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HomeMy WebLinkAbout24Q222 - Albert A. Webb AssociatesCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Albert A. Webb Associates Dilesh Sheth dilesh.sheth@webbassociates.com On-Call Traffic Engineering Services NTE $5,000,000 3 years (with 2 one year options) On file Dilesh Sheth, dilesh.sheth@webbassociates.com Todd Smith, todd.smith@webbassociates.com Engineering Services Joel Montalvo / Francisco Jaime X8750 July 25, 2024, Item 1F 24Q222 N/A Yes Yes Yes Department N/A No Agreement and Insurance are attached. N/A 09/03/2024 Vonda Teed Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 1 of 19 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 24Q222 ON-CALL TRAFFIC ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 12th day of August, 2024, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Albert A. Webb Associates, (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.” RECITALS A. City has determined that there is a need for As-Needed, “On-Call” Traffic Engineering Services for a variety of future traffic related projects, (hereinafter the “Project”). B. Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Traffic Engineering Services for a variety of future traffic related projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”); (5) Fee Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 2 of 19 Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which is attached as Exhibits “B” and “C” respectively, is incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, Task Order, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the terms of this Agreement; (2nd) the provisions of the Task Order; (3rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (Exhibit “B”); and (5th) the provisions of the Consultant’s Proposal (Exhibit “C”). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 3 of 19 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or Director of Engineering/City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering/City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. 2. COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $5,000,000. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Signatory Entity as provided in this Section 2.1. The signatory entity and signing limits are as follows:  City Manager – over $50,000  Deputy/Assistant City Manager – up to $50,000  Director – up to $25,000  Manager – up to $5,000 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 4 of 19 The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates (Fee Schedule) as shown on Exhibit “D”, or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s Services throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit “D”), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall make reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 5 of 19 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Majeure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on August 12, 2024 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Dilesh Sheth, Senior Vice President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 6 of 19 inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 7 of 19 with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venture or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 8 of 19 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 9 of 19 State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 10 of 19 C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City, or its operations shall limit the application of such insurance coverage. D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein. F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. H. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. I. Requirements of specific insurance coverage features, or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 11 of 19 K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 12 of 19 In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them. 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 13 of 19 shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 14 of 19 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 8.4 Default of Consultant. A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default. B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 15 of 19 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 16 of 19 As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant’s consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 17 of 19 To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 To Consultant: Albert A. Webb and Associates Attention: Dilesh Sheth, Senior Vice President 3788 McCray Street Riverside, CA 92506 Telephone: (951) 686-1070 10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 18 of 19 10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Page 19 of 19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALBERT A. WEBB AND ASSOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 07/25/2024 Item No. 1F APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 9/3/2024 9/4/2024 9/5/2024 EXHIBIT “A” SCOPE OF SERVICES REFER TO REQUEST FOR QUALIFICATIONS (EXHIBIT "B") SECTION 4.2 SCOPE. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 EXHIBIT “B” REQUEST FOR QUALIFICATIONS Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS TE RFQ 20-24 ON CALL TRAFFIC ENGINEERING SERVICES ISSUED: MAY 29, 2024 Page 1 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS PAGE NUMBER 1.1 Request for Request for Qualifications 3 1.2 Funding 3 1.3 Term 3 1.4 Schedule 3 1.5 RFQ Documents Location 3 1.6 Evaluation of Qualifications and Award of Contract 3 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda 4 2.2 Responder’s Minimum Requirements 4 2.3 Submission of Request for Qualifications 4 2.4 Protest Procedures 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions 6 3.2 Responders Ethical Behavior 6 3.3 Request for Qualifications to Remain Open 6 3.4 Right to Accept or Reject Request for Qualifications 6 3.5 Responsibility of Responder 6 3.6 Insurance 6 3.7 Public Record 6 3.8 Cost Related to Request for Qualifications Preparation: 7 3.9 Compliance with Law 7 3.10 Licenses, Permits, Fees and Assessments 7 3.11 Investigations 7 3.12 Non-Collusion 8 3.13 Signed Request for Qualifications and Exceptions 8 3.14 Award of Contract 8 3.15 Form of Agreement 8 SECTION 4 – SCOPE OF WORK 4.1 Background 10 4.2 Scope 10 4.3 Schedule 11 4.4 Compensation 11 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for Qualifications Requirements 12 5.2 Electronic Submittal Package Format 12 5.3 Submission of Request for Qualifications 14 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications 15 6.2 Selection Process and Award of Contract 15 SECTION 7– ATTACHMENTS TO INCLUDE WITH RFQ SUBMITTAL PACKAGE 16 SECTION 8 – SAMPLE AGREEMENT 28 Page 2 of 29 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS 1.1 Request for Request for qualifications The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Traffic Engineering firms to establish a list of on-call firms to work on a variety of capital projects within the City boundaries. The City anticipates that projects will range from various traffic engineering items such as: signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide traffic engineering services to a municipal government agency for the types of projects named above. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. 1.2 Funding The resulting contract will be an on-call contract and the estimated not to exceed value of the contract will be $5M over the full term of the contract or approximately $1M annually. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. 1.3 Term The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. The term of this contract will be for five years. 1.4 Schedule The following is the schedule for this procurement. Activity Due/Time Request for Qualifications Issued May 29, 2024 Request for Clarifications from Responders due June 13, 2024, 12:00 pm PST Request for Qualifications due June 26, 2024, 12:00 pm PST Interviews if desired by City July 2, 2024 Contract awarded by City Council on July 25, 2024 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal -home (See TE RFQ 2024 -0515.) 1.6 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request f or Qualifications (RFQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firm s should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee. Price is evaluated as part of the evaluation criteria. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Page 3 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 2 – INSTRUCTIONS TO RESPONDERS 2.1 Obtaining RFQ Documents and Addenda: RFQ documents can be found on PlanetBids at: https://pbsystem.planetbids.com/portal/47688/portal -home Responders will need to log in and locate this RFQ for all related documents. It is the Responder ’s responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ. 2.2 Responder’s Minimum Requirements – evaluated on a pass/fail basis: A. Experience: The Responder must have at least 5 years’ experience providing traffic engineering services for public works projects and a minimum of 20 years providing traffic engineering services (inclusive of public/private TE work) as a business. Responders shall outline this experience in Section A of the request for qualifications. B. Related Projects: The Responder must list three (3) projects completed within the last five (5) years’ showing traffic engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $120,000 each (design/support costs, not total construction costs). Responders shall outline this experience in Section A of the request for qualifications. C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature. 2.3 Submission of Request for qualifications: Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic PlanetBids system will be the governing time for acceptability of request for qualifications. Paper request for qualifications, or request for qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Request for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a request for qualifications as being non-responsive or negatively impact the evaluation of a request for qualifications. Request for qualifications files shall be clearly labeled per the instructions provided and submitted electronically. 2.4 Protest Procedures. This section sets forth the protest remedies available with respect to the RFQ process. Each responder by submitting its RFQ, expressly recognizes the limitation on its rights to protest contained herein, and expressly waives all other rights and remedies. Each responder agrees that the decisions on any protest, as provided herein, will be final and binding on the protestant. All protests and related statements described in this section shall be submitted for filing to the following email address: Francisco.Jaime@Palmspringsca.gov . A. If any attempts to resolve respondent concerns during the request for clarifications/question and answer period were unsuccessful, protests regarding the RFQ requirements shall be filed only after the Q&A period ends, but no later than five calendar days after the final addendum is issued. Responders may protest the RFQ requirements on the grounds that: 1. A material provision in the RFQ notice is ambiguous to a point that the responder cannot respond to the solicitation, or 2. The RFQ restricts fair and open competition, 3. Any aspect of the RFQ requirements described herein violates applicable Local, Page 4 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 State or Federal law. 4. Protests regarding the RFQ requirements shall completely and succinctly state the grounds for protest and shall include all factual and legal documentation in sufficient detail to establish the merits of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protest by preponderance of the evidence. The outcome of the RFQ requirements protest shall be decided on the basis of the written submissions by the Engineering Serv ices Department in conjunction with the City ’s Legal Department, whose decision shall be final and binding on the protestant. The City will issue a written decision regarding any protests to the respondent or to each participating respondent. 5. Notwithstanding the existence of a protest, the City may continue the procurement process. The failure of a respondent to file a basis for a protest regarding the RFQ requirements within the applicable period shall preclude consideration of that ground in any future protest related to RFQ requirements. 6. This is the only time a prospective consultant can file a protest over RFQ requirements. 7. The City may issue addenda or extend the RFQ due date to address the issues raised in a requirement related protest. B. Protests Regarding Selection of the Most Highly Qualified Team 1. The City will only consider protest by respondents that submitted RFQs. 2. Respondents may protest the selection of the Most Highly Qualified firm only on the grounds that the City did not comply with RFQ process and procedures. 3. Any protests regarding the City ’s decision of Selection of the Most Highly Qualified firm shall be filed within seven calendar days after the selection or recommendation of intent to award of the Most Highly Qualified firm. The City will not accept protests filed after this time period. 4. The City will not entertain protests of RFQ requirements during this stage in the process. 5. The protestant shall file a detailed written statement on the grounds, legal authority , and facts, including all documents and evidentiary statements in support of the protest. Evidentiary statements, if any, shall be submitted under penalty of perjury. The protestant shall have the burden of proving its protests by a preponderance of the ev idence. Failure to file a protest within the applicable period shall constitute a waiver of the right to protest the selection of the Most Highly Qualified firm. 6. The City shall issue a written decision regarding the protest within 30 calendar days after the filing of the detailed statement of protest. The decision shall be final and binding on the protestant. 7. The City reserves the right to request information and/or documentation from the selected Most Highly Qualified firm to respond to issues raised in a protest. C. Under no circumstances shall the City be held liable for payment of the protestant’s costs or attorneys’ fees. The City shall not be liable for any damages to the protestant filing the protest or to any participant in the protest, on any basis, express or implied. END SECTION Page 5 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT 3.1 Request for Clarifications/Questions: A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. Questions received after this date and time m ay not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 3.2 Responders Ethical Behavior: Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a request for qualifications. 3.3 Request for qualifications to Remain Open: The Responder shall guarantee that all contents of their request for qualifications shall be valid for a period of 120 calendar days from the due date of request for qualifications. 3.4 Right to Accept or Reject Request for qualifications: The City of Palm Springs reserves the right to waive any informality or technical defect in a request for qualifications and to accept or reject, in whole or in part, any or all request for qualifications and to cancel all or part of this RFQ and seek new request for qualifications, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. 3.5 Responsibility of Responder: All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the request for qualifications package, etc.), the request for qualifications shall be rejected. 3.6 Insurance: Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their request for qualifications. 3.7 Public Record: A. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Gov ernment Code 7922 during the negotiation process, may be made public after the City ’s negotiations are completed, and Staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Page 6 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 B. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a request for qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek p rotection from disclosure by a court of competent jurisdiction. C. If a submitting party contends that a portion of the request for qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records l aws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City ’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a request for qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the request for qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize request for qualifications where all the information, via a blanket statement, is submitted as proprietary information or a trade secret. Such request for qualifications may be found non-responsive. 3.8 Cost Related to Request for qualifications Preparation: The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Request for qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process. 3.9 Compliance with Law: Responder warrants that all services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 3.10 Licenses, Permits, Fees and Assessments: Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the Resp onder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 3.11 Investigations: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any request for qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. Page 7 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 3.12 Non-Collusion: The undersigned, by submission of this procurement f orm, hereby declares that this request for qualifications is made without collusion with any other business making any other request for qualifications, or which otherwise would make a request for qualifications. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFQ and include it with their request for qualifications. 3.13 Signed Request for qualifications and Exceptions: Submission of a signed request for qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City ’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted request for qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process. 3.14 Award of Contract: It is the City ’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award multiple contracts, or to make no award, whichever is in the best interest of th e City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. 3.15 Form of Agreement: A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Section 8). Please note that the exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties. B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on. C. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a request for qualifications in response to this RFQ. Firms that submit a request for qualifications in response to this RFQ shall certify the following: D. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Page 8 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Responder has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. E. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Responder shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City ’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, inc luding but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. END SECTION Page 9 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On Call Traffic Engineering Services for various projects ranging from signal warrants, signal design, signal timing sheets, collection of traffic counts and turning movements, etc. The City recognizes that the key to a successful Engineering Services Department is a good design and support team. The purpose of this contract is for Consultant(s) who have the right skill set and experience levels to assist the City with On Call Traffic Engineering Services. This work will be provided on an on-call as-needed basis and no amount of work is guaranteed. The contract value is based on an estimate only and not reflective of the actual amount of work that may or may not be performed. The City will issue Task Orders to the Consultant to provide the requested services associated with each project, as the need occurs for such services. Work will be performed on either a lump sum or cost-plus fixed fee basis as defined in each task order. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. 4.2 Scope: It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated workspace or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. The City may assign projects at its sole discretion. Responsibilities may include, but are not limited to, the following: A. Traffic Signal/Device Design. B. Provide traffic signal warrants and other warrants as requested. C. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. D. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. E. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. F. Review/evaluate complex plans and traffic studies prepared by developers, consultants, utilities, and others. G. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. H. Create or update City standards as it relates to City traffic related standards. I. Provide support during bidding, construction, and project closeout. J. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. K. Assist with bidding procedures, prepare bid summaries, and make recommendations for Page 10 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 consideration to award contracts for planning, design, and/or construction. L. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. M. Assist the City in tasks necessary to expedite project delivery such as “trouble shooting” and resolving issues with Caltrans, jurisdictions, regulatory parties, and other affected agencies that may hamper project delivery schedules. N. Attend project development team meetings and other stakeholder and community meetings for the projects. O. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule , and budget. P. Other duties as requested by the City Engineer 4.3 Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 4.4 Compensation: Work will be authorized under individual task orders and will be compensated on either a lump sum or cost-plus fixed fee basis utilizing the hourly rates, approved overhead and fee/profit included in the contract. Contract pricing in each task order shall include all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the C ity. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Page 11 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 5 – REQUEST FOR QUALIFICATIONS FORMAT AND ORGANIZATION 5.1 Request for qualifications Requirements: The firm ’s request for qualifications should describe the methodology to be used to accomplish the project objectives. The request for qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements. 5.2 Electronic Submittal Package Format: Firms are requested to format their request for qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The request for qualifications must be in an 8 ½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 24 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachments and Addenda acknowledgment do NOT count toward the limit (everything else does). Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here. The electronic submittal package shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below: Section A: Firm /subcontractors Qualifications and Experience including references. A.1 Please provide a description of the services that your company has provided in other cities or public entities, how long you have been in operation, and any unique features of the services you offer. Please also include how you meet the minimum requirements that will be scored on a pass-fail basis. A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each subcontractor ’s qualifications, background, and specific expertise that they bring to the project. A.3 The selected Consultant shall demonstrate familiarity of providing services for traffic engineering related projects and has a clear understanding of all applicable and current edition at the time of assigned project - federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, California Manual on Uniform Traffic Control Devices (MUTCD), and the rules and ordinances of the County of Riverside and the City of Palm Springs. A.4 In addition to the three references on the form provided of information about recent customers for who your firm has provided similar services as contemplated herein. A.5 In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFQ. Section B: Staff /Teams qualifications and experience including References. B.1 The Responders to a description of how they plan to staff the various projects. B.2. Identify availability of resources to respond to the needs of the City under an on-call arrangement as outlined in the scope of work. B.3. List the name and qualifications of the key staff/team members that will be assigned to the project. Include resumes of key staff. B.4. Provide an organization chart. Page 12 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 B.5. Provide information of related projects the key staff have worked on that would make them well suited for this contract. B.6. The respondent should list any organizations they plan to partner with to implement the scope of work. Section C: Demonstrated understanding of the overall project and requested scope of work. C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service. C.2 Discuss your team ’s experience with state and federally funded projects and the procedural requirements of managing projects to comply with state and federal regulations. C.3 Include a discussion on your approach to coordination efforts with City Staff, Caltrans, CVAG, local agencies, utility companies, other regulatory , or permitting agencies involved with the projects. C.4 Discuss how your team will identify project problems, issues or conflicts that need to be resolved and the general approach to resolving them and how your team has handled unforeseen problems on projects in the past, including any innovative or advanced techniques your team has developed. C.5 Discuss your team ’s approach to project controls to track project progress and expenditures, maintain critical contract documents, administer , and monitor contracts and maintain critical project information. C.6 Anything else the City should consider as part of this process. Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work. C.7 Identify any “key” or “critical” issues that you believe may be encountered based on the firm ’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service. Section D: Financial Responsibility D.1 Please provide a statement explaining the financial health of your company that demonstrates the ability to contract for the work described in this RFQ. Section E: Forms (Attachments): - Include the following completed forms with your RFQ A. Completed Signature authorization and Addenda Acknowledgment B. If applicable, your specific request for Local Preference and a copy of a valid business license from a jurisdiction in the Coachella Valley. C. Completed Affidavit of Non-Collusion. D. Completed No Conflict of Interest and Non-Discrimination Form E. Completed Public Integrity Business Disclosure Form F. Complete the Reference Form G. Complete Executive Order N -6-22 Certification H. Fee Schedule Page 13 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Section F: Fee Schedule Provide a Fee Schedule on the form provided (Attachment H) that establishes specific fixed hourly rates, for each class of employee engaged directly in the work. Such rates of pay include the Respondents estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Rates used shall be auditable and reflect actual supportable costs. 5.3 Submission of RFQ One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ. All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected. Request for qualifications not meeting the above criteria may be found to be non- responsive. END SECTION Page 14 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 SECTION 6 – REQUEST FOR QUALIFICATIONS EVALUATION 6.1 Evaluation of Request for Qualifications: This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which request for qualifications best meets the requirements set forth in the RFQ document. An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive request for qualifications to this RFQ. Firms are requested to submit their request for qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible): Criteria Points Minimum Requirements: Required Experience Pass/Fail Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References 20 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 15 Demonstrated Understanding Overall project and Scope of Work: • Capability of developing innovative or advanced techniques. • Demonstrated Technical ability. • Familiarity with state and federal provisions. 50 Local Status (5 local / 0 not local) 5 Financial Responsibility 5 Fees/Costs 5 Total* 100 Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their request for qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All request for qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects. *Interviews – The City reserves the right to interview top ranking responders. If interviews are required, the responders invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFQ. The 25 points will be prorated in the same proportion as the request for qualifications scoring listed in the table above. 6.2 Selection Process and Award of Contract: Selection will be made by totaling the points for the request for qualifications and interviews if required. Since this is on-call work and therefore no cost proposal can be obtained at this time, the Responder(s) with the highest number of points will be recommended for award assuming the rate schedule submitted represents fair and reasonable rates to perform future task ordered work. If the fee schedule is not reasonable, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City. END SECTION Page 15 of 29 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 EXHIBIT “C” CONSULTANT SIGNED PROPOSAL Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 June 26, 2024 Proposal to Provide On-Call Traffic Engineering Services 951.686.10703788 McCray Street Riverside, CA 92506 @webbassoc webbassociates.com Prepared for TE RFQ No. 20-24 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Cover Letter June 26, 2024 Francisco Jaime, PE Principal Civil Engineer City of Palm Springs| Engineering Services Department 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Request for Qualifications (TE RFQ 20-24) On-Call Traffic Engineering Services Dear Mr. Jaime: Enclosed is Albert A. Webb Associates’ (WEBB) response to the City of Palm Springs’ (City) Request for Qualifications for On-Call Traffic Engineering Services. Founded in 1945, WEBB is a comprehensive civil engineering and planning firm with extensive expertise, dedicated to serving public and private sector clients. Our broad range of services covers project development, planning, design, entitlement, funding, permitting, construction management, and inspection. The WEBB Team would provide the best benefit to the City for the following primary reasons: »This WEBB Team has the Right Experience with Local Knowledge. WEBB has extensive experience providing similar On-Call engineering services for multiple public agencies and is confident in our ability to meet the City’s needs. WEBB is committed to continue providing the highest quality services to the City. »Budget, Schedule, and Completion Assurance: WEBB develops innovative solutions to meet the requirements of the City’s projects while focusing on the project budget. WEBB prepares preliminary cost estimates at the beginning of the project. WEBB has many qualified engineers within one office to meet the project schedule when additional help is needed. »Experienced Project Team: WEBB recognizes the importance of being close to our clients. Our corporate headquarters is in close proximity to the City and our WEBB Team consists of local experts across a variety of fields, including Traffic & Transportation, Water Resources, Environmental Services, and Land Survey & Mapping. »Federal, State, and Local Standards and Requirements: WEBB has extensive experience with Federal and State Funded Projects and understands their requirements. »Quality Control and Leadership: Dilesh Sheth, PE, TE, is actively involved in the profession serving on professional association boards and committees. In addition, WEBB encourages similar leadership for all associates. Our team is constantly staying ahead of local standards of practice that govern the profession. The WEBB Team prides itself on the quality of product that will be delivered on all City projects. As a Senior Vice President at WEBB, I am authorized to contractually sign for the firm, and offer my personal commitment to provide the City of Palm Springs the best resources and services available. We look forward to continuing to build on our already strong working relationship. If you have the need to talk to me at any time, either before or after your selection decision, please call me at my direct number 951.830.4305, or you can email me at dilesh.sheth@webbassociates.com. Sincerely, Dilesh Sheth, PE, TE Senior Vice President dilesh.sheth@webbassociates.com 951.830.4305 DIR 1000006209 Nick Lowe, PE, TE, Deputy Director nick.lowe@webbassociates.com 951.248.4289 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Section A. Firm Qualifications and Experience ...............................1 Section B. Team Qualifications and Experience .................10 Section C. Project Understanding ......................................................16 Section D. Financial Responsibility ....................................................21 Section E. Forms ...................................................................................................22 Section F. Fee Schedule ................................................................................30 Table of Contents Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 1 Section A. Firm Qualifications and Experience Our Services 1945 180 60+ Founding Year Number of Employees Professional Licenses Firm Specifics WEBB has been providing traffic engineering for over 23 years. For detailed information on our services, simply click on the corresponding icons for more insights or visit webbassociates.com/services. Since 1945, Albert A. Webb Associates (WEBB), a California corporation, has provided consistent civil engineering services to public sector clients in California, demonstrating remarkable financial stability. With offices in Riverside and Murrieta, we strategically cater to diverse client needs. WEBB is a comprehensive in-house professional services firm specializing in public and private sector clients throughout Inland Southern California, offering a wide range of services spanning project development, planning, design, entitlement, funding, permitting, construction management, and inspection. Our enduring legacy, strategic locations, and broad expertise position WEBB as the top choice for comprehensive civil engineering services, ensuring project success and nurturing lasting professional partnerships. Owner and Principal Parties • Matthew Webb, PE, TE, LS - President/CEO • Scott Webb - Senior Vice President • Steve Webb - Director of Risk Management • Brian Knoll, PE- Chief Operations Officer • Kevin W.M. Ferguson - Chief Development Officer • Scott Hildebrandt, PE - Chief Strategy Officer • Todd Smith - Chief Financial Officer • Sam Gershon, RCE - Senior Vice President Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951.686.1070 Murrieta 41870 Kalmia Street #160 Murrieta, CA 92562 951.686.1070 • Bruce Davis, PE - Senior Vice President • Dilesh Sheth, PE, TE - Senior Vice President • Stephanie Standerfer - Vice President • Jason Ardery, PE, TE, LLS, CPESC, QSD - Vice President • Joseph Caldwell, PE, CPESC, CPSWQ - Practice Area Leader • Emily Webb Hogan, J.D. - Senior Land Use and Entitlement Specialist Land Survey & Mapping Services Construction Management & Inspection Land Development Engineering Traffic & Transportation Water Resources Land Development Planning & Entitlement Landscape Architecture Environmental Services Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 2 Counts Unlimited, Inc. (Counts Unlimited) Traffic Data Resources Counts Unlimited specializes in customized traffic data collection to meet the specific needs of their clients. Counts Unlimited guarantees satisfaction with their traffic data in all of their services. Counts Unlimited offers turning movement counts, directional volume counts, entering volume counts, radar speed surveys, parking lot occupancy counts, signal warrant analysis, travel time runs/delays, and vehicle occupancy counts and license plate studies. Ultra Engineering Potholing & Utility Ultra Engineering (USI) is the leading experienced underground utility location company in Southern California. USI was formed out of necessity by experienced utility contracting experts that realized the need for safe, fast, and accurate underground utility locating. USI and their team of highly qualified operators and management are committed to performing a fast, safe, and accurate utility locating service. Their high velocity air-driven excavation delivers the power to cut precise holes into the earth without damaging the utility being located. STC Traffic Specialty Traffic Engineering STC Traffic is an industry expert in traffic signal communication, traffic signal timing and coordination, fiber optic design, traffic management center design, traffic signal turn-on support, performance monitoring, and construction support. WEBB has partnered with STC Traffic for projects involving complex traffic signal coordination, railroad preemption, and fiber optic interconnect with great results. They were also instrumental in preparing and implementing the traffic signal coordination plans for the North Palm Canyon Drive and Indian Canyon Drive projects. Sub-contractors Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 3 On-Call Engineering Services City of Palm Springs WEBB is currently providing On-Call civil and traffic engineering services for the City of Palm Springs to assist with the City’s Capital Improvement Projects, obtaining grant funding, and resolving traffic and transportation issues throughout the City. WEBB provided traffic and transportation engineering services for the following projects: Vista Chino (SR-111) and Via Miraleste and North Palm Canyon Drive (SR-111) and Via Escuela Intersection Improvement Project: WEBB assisted the City with study, preparation of CVAG funding application, design of traffic signal, street improvements and ADA ramps, utility coordination, and Caltrans Encroachment Permit applications. Palm Canyon Drive (N-S) and Stevens Road (E-W) and Palm Canyon Drive (N-S) and Via Las Palmas (E-W) High Visibility Crosswalk Projects: WEBB assisted the City with study, preparation of CVAG funding application, design of traffic signal, street improvements and ADA ramps, and utility coordination. Downtown Indian Canyon Corridor Two-Way Conversion and Pedestrian Safety Enhancement Project: WEBB provided pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left-turn phasing, high visibility crosswalks, advanced stop lines, street lighting, and curb bulb- outs with ADA-accessible wheelchair ramps at nine intersections throughout the City. East Palm Canyon Pedestrian Safety Enhancement Project: WEBB assisted the City with study, preparation of CVAG funding application, design of traffic signal, street improvements and ADA ramps, and utility coordination with these projects. Gene Autry Trail Median: The City hired WEBB to prepare street, traffic signal, and signing and striping plans to construct a raised median and add left turn lanes at the intersection of Gene Autry Trail and Vista Chino, which is part of Caltrans’ SR-111. WEBB provided field survey services to provide accurate improvement plans to the City. WEBB also prepared an air quality report and a cultural resources study per the Caltrans Standard Environmental Reference Document. Contact: Joel Montalvo, MPA, PE, City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 joel.montalvo@palmspringsca.gov / 760.323.8253 Project Experience Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 4 Indian Canyon Bicycle and Pedestrian Improvements City of Palm Springs WEBB provided engineering services for the Indian Canyon Two-Way Conversion, Pedestrian and Bicycle Safety Project. The primary goal of the project is to improve the Indian Canyon Drive traffic flow by converting from a one- way to a two-way traffic flow operation and by converting existing northbound one-way traffic lanes into two, north bound through lanes with one two-way left turn median, and one southbound lane between Granvia Valmonte and Carmino Paroceia. WEBB provided pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left-turn phasing, high visibility crosswalks, advanced stop lines, street lighting, and curb bulb-outs with ADA-accessible wheelchair ramps at nine intersections throughout the City. • Layouts for a roundabout feasibility • WEBB proposed a modified traffic signal for a safe and efficient operation • Video detection system that provides dilemma zone detection and pedestrian detection radar system • Public outreach Contact: Joel Montalvo, MPA, PE, City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 joel.montalvo@palmspringsca.gov / 760.323.8253 Contract Amount: $194, 850 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 5 On-Call Engineering Services (Partial List) City of Cathedral City WEBB is currently providing On-Call traffic engineering services to assist the City of Cathedral City in support of various City projects including federally funded initiatives. Recent projects include, but are not limited to: Laundau McCallum Signal Project: WEBB performed field surveys necessary for design of the project, and prepared base sheets showing existing improvements and property lines with all right-of-way depicted. WEBB also conducted utility research for all utilities within project limits to identify, locate, and accurately layout all underground improvements. Additionally, WEBB managed all notification and coordination processes with the City and relevant utility companies. We prepared the potholing exhibit and plan at the intersection of Landau Boulevard and McCallum Way and prepared the street improvement plans, signing and striping plans, traffic signal plans, and necessary construction details to facilitate construction of the new traffic signal and pavement improvements. Hawk Pedestrian Signals: The City of Cathedral City received a grant to install two pedestrian crossing signals on Dinah Shore Drive at Via De Anza intersection and at a mid-block location west of Plumley Road for the Cathedral City High School. The City proposed to install High-intensity Activated Crosswalk (HAWK) Pedestrian Signal at both locations. At the intersection of Dinah Shore Drive and Via De Anza intersection, in-pavement flashing lights and double yellow flashing lights on poles were provided for the crosswalk. The City replaced lights with the new HAWK pedestrian signals. In addition to the HAWK pedestrian signal, the project upgraded existing curb ramps to meet current ADA requirements. Highway Safety Improvement Program Grant Application (Cycle 8, 9 and 10): In recent years, WEBB has been at the forefront of improving highway safety in Cathedral City through successful grant applications under the Highway Safety Improvement Program (HSIP) administered by Caltrans. These efforts have not only made significant strides in enhancing road safety but have also secured substantial federal funding for critical projects. • Highway Safety Improvement Program Grant Application (Cycle 8):WEBB successfully applied for Federal funding through Caltrans’ HSIP in 2016 for Cathedral City. The City was awarded $1,674,000 to install advanced dilemma zone detection and countdown pedestrian signal heads at 20 signalized intersections. • Highway Safety Improvement Program Grant Application (Cycle 9): WEBB successfully applied for federal funding through Caltrans’ HISP in 2018 for Cathedral City. The City was awarded $1,302,500 to install advanced dilemma zone detection and pedestrian signaling at 10 intersections, and $1,089,700 to install centerline and edge line rumble strips, flashing stop sign, and guardrails. • Highway Safety Improvement Program Grant Application (Cycle 10): WEBB provided project management and administration activities including managing schedule, budget, project meetings, progress reports, and project team management. SB821 Ocotillo Park Sidewalk Gaps and Application Assistance: WEBB obtained bicycle and pedestrian collision data, photos of project area and potential hazards, and acquired data from nearby schools to determine student attendance figures. Additionally, WEBB completed SB 821 grant applications, prepared maps for destinations and transit options served by projects, coordinated with the City to evaluate the best option for local matching for each project, provided estimates for costs and project schedules, and provided a draft for City review, comment and approval. Contact: John Corella, PE, Director of Engineering/Public Works City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 jcorella@cathedralcity.gov / 760.770.0327 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 6 On-Call Engineering Services City of Lake Elsinore WEBB provides On-Call Traffic Engineering services to the City of Lake Elsinore to support City Staff and resolve traffic and transportation projects and concerns within the City. WEBB provided traffic and transportation engineering services for the following projects: City Consultant Traffic Engineer: WEBB serves as the consultant traffic engineer to the City and represents the City in traffic-related matters. Responsibilities include fielding resident requests, working with the local school districts, attending meetings with developers, and assisting other City departments. Fee Programs: WEBB collected roadway and intersection control inventory for the entire City to determine the remaining deficiencies within the City’s transportation infrastructure network. WEBB then calculated the construction costs for the improvements and identified all vacant and developable parcels with in the City. Fees for future developments were calculated in a nexus study to help the City pay for and construct the remaining roadway network. Highway Safety Improvement Program Grant Application (Cycle 8): WEBB researched possible traffic safety issues within the City and prepared applications for traffic safety improvements in the amount of $825,300. Systemic Safety Analysis Report Program: Awarded $55,000 to prepare report with $5,500 in matching funds. Traffic Control Plan Check: WEBB receives and plan checks all submitted temporary traffic control plans for impending construction projects to ensure conformance with the latest edition of the California MUTCD. WEBB works with the City and the applicant to provide safe working areas for workers and the traveling public. Striping Improvements: WEBB prepares signing & striping plans for known “trouble spots”, slurry seal projects, and bike lanes. WEBB designs the plans to enhance safety and traffic operations while adding to the City’s budding bike lane network. Railroad Canyon Road Interchange Monitoring System: WEBB worked with City Staff, Caltrans, and McCain, Inc. to design and install traffic monitoring cameras and a communications system at five intersections at the Railroad Canyon Road/I-15 Interchange. WEBB and City Staff can now monitor traffic in real-time at those intersections and modify signal timings when needed. Speed Surveys: WEBB conducted speed surveys on 44 roadway segments throughout the City to update the posted speed limits and ensure the continuation of legal speed enforcement. School Zones: WEBB procured and installed speed feedback signs at all schools within the City’s limits to further reinforce the locations of school zones. WEBB also observes school drop-off and pickup times and procedures and works with school staff to determine safety and operational improvements. Contact: Remon Habib, PE, City Engineer City of Lake Elsinore 130 S Main Street, Lake Elsinore, CA 92530 rhabib@lake-elsinore.org / 951.674.3124 ext. 213 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 7 On-Call Engineering Services County of Riverside WEBB is currently providing On-Call civil and traffic engineering services for the County of Riverside to assist with the County’s Capital Improvement Projects, obtaining grant funding, and resolving traffic and transportation issues throughout the County. WEBB provided traffic engineering services for the recent following projects: HSIP Cycle 10: WEBB prepared an HSIP application to improve safety along the SR-74 corridor between Lake Elsinore and Perris. The application was awarded with nearly $10 million in design and construction funding. The application was originally denied due to a Caltrans error and WEBB fought to get the application and funding approved for the County. El Nido Sidewalk Improvements Phase I and II: WEBB assisted the County of Riverside Transportation Department (County) with the Phase I and II of this sidewalk improvement project. Phase I consisted of approximately 2,650- LF of ADA compliant sidewalk, curb and gutter on the east side of El Nido Avenue between Orange Avenue and Placentia Avenue. Phase II consisted of approximately 1,325-LF of ADA compliant sidewalk, curb and gutter on the east side of El Nido Avenue between Placentia Avenue and Walnut Street. This project mainly consists of sidewalk, curb and gutter, driveways, and curb ramp improvements. WEBB assisted with field survey, design drawings, specifications, cost estimate, bid and construction support. Oleander Sidewalk Improvements Phase I and II: WEBB assisted the County of Riverside Transportation Department (County) with the Phase I and II of this sidewalk improvement project. Phase I consisted of approximately 400-LF of sidewalk along the north side of Oleander Avenue between Mead Valley Elementary School and Haines Street. Phase II consisted of approximately 1,290-LF of sidewalk along the north side of Oleander Avenue between Haines Street and Clark Street on the North side. This project mainly consists of sidewalk, curb and gutter, driveways, and curb ramp improvements. Theda Street SidewaIk Improvements: WEBB assisted the County of Riverside Transportation Department (County) with the ADA improvement plans for the Theda Street sidewalk improvement project. This project consisted of approximately 2,000-LF of sidewalk along the east side of Theda Street between Mountain Avenue and Ellis Avenue. This project mainly consists of sidewalk, curb and gutter, driveways, and curb ramp improvements. Contact: Dennis Acuna, PE, TE, Director of Transportation County of Riverside 4080 Lemon Street, Riverside, CA 92501 dacuna@rivco.org / 951.674.3124 ext. 213 Theda Street Sidewalk Improvements Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 8 •Traffic Analysis •Roundabout Analysis •Aggressive Schedule for Phase 1 •Coordination with Two Agencies •Completed within Budget and Schedule •Hands-On Approach •Prepared Plans, Specifications, and Estimate (PS&E) •Provide bidding assistance •Road diet •Added bike lanes and street parking spaces for each direction •Installation of new street lights and upgrading existing street safety lights •Upgraded existing ADA path through driveways and curb ramps •Installation of a pedestrian crossing •Drainage improvements Madison Street Improvement Project from Avenue 50 to 52 City of Indio Calhoun Street Improvement Project City of Indio PROJECT No. APN.SEC. , T. S., R. E., S.B.B. & M. SITE ADDRESS PREPARED FOR SCALE DRAWN BY DATEBY INSPECTOR: CONTRACTOR: AS BUILT COMP. DATE: DATE COMPLETED: ENGINEERCONSTRUCTION RECORD DATER E V I S I O N S APP'D BENCHMARK:BASIS OF BEARING DESIGNED BY: DILESH R. SHETH, PE DATE FIRM ADDRESS: ALBERT A. WEBB ASSOCIATES 3788 McCRAY STREET TELEPHONE: 951-686-1070 FAX: 951-788-1256 SHEETSOF RCE No. C65078EXP. DATE: 6/30/19 DESIGNER'S SEAL APPROVER'S SEAL PLAN CHECKED BY: APPROVED BY: DATE: I.P. No. 17-130 RIVERSIDE, CA 92506 RCE No. C68510 JUAN RAYA, PECITY ENGINEER 25 5 7 - CALHOUN STREET 12 22 CITY OF INDIO DR.CARREON BLVD TO HIGHWAY 111SIGNING AND STRIPING PLAN MATCHLINE - STA. 20+04SEE BELOW LEFTMATCHLINE - STA. 28+53.20SEE SHEET 13SEE ABOVE RIGHTMATCHLINE - STA. 20+04Client Contact: Tim Wassil, Public Works Director City of Indio twassil@indio.org | 760.391.4018 Contract Amount: $999,448 Prepared 30% plans and Environmental Documents. Modified roadway cross section to avoid relocation of costly and time consuming 92 KV transmission poles and minimized the right-of-way acquisition. Coordinated utility relocation. Successfully completed with aggressive schedule. Completed within budget and schedule. •Coordinated initial meetings for project kickoff and planning •Conducted comprehensive surveying including utility research •Developed detailed geometric drawings for infrastructure enhance- ments •Facilitated rigorous CEQA determination process •Conducted technical studies including air quality assessments and greenhouse gas emission analyses •Evaluated cultural resources and assessed paleontological impacts •Developed tailored mitigation strategies based on study findings •Proactively engaged in utility coordination efforts •Conducted targeted outreach to property owners for project align- ment •Meticulously developed preliminary plans for regulatory compliance and infrastructure development goals Avenue 50 and Jackson Street Intersection Improvements City of Indio Client Contact: Tim Wassil, Public Works Director City of Indio twassil@indio.org | 760.391.4018 Contract Amount: $545,158 Client Contact: Tim Wassil, Public Works Director City of Indio twassil@indio.org | 760.391.4018 Contract Amount: $87,890 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 9 Current On-Call Services Chart Client / Agency Services Provided Civil DesignPlanning & EnvironmentalTraffic & TransportationConstruction Management & InspectionPlan CheckingLand Survey & MappingStormwater EngineeringGrant WritingGIS ServicesLandscape ArchitectureCity of Banning X X X X X X X X X City of Beaumont X X X X X X City of Cathedral City X City of Corona X X X X City of Eastvale X City of Grand Terrace X X X X City of Hemet X X X City of Indio X X X X X City of Lake Elsinore X City of Moreno Valley X City of Palm Springs - Public Works X X X City of Pomona X X X X X X City of Riverside (Multiple Departments)X X X X City of Wildomar X Coachella Valley Water District X X X X X X X County of Riverside Transportation Department X X X County of San Bernardino Special Districts X X X X X X X X X Eastern Municipal Water District X X X X X X X Elsinore Valley Municipal Water District X Imperial County - Public Works Division X X Jurupa Community Services District X X X X X X X X X Riverside County Economic Development Agency X X X X X X X X X Riverside County Flood Control & Water Conservation District X X X X X West Valley Water District X X X Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 10 Knowledge, experience, and responsiveness are key elements of a strong team needed to exceed the goals and expectations of the City’s projects. WEBB’s Traffic and Transportation Team has the ability to deliver these key elements to all your projects. Our team has the experience needed to handle multiple tasks at the same time and the capability to target our skill sets to each task. This translates into a quick turn-around, efficient execution, and better time management. All work performed will have quality control provided by WEBB’s Principal-in-Charge, Dilesh Sheth, PE, TE, and all projects will be managed by WEBB’s Project Manager Nick Lowe, PE, who are both licensed engineers with the California Board for Professional Engineers, Land Surveyors, and Geologists. Nick’s primary responsibility will be to work with City Staff to achieve the goals of the council, staff, and all constituents. He will work closely with all council and commission members to assess each situation and/or project and create a proactive, creative, and fiscally responsible project plan for each. The following chart provides an overview of key personnel who will be responsible for the City’s projects. Key personnel will be available to the extent proposed for the duration of the project and WEBB acknowledges that no person designated as “key” to the project shall be removed or replaced without written consent of the City. Project Team Principal-in-Charge Dilesh Sheth, PE, TE Senior Vice President Project Manager Nick Lowe, PE, TE Deputy Director Myung Choo, PE, TE Practice Area Leader Eric Lewis, PE, TE Active Transportation Specialist Kawai Mang, EIT Project Engineer Son Le Associate Engineer Subconsultants Counts Unlimited Ultra Engineering STC Traffic Corona, CA Winchester, CA Carlsbad, CA Section B. Team Qualifications and Experience Outside of WEBB’s stated subconsultants, it is anticipated that coordination with city organizations such as the Palm Springs Bicycle Coalition and ONE-PS as needed on a project-by-project basis. This is to better understand the needs of specific users such as bicyclists and the needs of each individual Palm Springs neighborhood. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 11 Dilesh Sheth, PE, TE Senior Vice President Dilesh Sheth, PE, TE, is a Senior Vice President with WEBB and is Director of the Traffic & Transportation Department. Dilesh assists public and private clients with sophisticated civil works projects. Clients benefit from his expertise in presenting project findings and recommendations to elected officials, municipal commissions, community groups, and the general public. Dilesh has coordinated projects with Caltrans and numerous counties, cities, flood control districts, utility companies, residential, and business owners throughout Inland Southern California. This experience enables him to help clients realize a wide range of project goals and comply with varied requirements. He balances the needs of the community with the needs of local jurisdictions to bring positive solutions to difficult situations and projects. Dilesh’s technical experience includes highway design, intersection and interchange improvements, street widening, alignment studies, and geometrics’ drawings. His recent projects include a diverse range of roadway design, freeway ramp improvements, residential development street design, traffic signal design, traffic control plans, signing and striping plans, and pedestrian and bike facilities. He has also handled site access evaluation, intersection capacity analysis, traffic forecasting, circulation planning, traffic impact studies, parking studies, parking demand analysis, transportation demand management plans, focused site specific traffic studies, and area-wide circulation studies. Dilesh is currently serving as the Program Manager for the On-Call traffic engineering services for the cities of Palm Springs, Cathedral City, Lake Elsinore, and Grand Terrace, and the County of Riverside. Through his efforts, Dilesh has been able to raise over $24.3 million in funds from HISP and CVAG for these cities and their numerous projects. A large majority of these projects were completed without any matching funds needed from the City. REGISTRATIONS Registered Civil Engineer C 65078 (CA) Registered Civil Engineer C 14934 (NM) Registered Traffic Engineer TE 2112 (CA) EDUCATION BS, Civil Engineering University of Saurastra Rajkot, India AFFILIATIONS American Public Works Association (APWA), Coachella Valley Institute of Transportation Engineering (ITE) Riverside and San Bernardino Counties Palm Springs Corridor & Traffic Signal Improvements, City of Palm Springs (City) - Dilesh serves as the Project Manager for these projects. WEBB is currently providing On-Call civil and traffic engineering services to the City of Palm Springs to assist with the City’s Capital Improvement Projects obtaining grant funding, and resolving traffic and transportation issues throughout the City. WEBB provided traffic and transportation engineering services for the following projects: »Indian Canyon Two-Way Conversion, Pedestrian, & Bicycle Safety Enhancements - WEBB is providing engineering services for the Indian Canyon Two-Way Conversion, Pedestrian, and Bicycle Safety Project with WEBB providing pedestrian countdown heads, pedestrian detection, accessible pedestrian signals, leading pedestrian phasing, protected left-turn phasing, high visibility crosswalks, advanced stop lines, street lighting, and curb bulb-outs with ADA-accessible wheelchair ramps at nine intersections throughout the City. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 12 »North Palm Canyon Drive Pedestrian Safety Enhancement Project - This project consisted of the signalized intersections in the downtown area of the City of Palm Springs along Palm Canyon Drive from Tachevah Drive to Ramon Road. Each of the 10 intersections has basic crosswalk markings. WEBB assisted the City with a study, preparation of CVAG funding application, design of traffic signal, street improvements and ADA ramps, and utility coordination. »Vista Chino (SR-111) and Via Miraleste and North Palm Canyon Drive (SR-111) and Via Escuela Intersection Improvement Project - WEBB assisted the City with a study, preparation of CVAG funding application, design of traffic signal, street improvements and ADA ramps, utility coordination, and Caltrans Encroachment Permit applications. On-Call Traffic Engineering Services, County of Riverside (County) - Dilesh serves as Principal-in-Charge for this On-Call. WEBB has been providing On-Call traffic and transportation engineering services to assist the County in collaborating with Caltrans and Riverside County Transportation Commission (RCTC) to resolve traffic and transportation issues and improve the County’s network since 2003. Our depth of technical staff and understanding of transportation department needs has led to our success in providing services on time and within budget. Principle responsibilities include: Prepared the traffic signal, signing and striping, and traffic control plans, prepare street improvement and storm drain plans, prepare traffic impact analysis, prepare specifications, designs, cost estimates, bid proposals, and legal descriptions, serve as a Project Manager for the Capital Improvement Projects, represent the County in meetings with contractors, developers, consultants, utilities, and others, provide coordination with Caltrans, RCTC, Flood Control Districts, and other agencies, and prepare collision and safety analysis. On-Call Traffic Engineering Services, City of Carson (City) - Dilesh serves as the Program Manager for these projects. WEBB is currently providing traffic engineering services to assist in completing City projects. Webb is providing traffic and transportation engineering services including, but not limited to: • Plan check reviews for street improvements, signing and striping, traffic signal, traffic control plans, and project specifications • Traffic study and VMT screening review services for private developments • Traffic signal equipment submittal review for construction • Preparation of Request for Proposals • Traffic calming analysis for residential and collector streets • Review private development projects and provide conditions of approval • Review City planning and policy documents and provide comments and recommendations • Conduct speed and traffic volume surveys and warrant analyses Highway Safety Improvement Program Design and Environmental Services, City of Cathedral City (City) - Dilesh served as a Project Manager for the Highway Safety Improvement Program (HSIP) Cycle 8 Traffic Signal Improvement Project. The City received funding through the federal aid Highway Safety Improvement Program (HSIP) Cycle 8 under the jurisdiction of Caltrans District 8 Local Assistance Program. WEBB provided environmental documentation and engineering design services for the project. WEBB prepared PES form per LAPM and submitted to Caltrans for review. The construction of the 20 traffic signal improvements qualified for a Class 1 Categorical Exemption. WEBB obtained approval through Caltrans in an expedited manner. WEBB performed field investigation to accurately create base plans. The traffic signal improvement plans were designed in conformance with the latest Caltrans Specifications and Standard Plans, the City of Cathedral City Standard Special Provisions for Installation and Modification of Traffic Signals, and the Coachella Valley Association of Governments (CVAG). Dilesh Sheth, PE, TE Senior Vice President Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 13 Nick Lowe, PE,TE Deputy Director Nick Lowe, PE, TE, is a Deputy Director with WEBB’s Traffic and Transportation Department. Nick assists clients with traffic signal upgrades, signing and striping modifications, and pavement improvements. He also develops temporary traffic control plans for construction while working closely with public agencies, contractors, and construction managers to safely expedite projects, thus minimizing impacts to traffic and businesses. In addition, Nick assists other engineers on street improvements, street light installations, sewer and water plans, and expert witness testimony. He is also well- versed in the AutoTURN vehicle simulation program which assists in transportation improvements for constrained travel areas and parking lots. With increasing traffic pressure amid booming growth throughout Inland Southern California cities, Nick’s work on regional transportation solutions provides a tangible benefit to the public through improvements in safety, mobility, and quality of life. Nick is currently pursuing his Professional Traffic Engineer’s License and is active in several industry associations. Nick provides grant funding assistance to the cities of Lake Elsinore, Palm Springs, and Cathedral City and has helped these cities secure over $20.9 million in funding, with little matched funds needed from the City, to install advanced dilemma zone detection, flashing beacons, and left turn phasing at over 50 signalized intersections. REGISTRATIONS Registered Civil Engineer - C 87666 (CA) Registered Traffic Engineer TE 3065 (CA) EDUCATION MS, Civil Engineering University of Southern California BS, Civil Engineering Stevens Institute of Technology AFFILIATIONSI Institute of Transportation Engineers (ITE) American Society of Civil Engineers (ASCE) Intelligent Transportation Society of California (ITS) On-Call Civil Traffic Engineering Services, City of Palm Springs - Nick serves as Project Engineer for the City of Palm Springs’ On-Call Traffic Engineering Services Contract. WEBB is currently providing civil and traffic engineering services to assist in completing City projects, grant funding, and resolving traffic and transportation issues throughout the City. WEBB provided traffic and transportation engineering services for the following projects: • Indian Canyon Two-way Conversion Project • Palm Canyon Pedestrian and Bicycle Safety Improvement Project • East Palm Canyon Pedestrian and Bicycle Safety Improvement Project • Palm Canyon/Via Escuela and Vista Chino/Mira Leste Traffic Signal Improvement Project On-Call Traffic Engineering Services, County of Riverside - Nick serves as Project Manager for this On-Call. WEBB has been providing On-Call traffic and transportation engineering services to assist the County in collaborating with Caltrans and Riverside County Transportation Commission (RCTC) to resolve traffic and transportation issues and improve the County’s network since 2003. Our depth of technical staff knowldege and understanding of transportation department needs has led to our success in providing services on time and within budget. Recent projects include: • El Nido Sidewalk Phase 1 and 2 • Oleander Street Phase 2 Sidewalk • Theda Street Sidewalk Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 14 On-Call Traffic Engineering Services, City of Lake Elsinore (City) - Nick serves as the Project Manager for the On-Call Traffic Engineering Services Contract for the City. WEBB provides support to City Staff and assists in resolving traffic and transportation projects and concerns within the City. WEBB provided traffic and transportation engineering services for the following projects: • Highway Safety Improvement Program Grant Application (Cycle 8): WEBB applied for federal funding through Caltrans’ HSIP in 2016 for the City of Lake Elsinore. The City was awarded $825,300 to install advanced dilemma zone detection, flashing beacons, and left turn phasing at eight signalized intersections without any matching funds. WEBB sorted through city-wide historical collision data using Statewide Integrated Traffic Records System and conducted field reviews of the high-incident intersections to determine countermeasures. The application resulted in a very high benefit/cost ratio of 13.21 • Caltrans Systemic Safety Analysis Report Program: WEBB applied for and received funding for the Caltrans Systemic Safety Analysis Report Program in 2016 for the City. The City was awarded $55,000 to prepare the report with $5,500 in matching funds • Striping Improvements: WEBB prepares signing and striping plans for known “trouble spots”, slurry seal projects, and bike lanes. WEBB designs the plans to enhance safety and traffic operations while adding to the City’s budding bike lane network • Railroad Canyon Road Interchange Monitoring System: WEBB worked with City Staff, Caltrans, and McCain, Inc. to design and install traffic monitoring cameras and a communications system for five intersections at the Railroad Canyon Road/I-15 Interchange. WEBB and City Staff can now monitor traffic in real-time at those intersections and modify signal timings when needed • Traffic Control Plan Check: WEBB receives and plan checks all submitted temporary traffic control plans for impending construction projects to ensure conformance with the latest edition of the California MUTCD. WEBB works with the City and the applicant to provide safe working areas for workers and the traveling public • Speed Surveys: WEBB conducted speed surveys on 44 roadway segments throughout the City to update the posted speed limits and ensure the continuation of legal speed enforcement • School Zones: WEBB procured and installed speed feedback signs at all schools within the City’s limits to further reinforce the locations of school zones. WEBB also observes school drop-off and pickup times and procedures and works with school staff to determine safety and operational improvements On-Call Traffic Engineering Services, City of Carson (City) - Nick is currently providing staff augmentation services for the City’s engineering department for traffic engineering. WEBB is currently providing traffic engineering services to assist in completing City projects. WEBB is providing traffic and transportation engineering services including: • Plan check reviews for street improvements, signing and striping, traffic signal, traffic control plans, and project specifications • Traffic study and VMT screening review services for private developments • Traffic signal equipment submittal review for construction • Preparation of Request for Proposals • Traffic calming analysis for residential and collector streets • Review private development projects and provide conditions of approval • Review City planning and policy documents and provide comments and recommendations Nick Lowe, PE,TE Deputy Director Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 15 Myung Choo, PE, TE Education BS, Civil Engineering University of California, Berkeley Registrations Registered Civil Engineer, CA 79651 Registered Traffic Engineer, CA 2451 Myung Choo, PE, TE, is a Traffic & Transportation Practice Area Leader in WEBB’s Traffic and Transportation Department. In his role he develops the technical abilities of WEBB Team to better assist clients in achieving their transportation goals through preparing traffic studies, designing new traffic signals and upgrading existing traffic signals. Clients benefit from his extensive knowledge of governmental agency procedures, design, geometrics, signs, traffic controls, parking and maintenance. Among his duties, he presents findings and recommendations on traffic matters to elected officials, municipal commissions, community groups and the general public. Eric has over 28 years of traffic/transportation engineering experience, including serving as City Traffic Engineer with the Cities of Fontana and Moreno Valley for a combined total of 18 years. Eric has managed the design of numerous traffic engineering projects, oversaw the City’s day-to-day traffic operations and programs, and participated in multi-disciplinary project development teams for Capital Improvement Plan (CIP) projects. He has extensive experience in the development of transportation related grants including the Highway Safety Improvement Program (HSIP), the Active Transportation Program (ATP), Congestion Mitigation and Air Quality (CMAQ), SB821, Mobile Source Air Pollution Review Committee (MSRC), and Caltrans Sustainable Transportation Planning grants. Eric Lewis, PE, TE Education BS, Civil Engineering/Transportation Engineering California State University, Long Beach Registrations Registered Civil Engineer, CA 68819 Registered Traffic Engineer, CA 1931 PRACTICE AREA LEADER ACTIVE TRANSPORTATION SPECIALIST Son Le Education BS, Civil Engineering California State University, Long Beach Son Le is an Associate Engineer with WEBB’s Traffic and Transportation Department. Son is a dedicated engineer with a superb work ethic and customer satisfaction record. His roles have included working on projects independently to completion or as a member of a professional engineering team. Son’s background knowledge and experience is weighted toward relevant safety standards pertaining to civil engineering, particularly with respect to transportation safety. He also has experience in designing temporary traffic control, traffic signals, street lighting modifications, and re-striping of streets. Kawai Mang, EIT, is a Project Engineer with WEBB’s Traffic and Transportation Department. Kawai assists clients with traffic impact studies, systemic safety analysis, traffic operations analysis, VMT analysis and traffic signal timing. She has a proven track record in project development and project management. In addition, Kawai has experience in public agency coordination and presentations to commissions and councils. With increasing traffic pressure amid booming growth in Inland Southern California cities, Kawai’s work on regional transportation solutions provides a tangible benefit to the public through improvements in safety, mobility, and quality of life. ASSOCIATE ENGINEER Kawai Mang, EIT Education BS, Civil and Environmental Engineering, University of California, Berkeley Registrations Engineer in Training (EIT) 153235 PROJECT ENGINEER Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 16 Section C. Project Understanding C.1 – Approach The following are tasks and work plans WEBB will utilize to provide design services (i.e., traffic signal plans, signing and striping plans, etc.): Task 1 - Meetings WEBB will schedule and attend meetings in the planning phase as follows: a. Kick-off meeting with sub-consultants and stakeholder agencies and utilities b. Monthly Project Development Team (PDT) meetings c. City Council Meetings/City Council Study Sessions d. Other meetings as necessary but not limited to; agencies, proposed developers in the area, businesses, property owners, field reviews, utilities, and meetings with individuals WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings with a high level of thoroughness. The minutes will include a list of attendees with phone numbers and emails, a synopsis of discussion items, any pertinent information, action items, and follow-up action items, ensuring all stakeholders are informed and can prepare adequately. Task 2 - Schedule WEBB will meticulously prepare the project schedule using Microsoft Project, ensuring every detail is accounted for. Upon request, this comprehensive schedule will be provided to the City in digital and/or hard copy, and an updated version will be distributed during PDT Meetings and other meetings as needed. The project schedule will include tasks and subtasks, City function timeline, critical path, and outside sources such as agencies or utilities. The schedule will indicate anticipated durations for all tasks, providing the City with a clear and well-structured project overview. Task 3 - Research Utility and Record Information WEBB will provide engineering services related to research and will investigate utility company and agency records to secure all of the information required to identify, locate, and accurately lay out all underground improvements, easements, centerline, right-of-way, and private property lines. The research will include, but not be limited to, utility maps and as-built plans. WEBB will obtain available City records such as survey ties, benchmarks, street plans, and tract and parcel maps the City knowingly has. All researched items will be inputted into CAD or GIS as needed to show data on proposed plans. Task 4 - Traffic Analysis WEBB will prepare a traffic study, traffic signal warrant, land storage analysis, and other studies on an as-needed basis to design the traffic facility properly. Counts Unlimited, Inc. will provide traffic data collection services. Task 5 - Environmental WEBB will complete a site investigation and prepare all required CEQA documents, if needed, on a case-by-case basis. WEBB will provide a scope and cost separately for NEPA documentation (if needed). The NEPA document will comply with the Caltrans “Local Assistance Procedures Manual” (LAPM). The Preliminary Environmental Study (PES) with comments and photographs, Initial Site Assessment (ISA) Check List, Natural Environments Study (NES), and Area of Potential Effect (APE) Map will be prepared for submission to Caltrans. WEBB will ensure complete quality environmental documents and reports are submitted for the City’s review. WEBB will consult with City Staff to identify the work of applicable resource/regulatory agencies. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 17 Task 6 – Surveying, Topographic Mapping, and Records Research WEBB will perform all surveys (aerial and field) necessary for project drawings and designs. Topography will include, but not be limited to, all above-ground features within the existing and proposed right-of-way and extend beyond the existing and proposed improvements. If necessary, overhead utility elevations can be obtained. Field survey information will include curb return locations and elevations, curb ramp sizes and slopes, USA markings, and pavement limits. WEBB will perform detailed surveying work, including the tie-out of any and all existing survey centerlines, and property corner monuments that could be disturbed and affected by the proposed work. WEBB will obtain available City records such as survey ties, benchmarks, street plans, and tract and parcel maps the City knowingly has. Title reports can be obtained as necessary. Task 7 – Traffic Signal Equipment Inventory WEBB will work with the City’s Traffic Signal Maintenance Staff and Public Works Staff to gain access to existing traffic signal controller cabinets and pullboxes. WEBB will coordinate with City Staff to acquire the latest as-built plans for reference in the field and during design. WEBB will take photos of existing conditions and traffic signal equipment during design. If as-built plans are unavailable or no longer applicable due to age and changes, WEBB will prepare a signal equipment inventory list using Microsoft Excel to keep track of existing traffic signal equipment. Task 8 - Existing Utilities Research WEBB will conduct existing utility research for all utilities within the project’s limits to identify, locate, and accurately lay out all underground improvements. WEBB will identify all utilities that could potentially conflict with the planned project and determine special requirements for facilities, including protection, relocation, right-of-way easements, and construction. WEBB will coordinate with the utility companies to schedule the utilities’ relocation before the start of construction. Task 9 - Utility Potholing Our sub-consultant, Ultra Engineering, will pothole underground utilities to determine the clearance depth or conflicts for underground improvements such as gas lines, telephone lines, electrical lines, sewer lines, water lines, storm drain lines, etc. If necessary, WEBB will submit to each utility company a set of plans that will provide the location and elevation of the utility and the elevation of the improvement with the conflict area clouded to show utility companies the areas of conflict with the proposed improvements. The potholing information and plan will be submitted to the City after completion of the task. Task 10 - Right-of-Way In some instances, the existing right-of-way is insufficient to install traffic signal equipment properly. The project may need to acquire right-of-way or easements to construct the traffic signal improvements. WEBB will prepare legal descriptions, plats, deeds, and maps for each parcel acceptable to the City to convey marketable title interest and for an accurate representation of the right-of-way necessary for the project’s construction. WEBB will prepare legal descriptions and plats for temporary construction easements as needed. WEBB will work with a sub-consultant to provide right-of-way services, which include cost estimates, title investigation, appraisals, negotiations, title clearance, escrow coordination, and eminent domain assistance. Task 11 - Street Improvement Plans, If Needed Street improvement plans can be prepared to show the design of the proposed sidewalk, curb, driveways, curb ramps, pavement, and other roadway facilities. Roadway design will include roadway profile, stationing, elevations, details, cross sections, and all other information necessary for the contractor to construct. Street improvement plans will be prepared using AutoCAD Civil 3D. Task 12 - Traffic Signal Plans The final design should include, but not be limited to, modern ATC controllers with bicycle logic, emergency vehicle pre-emption, traffic signal interconnect, video detection devices, battery back-up, ultimate sizing of traffic signal poles and arms, accessible pedestrian push buttons, poles and pole footings designed to a wind velocity of 100 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 18 MPH or greater per the 2006 Caltrans standards, adequate storage for turn lanes, and any other improvements, including right-of-way to signalize the intersection. Traffic signal design shall be ADA compliant, which includes, but is not limited to, access ramps, pedestrian push buttons (PPB), landings adjacent to the PPB, etc. All traffic signal equipment to meet latest CVAG standards. WEBB will measure the height of the existing overhead utility lines and pothole for a traffic signal, safety lighting, and street light clearance of utilities. The plans shall clearly show the horizontal location of overhead and underground utilities near the proposed improvements. WEBB will coordinate with Southern California Edison to determine the source and location of power for the traffic signal and complete the necessary SCE forms to bring energy to the signal. Task 13 - Signing and Striping Plans Signing and striping plans will show street striping, street legends, crosswalks, sign legends, flashing beacons, bike lanes, and all other ancillary street markings and signs that may exist or be required to complete street improvements. All roadway striping, markings, and signage within the project area shall be brought to the latest CA-MUTCD standards. Task 14 - Deliverables a. During plan review with each submittal, pdf files of individual plan sheets shall be submitted. The final design deliverables shall include, but not be limited to, providing improvement plans in signed electronic format ready for advertising and bidding, along with specifications (including appendixes) and a complete estimate, all stamped and signed by a licensed California Civil Engineer. The design and scope of services will also include a detailed estimate of quantities, a review of the project site to ensure plans are drawn correctly, and attendance at project related meetings. WEBB will monitor the quality of all deliverables, calculations, and other work products. b. The Plans, Specifications, and Estimates (PS&E) will conform to the City’s standards and practices. WEBB will provide clear, concise, and complete plans and profiles which will include, but are not limited to, the following items: Vicinity (location) map, general notes, construction notes, construction legend, existing improvements, power poles, driveway approaches, edge of pavement, pedestrian ramps, painting of traffic stripes and thermoplastic legends, signs, traffic signals, traffic loops, curb returns, fences, gates, trees and landscaping, overhead utility lines, and other details that are of benefit to the design of the project. c. The City will provide WEBB with its boilerplate specifications and technical provisions in Microsoft Word format. WEBB will compile the project specifications, including the project-specific scope of work in the technical specifications, and provide special technical provisions beyond the City’s standard technical provisions. A WEBB Civil Engineer registered in California shall sign the specifications for bidding purposes and contract award. d. WEBB will provide a construction quantity and cost estimate with each plan submittal. The unit costs shall be based upon the most current cost information for recent similar projects in the area compiled by WEBB and approved by the City. Estimates shall include anticipated soft costs and the calculated quantities of the construction items. Task 15 - Submittals to the City, Agencies, Utilities, Etc. a. WEBB will submit electronic plans and documents to the City. The design drawings should be as complete, accurate, and error-free as possible before plan checking is considered to reduce the number of plan checks required and related costs to the City and consultant. Submittals shall be 30% conceptual, 65%, 100%, and final. b. WEBB will submit quantity and previously checked calculations to the City. c. WEBB will submit the contract documents and the previous check prints to the City. d. WEBB will directly submit to each utility company a final set of plans that provides the location, elevation of the utility, and elevation of the improvement with the conflict area clouded to show the utility companies the conflict areas. WEBB will coordinate with utilities to relocate their facilities if required. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 19 The following are tasks and work plans WEBB will utilize to provide review services (i.e., traffic study reviews, traffic design plan reviews, etc.): Task 1 – Meetings, If Needed WEBB will schedule and attend meetings, if needed, with the City to review the project’s or study’s goal, City standards and requirements, and turnaround times. WEBB may also meet with the project engineer or developer to discuss specific items and reach a resolution to move projects forward. Task 2 - Schedule WEBB will coordinate with the City on review schedules at the outset of each new project review. The turnaround times for the design plan and traffic study review are generally two weeks from receipt. Expedited reviews may be accommodated upon request. WEBB will maintain a review status database to keep track of projects, submittal dates, return dates, and overall status. Task 3 - Review Traffic Design Plans: WEBB will identify the project location and review the submitted plans to ensure compliance with ADA requirements, CA-MUTCD standards, California Highway Design Manual requirements, County of Riverside standards, CVAG requirements, and City standards and requirements. WEBB will utilize its extensive knowledge of traffic engineering and experience during reviews and will use a checklist to ensure key design items are included or considered. WEBB will also review plans for consistency with City master plans, goals, and adjacent or nearby existing improvements. WEBB will provide redline comments on electronic submittals using Bluebeam software. Traffic Studies: WEBB will review developer traffic study scoping agreements, traffic studies, and VMT analyses. WEBB has extensive experience preparing and reviewing these items through its private development clients and other public agencies, where WEBB provides review services. WEBB will ensure that traffic scoping agreements and traffic studies are consistent and are prepared using the latest data and methods from ITE, Transportation Research Board, NACTO, and other applicable industry-standard data sources. WEBB can also provide an in-depth review of traffic study appendices to ensure proper software analysis methods are used and that no shortcuts to gain favorable results are taken. WEBB can also review VMT analyses to verify that projects meet CEQA requirements for traffic, including screening and full analyses. WEBB will provide comments in either a memo or email format, whichever the City prefers. C.2 State and Federally-Funded Project Experience WEBB has assisted cities with state and Federally-funded projects with three primary items: environmental clearance, authorization to proceed requests (E-76), and construction management. WEBB’s Environmental Services team has prepared Preliminary Environmental Study (PES) forms integral to moving Federally-funded projects toward construction. These forms mainly supported HSIP projects that were entering the design stage. WEBB has also prepared E-76 forms for the design and construction phases and worked with Caltrans to approve them. WEBB’s Construction Management team has both administrative staff and construction inspectors who are experienced with Federally-funded projects and are well-versed with the lengthy documentation requirements that Caltrans requires through the course of construction, including material submittals, work vehicle hours, scheduling, and invoicing. C.3 Coordination with City Staff, Caltrans, CVAG, Local Agencies, Utility Companies, and Other Regulatory or Permitting Agencies WEBB plans to schedule and chair a kickoff meeting at the beginning of every project that brings in all stakeholders necessary to notify them of the project and understand their requirements. WEBB has excellent relationships with neighboring agencies of Desert Hot Springs, Cathedral City, and the County of Riverside and can coordinate with those agencies to work out project issues. WEBB also works closely with CVAG, IID, CVWD, and SCE for many past and ongoing projects and has relationships with each agency to keep projects moving forward. WEBB has worked on multiple projects for the City of Palm Springs and neighboring agencies that require Caltrans approval. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 20 Coordinating with Caltrans as early as possible is best to understand their requirements and limit Caltrans overreach. C.4 Project Conflicts and Resolutions Traffic Signal Design One of the primary reasons for installing or modifying a traffic signal is safety for vehicular, bicycle, and pedestrian traffic. WEBB designed the Palm Canyon Drive traffic signals and Indian Canyon Drive 2-way conversion traffic signals to accommodate all modes of travel. Vehicle and bicycle detection was designed to be upgraded with hybrid radar/video units to detect oncoming vehicles and bicycles while leading pedestrian intervals were designed to give pedestrians additional time to cross the street. In addition, one of the downtown traffic signals (Palm Canyon/Tahquitz Canyon) was modified to include all-way scramble crosswalks, allowing pedestrians to cross any corner of the intersection without conflicting vehicular movements. This can significantly increase safety at the intersections and provide the downtown area with a more pedestrian-friendly feeling. Existing utilities can significantly affect where traffic signal poles can be constructed. WEBB conducts utility potholing during design to minimize conflicts during construction. In addition, WEBB obtains the elevations of all overhead electrical lines to ensure adequate vertical clearance to the proposed signal poles. Sometimes, a custom shorter traffic signal pole will be designed to maintain clearance and proper safety lighting for the crosswalk. Traffic Signal Timing WEBB worked with the City of Cathedral City to devise a unique traffic signal timing strategy to solve one of their nagging problems. The problem was a residential neighborhood street north of a signalized intersection along Date Palm Drive. Residents complained about the difficulty of leaving that driveway during the day due to the near- constant flow of conflicting traffic on the main street. WEBB did a field review of the location and conducted a traffic simulation using Synchro software to model the situation. WEBB developed a solution to add a dummy left turn phase to the signal timing sheet to provide an approximate seven-second gap for the residential street. WEBB coordinated with the City and its Signal Maintenance Staff to implement it. Both intersections now work smoothly without any complaints. Traffic Count Data Collection WEBB utilizes its sub-consultant, Counts Unlimited Inc., to collect traffic data, including peak hour intersection turning movement counts for traffic studies, 24-hour driveway counts for trip generation analysis, and radar speed surveys for official speed limit studies. Most cities in Southern California will allow counts to be taken only during the school year from August through May or June. The City of Palm Springs is unique because the City’s peak season generally runs in a smaller window from November through April. One technique that WEBB has incorporated in the past during the non-peak season is to use historical counts for analysis. This is done by increasing the historical count data, usually less than three years old, by an appropriate growth factor to obtain “existing” traffic counts. Counts Unlimited Inc. has an extensive database of past counts and can quickly provide counts in these situations. C.5 Project Controls, Track Progress and Expenditures, Maintain Critical Documents, and Critical Project Information Different departments within WEBB and sub-consultants may work on each project. After WEBB has a kick-off meeting with the City, WEBB holds an internal kick-off meeting with staff and sub-consultants to review the City’s goal, success factors, budget, schedule, submittal requirements, and communication. WEBB holds regular PDT Meetings with the City – the frequency of which depends on project complexity and City needs. PDT meetings include coordination with the City and other projects in the area as well as critical issues, action items, budgets, and schedules. WEBB’s Project Manager works closely with staff and sub-consultants and provides updates at regular intervals. All project documents are stored in individual project folders on WEBB’s server. This provides a single location for project files, making them easy to store and track. WEBB uses Microsoft Dynamics365 software to manage the project budget and performance. The senior staff reviews the software monthly, and the project managers can access it anytime. WEBB’s Project Manager keeps Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 21 staff informed regarding their performance and financial performance. C.6 Insights on Implementing the Scope of Work WEBB has a portfolio of creative designs that increase project effectiveness while working around constraints such as right-of-way, utility conflicts, and ADA requirements. Projects with unique designs include a 5-leg roundabout at the intersection of Palm Canyon/Camino Parocela, fitting Class II bike lanes on roadways throughout the City while minimizing on-street parking losses, designing curb bulbouts along North Palm Canyon Drive, and designing custom curb ramps at North Palm Canyon/Racquet Club to satisfy ADA and Caltrans requirements. WEBB has the vast amount of traffic engineering experience at public agencies that the City is looking for and is flexible in the types of services that can be provided. WEBB has experience as an On-Call engineer for project design and as a public representative of the agency. WEBB also has multiple team members who have worked at public agencies as traffic engineers and designers and are able to contribute their knowledge to any project. Finally, WEBB has a history of working well with Palm Springs City Staff and principal decision-makers at other important agencies throughout the Coachella Valley to get projects funded, designed, and constructed. C.7 Critical Issues There are a few key issues that WEBB has encountered on previous projects within the City: 1. Right-of-Way a. WEBB has previously worked on projects within the City that identified a lack of available right-of-way for proposed roadway and traffic improvements. The two solutions for this are to either adjust the design of the improvements to fit within the available space, or acquire the necessary right-of-way or easements to construct the improvements. Adjusting the design may come with compromises in design and constructability while acquiring property, which is a lengthy and expensive process. WEBB procedures identify any right-of- way deficiencies early in the project timeline to prepare appropriate designs or give the City time to acquire the land. 2. Underground Conflicts a. Underground conflicts are a constant threat to any project that requires excavation. The City not only has the normal and expected underground utilities but also has underground facilities that have been buried in the past, along with a unique geological makeup, which can cause issues during construction. These include curb and gutter, concrete slabs, abandoned utilities, and boulders, which cause constructability issues for shallow improvements (sidewalks, gutter, medians, conduit) and deep improvements (utility lines, traffic signal pole foundations, etc.). WEBB includes utility and underground conflict potholing as part of any proposal that may conduct an excavation. Potholing is done during the design process to verify underground conditions and to adjust the design to minimize conflicts and delays during construction. 3. Public Outreach a. The City of Palm Springs has very vocal and involved citizens and organizations that like to provide input on the City’s infrastructure needs. Public outreach at the outset of each major project is vital to ensure that the public is notified and that public input is received and considered. WEBB will work with the City and public outreach consultants, as required, to coordinate with the public on the project’s improvements and impacts and benefits to the public. Section D. Financial Responsibility Albert A. Webb Associates does not hold any controlling or financial interest in any other organization, nor is owned or controlled by any other person or organization. WEBB is a financially secure California corporation. We assure our clients we have the financial resources and organizational capabilities to conduct and complete the required services in a proficient and professional manner. As a privately held company, WEBB does not typically provide financial information; however, we can provide certain information upon request. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 22 Section E. Forms Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 909.686.1070 951.788.1256951.830.4305 Dilesh Sheth, PE, TE dilesh.sheth@webbassociates.com Dilesh Sheth, PE, TE, Vice President 95-1723730 X CA 1 & 2 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 23 WEBB currently has active business licenses in numerous cities in the Coachella Valley. City of Indio 100 Civic Center Drive, Indio, CA 92201 (760) 391-4197 BUSINESS LICENSE Business Name:Albert A. Webb Associates Business Location:3788 McCray ST Riverside, CA 92506 Mailing Address:3788 McCray ST Riverside, CA 92506 Owner:Matthew Webb License Number:BUSL-OUT-003155-2024 Business License – Out CityLicense Type: Issued Date:4/5/2024 Classification:Business License Out of City Expiration Date:4/5/2025 Fees Paid:$370.53 Type of Business: ENGINEERING SERVICES Business License Officer Non-Transferable TO BE POSTED IN A CONSPICUOUS PLACE CITY OF CATHEDRAL CITY 68700 Avenida Lalo Guerrero (760) 770-0353 This business is required to obtain a permit to maintain store use, or handle materials, or to install equipment as described below: BUSINESS LICENSE Business Name:Business Type(s):Albert A. Webb Associates 541330 Engineering Services Business Location:3788 McCray ST Riverside, CA 92506 Mailing Address:3788 McCray ST Riverside, CA 92506 Owner:Bruce Davis License Number:014962 BLIC: Out of TownLicense Type: Issued Date:9/26/2023 Classification:Consulting Expiration Date:9/26/2024 Fees Paid:$157.00 License Collector This business is licensed subject to the provisions of the City of Cathedral City Municipal Code. Issuance hereof does not entitle the owner to operate or maintain a business in violation of any other law or ordinance. The license does not constitute endorsement of any organization or merchandise or services of any character. TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 24 Vice President Albert A. Webb Associates Vice President 6/26/24 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 25 Dilesh Sheth, PE, TE, Vice President Albert A. Webb Associates 6/26/24 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 26 Albert A. Webb Associates 3788 McCray Street, Riverside, CA 92506 California X Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 27 Matt Webb Scott Webb Steve Webb 34%, Albert A. Webb Associates 33%, Albert A. Webb Associates 33%, Albert A. Webb Associates Dilesh Sheth, Vice President 6/26/24 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 28 On-Call Traffic Engineering Services On-Call Traffic Engineering Services On-Call Civil Engineering Services 08/27/2019 - 06/30/2025 194,850 08/26/2014 - 08/26/2024 not exceed $291,558 06/05/2024 - 06/30/2027 not to exceed $600,000/fiscal year City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262-6959 760.323.8253 Joel Montalvo, MPA, PE City Engineer joel.montalvo@palmspringsca.gov City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA, 92530 951.674.3124 ext.213 Remon Habib City Engineer rhabib@lake-elsinore.org City of Indio 100 Civic Center Mall Indio, CA 92201 760.391.4018 Timothy Wassil Assistant Director of Public Works twassil@indio.org Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 29 Dilesh Sheth, PE, TE Vice President Albert A. Webb Associates 6/26/24 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 30 Section F. Fee Schedule 26 Section F. Fee Schedule Principal II $103.50 $310.38 Principal I $81.50 $244.40 Senior III $69.50 $208.42 Senior II $66.50 $199.42 Senior I $63.50 $190.43 Associate III $55.50 $166.43 Associate II $51.00 $152.94 Associate I $46.00 $137.95 Assistant V $42.00 $125.95 Assistant IV $40.00 $119.95 Assistant III $37.00 $110.96 Assistant II $31.50 $94.46 Assistant I $23.50 $70.47 Project Coordinator $31.50 $94.46 Administrative Assistant III $27.00 $80.97 Administrative Assistant II $23.50 $70.47 Administrative Assistant I $ 21.00 $62.98 2-Person Survey Party $125.00 $374.85 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 31 Dilesh Sheth, PE, TE Vice President 951.248.4237 6/26/2024 3788 McCray Street, Riverside, CA 92506 dilesh.sheth@webbassocaites.com Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 EXHIBIT "E" Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/28/2024 License # 0757776 (951) 779-8558 (951) 231-2572 25674 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 19437 A 1,000,000 X P-630-8W805292-TIL-24 9/1/2024 9/1/2025 300,000 $0 Deductible 5,000 1,000,000 2,000,000 2,000,000 1,000,000A X BA-9T94622A-24-43-G 9/1/2024 9/1/2025 A X UB-4J648178-24-43-G 9/1/2024 9/1/2025 1,000,000 Y 1,000,000 1,000,000 B Professional Liab.031711122 9/1/2024 Ded $150k/EaClaim 1M 2,000,000 The City of Palm Springs, its officials, employees, and agents are Additional Insured's with regard to the General Liability policy per the attached endorsement form CGD379 02/19, CGT100 02/19 (pg. 16), Primary & Non-Contributory wording included. Additional Insured applies with regard to the Auto Liability policy per the attached endorsement form CAT353 02/15. Primary & Non-Contributory applies with regard to the Auto Liability policy per the attached endorsement form CAT474 02/16. Waiver of Subrogation applies with regard to the Workers' Compensation policy per the attached endorsement form WC990376(A). Should the policies be cancelled before the expiration date, Hub International Insurance Services Inc. (Hub), independent of any rights which may be afforded within the policies to the certificate holder named below, will provide to such certificate holder notice of such cancellation within thirty (30) days of the SEE ATTACHED ACORD 101 City of Palm Springs Dept of Public Works and Engineering 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 ALBEAWE-01 SGONZALEZ HUB International Insurance Services Inc. PO Box 5345 Riverside, CA 92517 Kristie Koehrer cal.cpu@hubinternational.com Travelers Property Casualty Company of America Lexington Insurance Company X 9/1/2025 X X X X X X X Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. HUB International Insurance Services Inc. ALBEAWE-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0757776 0 SEE P 1 Albert A. Webb Associates 3788 McCray Street Riverside, CA 92506 SEE PAGE 1 SGONZALEZ 1 Description of Operations/Locations/Vehicles: cancellation date, except in the event the cancellation is due to non-payment of premium, in which case Hub will provide to such certificate holder notice of such cancellation within ten (10) days of the cancellation date. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR ARCHITECTS, ENGINEERS AND SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.Non-Owned Watercraft – 75 Feet Long Or Less H.Blanket Additional Insured – Governmental Entities – Permits Or Authorizations Relating ToB.Who Is An Insured – Unnamed Subsidiaries PremisesC.Who Is An Insured – Retired Partners, Members, I.Blanket Additional Insured – GovernmentalDirectors And Employees Entities – Permits Or Authorizations Relating ToD.Who Is An Insured – Employees And Volunteer OperationsWorkers – Bodily Injury To Co-Employees, Co- J.Incidental Medical MalpracticeVolunteer Workers And Retired Partners, Members, Directors And Employees K.Medical Payments – Increased Limit E.Who Is An Insured – Newly Acquired Or Formed L.Amendment Of Excess Insurance Condition – Limited Liability Companies Profess ional Liability F.Blanket Additional Insured – Controlling Interest M.Blanket Waiver Of Subrogation – When Required By Written Contract Or AgreementG.Blanket Additional Insured – Mortgagees, Assignees, Successors Or Receivers N.Contractual Liability – Railroads PROVISIONS uses or is responsible for the use of a watercraft that you do not own that is:A. NON-OWNED WATERCRAFT – 75 FEET (1)75 feet long or less; andLONG OR LESS (2)Not being used to carry any person1.The following replaces Paragraph (2)of or property for a charge;Exclusion g.,Aircraft, Auto Or Watercraft, in Paragraph 2.of SECTION I –B. WHO IS AN INSURED – UNNAMED COVERAGES – COVERAGE A – BODILY SUBSIDIARIES INJURY AND PROPERTY DAMAGE The following is added to SECTION II – WHO ISLIABILITY:AN INSURED: (2)A watercraft you do not own that is:Any of your subsidiaries, other than a partnership(a)75 feet long or less; and or joint venture, that is not shown as a Named (b)Not being used to carry any person Insured in the Declarations is a Named Insured or property for a charge;if: 2.The following replaces Paragraph 2.e.of a.You are the sole owner of, or maintain an SECTION II – WHO IS AN INSURED:ownership interest of more than 50% in, such subsidiary on the first day of the policye.Any person or organization that, with period; andyour express or implied consent, either CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 1 of 6 Includes co py righted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: P-630-8W805292-TIL-24 Policy Period: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY Unless you are in the business or occupationb.Such subsidiary is not an insured under of providing professional health caresimilar other insurance. services, Paragraphs (1)(a),(b),(c)and (d)No such subsidiary is an insured for "bodily above do not apply to "bodily injury" arisinginjury" or "property damage" that occurred, or out of providing or failing to provide first aid"personal and advertising injury" caused by an or "Good Samaritan services" by any of youroffense committed:retired partners, members, directors or a.Before you maintained an ownership interest "employees", other than a doctor. Any such of more than 50% in such subsidiary; or retired partners, members, directors or "employees" providing or failing to provideb.After the date, if any, during the policy period first aid or "Good Samaritan services" duringthat you no longer maintain an ownership their work hours for you will be deemed to beinterest of more than 50% in such subsidiary.acting within the scope of their employmentFor purposes of Paragraph 1.of Section II – Who by you or performing duties related to theIs An Insured, each such subsidiary will be conduct of your business.deemed to be designated in the Declarations as:(2)"Personal injury": a.A limited liability company;(a)To you, to your current or retired b.An organization other than a partnership,partners or members (if you are ajoint venture or limited liability company; or partnership or joint venture), to your current or retired members (if you are ac.A trust; limited liability company), to your otheras indicated in its name or the documents that current or retired directors orgovern its structure."employees" while in the course of his or her employment or performing dutiesC. WHO IS AN INSURED – RETIRED PARTNERS, related to the conduct of your business,MEMBERS, DIRECTORS AND EMPLOYEES or to your other "volunteer workers"The following is added to Paragraph 2.of while performing duties related to theSECTION II – WHO IS AN INSURED:conduct of your business; Any person who is your retired partner, member,(b)To the spouse, child, parent, brother or director or "employee" that is performing services sister of that current or retired partner, for you under your direct supervision, but only for member, director, "employee" or "volunteer worker" as a consequence ofacts within the scope of their employment by you Paragraph (2)(a)above;or while performing duties related to the conduct of your business. However, no such retired (c)For which there is any obligation to partner, member, director or "employee" is an share damages with or repay someone else who must pay damages because ofinsured for: the injury described in Paragraph (2)(a) (1)"Bodily injury":or (b)above; or (a)To you, to your current partners or (d)Arising out of his or her providing ormembers (if you are a partnership or failing to provide professional health carejoint venture), to your current members services.(if you are a limited liability company) or (3)"Property damage" to property:to your current directors; (a)Owned, occupied or used by; or(b)To the spouse, child, parent, brother or sister of that current partner, member or (b)Rented to, in the care, custody or controldirector as a consequence of Paragraph of, or over which physical control is(1)(a)above;being exercised for any purpose by; (c)For which there is any obligation to you, any of your retired partners, membersshare damages with or repay someone or directors, your current or retiredelse who must pay damages because of "employees" or "volunteer workers", anythe injury described in Paragraph (1)(a) current partner or member (if you are aor(b)above; or partnership or joint venture), or any current(d)Arising out of his or her providing or member (if you are a limited liabilityfailing to provide professional health care company) or current director.services. Page 2 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY D. WHO IS AN INSURED – EMPLOYEES AND organization will be deemed to be VOLUNTEER WORKERS – BODILY INJURY designated in the Declarations as: TO CO-EMPLOYEES, CO-VOLUNTEER a.A limited liability company;WORKERS AND RETIRED PARTNERS, b.An organization other than a partnership,MEMBERS, DIRECTORS AND EMPLOYEES joint venture or limited liability company;The following is added to Paragraph 2.a.(1)of orSECTION II – WHO IS AN INSURED: c.A trust;Paragraphs (1)(a),(b)and (c)above do not as indicated in its name or the documentsapply to "bodily injury" to a current or retired co-that govern its structure."employee" while in the course of the co- "employee's" employment by you or performing F. BLANKET ADDITIONAL INSURED – duties related to the conduct of your business, or CONTROLLING INTEREST to "bodily injury" to your other "volunteer 1.The following is added to SECTION II –workers" or retired partners, members or WHO IS AN INSURED:directors while performing duties related to the Any person or organization that has financialconduct of your business.control of you is an insured with respect toE. WHO IS AN INSURED – NEWLY ACQUIRED liability for "bodily injury", "property damage"OR FORMED LIMITED LIABILITY COM PANIES or "personal and advertising injury" that The following replaces Paragraph 3.of arises out of: SECTION II – WHO IS AN INSURED:a.Such financial control; or 3.Any organization you newly acquire or form,b.Such person's or organization'sother than a partnership or joint venture, and ownership, maintenance or use ofof which you are the sole owner or in which premises leased to or occupied by you.you maintain an ownership interest of more The insurance provided to such person orthan 50%, will qualify as a Named Insured if organization does not apply to structuralthere is no other similar insurance available alterations, new construction or demolitionto that organization. However:operations performed by or on behalf of sucha.Coverage under this provision is person or organization.afforded only: 2.The following is added to Paragraph 4.of(1)Until the 180th day after you acquire SECTION II – WHO IS AN INSURED:or form the organization or the end This paragraph does not apply to anyof the policy period, whichever is premises owner, manager or lessor that hasearlier, if you do not report such financial control of you.organization in writing to us within 180 days after you acquire or form it;G. BLANKET ADDITIONAL INSURED – or MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS(2)Until the end of the policy period, when that date is later than 180 days The following is added to SECTION II – WHO ISafter you acquire or form such AN INSURED:organization, if you report such Any person or organization that is a mortgagee,organization in writing to us within assignee, successor or receiver and that you180 days after you acquire or form it; have agreed in a written contract or agreementb.Coverage A does not apply to "bodily to include as an additional insured on thisinjury" or "property damage" that Coverage Part is an insured, but only withoccurred before you ac quired or formed respect to its liability as mortgagee, assignee,the organization; and successor or receiver for "bodily injury", "property c.Coverage B does not apply to "personal damage" or "personal and advertising injury" and advertising injury" arising out of an that: offense committed before you acquired a.Is "bodily injury" or "property damage" thator formed the organization.occurs, or is "personal and advertising injury" For the purposes of Paragraph 1.of Section caused by an offense that is committed, II – Who Is An Insured, each such CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY subsequent to the signing of that contract or openings, sidewalk vaults, elevators, street agreement; and banners or decorations. b.Arises out of the ownership, maintenance or I. BLANKET ADDITIONAL INSURED – use of the premises for which that GOVERNMENTAL ENTITIES – PERMITS mortgagee, assignee, successor or receiver OR AUTHORIZATIONS RELATING TO is required under that contract or agreement OPERATIONS to be included as an additional insured on The following is added to SECTION II – WHO ISthis Coverage Part.AN INSURED: The insurance provided to such mortgagee,Any governmental entity that has issued a permitassignee, successor or receiver is subject to the or authorization with respect to operationsfollowing provisions:performed by you or on your behalf and that you a.The limits of insurance provided to such are required by any ordinance, law, building code mortgagee, assignee, successor or receiver or written contract or agreement to include as an will be the minimum limits that you agreed to additional insured on this Coverage Part is an provide in the written contract or agreement, insured, but only with respect to liability for or the limits shown in the Declarations, "bodily injury", "property damage" or "personal whichever are less. and advertising injury" arising out of such operations.b.The insurance provided to such person or organization does not apply to:The insurance provided to such governmental entity does not apply to:(1)Any "bodily injury" or "property damage" that occurs, or any "personal and a.Any "bodily injury", "property damage" oradvertising injury" caused by an offense "personal and advertising injury" arising outthat is committed, after such contract or of operations performed for theagreement is no longer in effect; or governmental entity; or (2)Any "bodily injury", "property damage" or b.Any "bodily injury" or "property damage""personal and advertising injury" arising included in the "products-completedout of any structural alterations, new operations hazard".construction or demolition operations J. INCIDENTAL MEDICAL MALPRACTICEperformed by or on behalf of such 1.The following replaces Paragraph b.of themortgagee, assignee, successor or definition of "occurrence" in thereceiver. DEFINITIONS Section:H. BLANKET ADDITIONAL INSURED – b.An act or omission committed inGOVERNMENTAL ENTITIES – PERMITS OR providing or failing to provide "incidentalAUTHORIZATIONSRELATING TO PREMISES medical services", first aid or "GoodThe following is added to SECTION II – WHO IS Samaritan services" to a person, unlessAN INSURED:you are in the business or occupation of providing professional health careAny governmental entity that has issued a permit services.or authorization with respect to premises owned or occupied by, or rented or loaned to, you and 2.The following replaces the last paragraph of that you are required by any ordinance, law,Paragraph 2.a.(1)of SECTION II – WHO IS building code or written contract or agreement to AN INSURED: include as an additional insured on this Unless you are in the business or occupationCoverage Part is an insured, but only with of providing professional health carerespect to liability for "bodily injury", "property services, Paragraphs (1)(a),(b),(c)and (d)damage" or "personal and advertising injury"above do not apply to "bodily injury" arisingarising out of the existence, ownership, use,out of providing or failing to provide: maintenance, repair, construction, erection or (a)"Incidental medical services" by any ofremoval of any of the following for which that your "employees" who is a nurse,governmental entity has issued such permit or nurse assistant, emergency medicalauthorization: advertising signs, awnings,technician, paramedic, athletic trainer,canopies, cellar entrances, coal holes,audiologist, dietician, nutritionist,driveways, manholes, marquees, hoist away Page 4 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes co py righted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY N. CONTRACTUAL LIABILITY– RAILROADS 1.The following replaces Paragraph c.of the definition of "insured contract" in the DEFINITIONS Section: c.Any easement or license agreement; 2.Paragraph f.(1)of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of 6 ú 2017 The Travelers Indemnity Company. All rights reserved.CG D3 79 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY 4. Other Insurance (ii)That is insurance for "premises damage";If valid and collectible other insurance is available to (iii)If the loss arises out of thethe insured for a loss we cover under Coverages A maintenance or use of aircraft,or B of this Coverage Part, our obligations are "autos" or watercraft to the extentlimited as described in Paragraphs a.and b.below. not subject to any exclusion in thisAs used anywhere in this Coverage Part, other Coverage Part that applies toinsurance means insurance, or the funding of aircraft, "autos" or watercraft;losses, that is provided by, through or on behalf of: (iv)That is insurance available to a(i)Another insurance company;premises owner, manager or (ii)Us or any of our affiliated insurance companies,lessor that qualifies as an insured except when the Non cumulation of Each under Paragraph 4.of Section II – Occurrence Limit provision of Paragraph 5.of Who Is An Insured, except when Section III – Limits Of Insurance or the Non Paragraph d.below applies; or cumulation of Personal and Advertising Injury (v)That is insurance available to anLimit provision of Paragraph 4.of Section III –equipment lessor that qualifies asLimits of Insurance applies because the an insured under Paragraph 5.ofAmendment – Non Cumulation Of Each Section II – Who Is An Insured,Occurrence Limit Of Liability And Non except when Paragraph d.belowCumulation Of Personal And Advertising Injury applies.Limit endorsement is included in this policy; (b)Any of the other insurance, whether(iii)Any risk retention group; or primary, excess, contingent or on any (iv)Any self-insurance method or program, in other basis, that is available to the which case the insured will be deemed to be insured when the insured is an the provider of other insurance.additional insured, or is any other insured that does not qualify as aOther insurance does not include umbrella named insured, under such otherinsurance, or excess insurance, that was bought insurance.specifically to apply in excess of the Limits of (2)When this insurance is excess, we willInsurance shown in the Declarations of this have no duty under Coverages A or B toCoverage Part. defend the insured against any "suit" if anyAs used anywhere in this Coverage Part, other other insurer has a duty to defend theinsurer means a provider of other insurance. As insured against that "suit". If no otherused in Paragraph c.below, insurer means a insurer defends, we will undertake to do so,provider of insurance.but we will be entitled to the insured's rights against all those other insurers.a. Primary Insurance (3)When this insurance is excess over otherThis insurance is primary except when insurance, we will pay only our share of theParagraphb.below applies. If this insurance is amount of the loss, if any, that exceeds theprimary, our obligations are not affected unless sumof:any of the other insurance is also primary. (a)The total amount that all such otherThen, we will share with all that other insurance insurance would pay for the loss in theby the method described in Paragraph c.below, absence of this insurance; andexcept when Paragraph d.below applies. (b)The total of all deductible and self-b. Excess Insurance insured amounts under all that other (1)This insurance is excess over:insurance. (4)We will share the remaining loss, if any,(a)Any of the other insurance, whether with any other insurance that is notprimary, excess, contingent or on any described in this Excess Insuranceother basis: provision and was not bought specifically to(i)That is Fire, Extended Coverage,apply in excess of the Limits of InsuranceBuilder's Risk, Installation Risk or shown in the Declarations of this Coveragesimilar coverage for "your work";Part. CG T1 00 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page15 of21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: P-630-8W805292-TIL-24 Policy Period: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a.The statements in the Declarations are accurate and complete;If all of the other insurance permits contribution by equal shares, we will follow this method also.b.Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c.We have issued this policy in reliance uponlimit of insurance or none of the loss remains,your representations.whichever comes first.The unintentional omission of, or unintentional errorIf any of the other insurance does not permit in, any information provided by you which we reliedcontribution by equal shares, we will contribute upon in issuing this policy will not prejudice yourby limits. Under this method, each insurer's rights under this insurance. However, this provisionshare is based on the ratio of its applicable limit does not affect our right to collect additionalof insurance to the total applicable limits of premium or to exercise our rights of cancellation orinsurance of all insurers.nonrenewalin accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, andagreement that the insurance afforded to an any rights or duties specifically assigned in thisinsured under this Coverage Part must apply on Coverage Part to the first Named Insured, thisa primary basis, or a primary and non-insurance applies:contributory basis, this insurance is primary to a.As if each Named Insured were the onlyother insurance that is available to such insured Named Insured; andwhich covers such insured as a named insured, b.Separately to each insured against whom claimand we will not share with that other insurance, is made or "suit" is brought.provided that: 8. Transfer Of Rights Of Recovery Against Others(1)The "bodily injury" or "property damage" for To Uswhich coverage is sought occurs; and If the insured has rights to recover all or part of any(2)The "personal and advertising injury" for payment we have made under this Coverage Part,which coverage is sought is caused by an those rights are transferred to us. The insured mustoffense that is committed;do nothing after loss to impair them. At our request,subsequent to the signing of that contract or the insured will bring "suit" or transfer those rightsagreement by you.to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a.We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we willPart in accordance with our rules and rates.mail or deliver to the first Named Insured shown in b.Premium shown in this Coverage Part as the Declarations written notice of the nonrenewaladvance premium is a deposit premium only. At not less than 30 days before the expiration date.the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficientthe earned premium for that period and send proof of notice.notice to the first Named Insured. The due date SECTION V – DEFINITIONSfor audit and retrospective premiums is the date shown as the due date on the bill. If the sum of 1."Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured.supporters. For the purposes of this definition: c.The first Named Insured must keep records of a.Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request.b.Regarding websites, only that part of a website 6. Representations that is about your goods, products or services for the purposes of attracting customers orBy accepting this policy, you agree: supporters is considered an advertisement. Page16 of21 ú 2017 The Travelers Indemnity Company. All rights reserved.CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Albert A. Webb Associates Policy Number: BA-9T94622A-24-43-G Policy Term: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED – PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2.The following is added to Paragraph B.5.,Other Insurance of SECTION IV – BUSINESS AUTO1.The following is added to Paragraph A.1.c., Who CONDITIONS:Is An Insured, of SECTION Il – COVERED AUTOS LIABILITY COVERAGE:Regardless of the provisions of paragraph a. and This includes any person or organization who you paragraph d. of this part 5. Other Insurance, this are required under a written contract or insurance is primary to and non-contributory with agreement between you and that person or applicable other insurance under which an organization, that is signed by you before the additional insured person or organization is the "bodily injury" or "property damage" occurs and first named insured when the written contract or that is in effect during the policy period, to name agreement between you and that person or as an additional insured for Covered Autos organization, that is signed by you before the Liability Coverage, but only for damages to which "bodily injury" or "property damage" occurs and this insurance applies and only to the extent of that is in effect during the policy period, requiresthat person's or organization's liability for the this insurance to be primary and non-contributory.conduct of another "insured". CA T4 74 02 16 ú 2016 The Travelers Indemnity Company. All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Albert A. Webb Associates Policy Number: BA-9T94622A-24-43-G Policy Term: 09/01/2024 to 09/01/2025 Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ONE TOWER SQUARE HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 003 POLICY NUMBER: UB-4J648178-24-43-G ST ASSIGN: Page 1 of 1 DATE OF ISSUE: 09-1-23 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT –CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be mium. 2.00 % of the California workers' compensation pre- Schedule Job Description Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. ARCHITECTURAL SERVICES This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. Endorsement No. Premium Insurance Company Countersigned by 09/01/2024-09/01/2025 Albert A. Webb Associates UB-4J648178-24-43-G Docusign Envelope ID: 3601F235-92E5-49B0-96C2-EF16311F0CA7