/26/17 ti 6 Schematic Design 25 days Mon 6/26/17 TIMMIIIII 7 Design Development 25 days Mon 7/31/17 8 Construction Documents 55 days Mon 9/4/17 T 9 Precise Grading,Paving and Drainage Plan 50 days Mon 9/11/17 . 10--- Hydrology Study 45 days Mon 9/18/17 is Erosion Control Plan 40 days Mon 9/25/17 111111111111 12 Utility Improvement Plan 40 days Mon 9/25/17 IIIMNIMIIIIIIIIIIIIIIIN 13 Horizontal Control,Signing and Striping Plan 40 days Mon 9/25/17 14 WQMP 50 days Mon 9/11/17 15 Demolition Plan 40 days Mon 9/25/17 16 Site Plan 55 days Mon 9/4/17 17 Irrigation Plans 35 days Mon 10/2/17 IMINIS 18 Planting Plans 40 days Mon 9/25/17 19 Specifications I Bid Schedule 30 days Mon 10/9/17 ' IIIIIIIIIIIIIIIIII 20 Construction Cost Estimate 25 days Mon 10/16/17 1111111111 21 75%CDs Submission 1 day Fri 10/13/17 I 22 100%CDs Submission 1 day Fri 11/17/17 . 23 Plan Check Phase 8 Drawings Sign Off 30 days Fri 11/17/17 11111111111 24 Project Monthly Meetings(6) 91 days Tue 8/1/17 1 i 1 1 30 Outreach Meetings(4) __. 50 days Thu 7/6/17 t t t t 24 David Evans and Associates, Inc. EXHIBIT "B" COMPENSATION See attached Compensation David Evans and Associates, Inc. C-1 City of Cathedral City Commons Heritage Park Outdoor Amphitheater Fee Schedule •Kick off Meetin./Site Assessment 9 _____--_--_-_-__ $ 1,665 $ 100 •Pro'ect Meetin.s 6 in •erson or web based 15 10 ____----------- $ 4,325 $ 600 •To.o.ra.hicSurve 1 ©____ $5,000 _--_--_--- $ 5,495 $ 100 _Pro.rammin• 13 ___m__- $ 9,000 ---- $ 2,200 --_ $ 15,075 $ 100 III Outreach Meetin.s 2 10 ___ 6 0---_------_ $ 2,840 $ 700 •Schematic Desi.n 16 ___m 16 $11,500 $29,640 $4,200 $ 4,000 $ 8,000 $ 4,000 $4,400 $ 72,660 $ 1,000 •Desi.n Develo.ment 14 10 16 0 20 ME. $28,440 $8,500 $ 4,700 $6,000 $16,600 $ 9,000 $ 950 $ 84,140 $ 1,500 _Construction Documents Buildin.s/Sta.e 16 _____-- $33,120 $8,500 $10,000 $3,500 $18,700 $14,500 $ 450 $ 91,730 $ 4,000 _Precise Gradin.,Pavin• and Draina•e Plan 2 ® 70 ___----_----__ $ 13,590 $ 200 •H drolo. Stud 1 ®®__ 8 ----------- $ 8,246 $ 200 •Erosion Control Plan 1 16 m___-------_--- $ 5,497 $ 100 _Utilit Im.rovement Plan 1 16 ®___------_-_-- $ 6,441 $ 100 _Horizontal Control,Si.nin. and Stri.in. Plan 2 16 m___-_--_-_---_ $ 5,682 $ 150 _WQMP 2 18 50 __ 8 ---------__ $ 9,780 $ 300 •Demolition Plan 3 p®_p_ $ 3,680 $ 200 _Site Plan 17 ©©_ 40 16 _--_-_---__ $ 9,331 $ 200 _Construction Details 20 ___m®--_----_--- $ 7,480 $ 100 _Irri.ation Plans 4 __ 60 30 __--------_- $ 10,970 $ 100 ■Plantin. Plans 8 ___ 10 ® $ 5,410 $ 100 •S•ecifications/Bid Schedule 16 16 _Q_ 16 ----_-_-_-_ $ 7,352 $ 125 •Construction Cost Estimate 4 6 0_®__-------_-_ $ 3,874 $ 25 _Bid Assistance &M 10 000©- $ 3,981 $1,000 $ 1,000 $ 1,000 $ 1,000 $ 12,000 PE A=Pnncpnl Landscape Architect Protect Manager.i.A=Lar dscape Architect. PE=Profess a nal F,q Hnet,FNC=E g,e r.ID=Irr gat or Des -LD-1,nniqnqnn Dospgne LCAD-La,.cap,CAD IT v Srr.vey TF-Trafnc Fr,,,nor.ARCH-Al hater: Sub-Total Through Schematic Design: $ 102,060 $ 2,600 Geota chnical Fnq�neer.MFP-Merbanl:allP umbing FE- Fnglnoer Tc=thoater righting AAV-Ar nnrical!Aid ow„r:al SF-structural Fngmoor Estimated Design Development $ 64,140 $ 1,500 I TC sICN-signago Doslgn.TM-TNaterManagor Estimated Construction Documents $ 189,063 $ 5,900 Lump Sum Base Bid Total: $ 375,263 $ 10,000 Estimated Bid Assistance T&M: $ 12,000 Estimated Reimbursables: $ 10,000 Bid Total including T&M Bid Assistance and Estimated Reimbursables: $ 397,263 Estimated Reimbursables are included for budgetary purposes only. WI0UAa iO r 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-2 $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-3 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-4