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HomeMy WebLinkAbout24P385 - Dokken Engineering, Inc.CONTRACT 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 Dokken Engineering, Inc. Michael Greer, PE, TE, Project Manager mgreer@dokkenengineering.com On-Call Civil Engineering Services NTE $5,000,000 3 years (with 2 one year options) On file Matt Griggs, mgriggs@dokkenengineering.com Cathy Chan, cchan@dokkenengineering.com Engineering Services Joel Montalvo / Anthony Acosta X8740 November 21, 2024, Item 1MM 24P385 N/A Yes Yes Yes Department N/A No Agreement and insurance are attached. N/A 12/03/2024 Vonda Teed Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 1 of 18 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT 24P385 ON-CALL CIVIL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this 1st day of December, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”) and Dokken Engineering (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” Civil Engineering Services for a variety of future civil engineering projects, (hereinafter the “Project”). B.Consultant has submitted to City a proposal to provide As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering 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: 1.0 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 acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of 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 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 Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 2 of 18 for Proposals and the Consultant’s Proposal, which are attached as Exhibits “B” and “C” respectively, are 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. 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 affirms that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) 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 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. 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 3 of 18 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. 2.0 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. 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 Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. 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 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 4 of 18 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 use 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. 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 5 of 18 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 December 1, 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: Michael Greer, PE, TE, Project Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 6 of 18 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 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 ventures 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 7 of 18 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. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 8 of 18 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) acknowledge 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 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 form property damage, products and completed operations. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 9 of 18 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. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 10 of 18 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. 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 11 of 18 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. 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 reasonable 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 applicable Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 12 of 18 federal, state, or local law or ordinance or to the extent arising out of, pertaining to, or relating 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 or active 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 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 13 of 18 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. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 14 of 18 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. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 15 of 18 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. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 16 of 18 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: To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 To Consultant: Kimley-Horn and Associates, Inc. Attention: Michael Greer, PE, TE, Project Manager 1450 Frazee Road, Suite 100 San Diego, CA 92108 Telephone: (858) 514-8377 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 17 of 18 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. 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 “E” (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: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Page 18 of 18 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND DOKKEN ENGINEERING IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: : Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 11/21/2024 Item No. 1MM 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: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 12/5/2024 12/5/2024 12/5/2024 EXHIBIT “A” SCOPE OF SERVICES Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 2 SCOPE OF SERVICES Background: 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 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), and the rules and ordinances of the County of Riverside and the City of Palm Springs. Scope: It will be the responsibility of the Consultant 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. Roadway design and reconstruction. B. Grading and drainage plans. C. Stormwater management and compliance with NPDES regulations. D. Utility coordination and design. E. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. F. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. G. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. H. Review/evaluate complex plans and studies prepared by developers, consultants, utilities, and others. I. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. J. Create or update City standards as it relates to City civil engineering standards. K. Provide support during bidding, construction, and project closeout. L. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 3 M. Assist with bidding procedures, prepare bid summaries, and make recommendations for consideration to award contracts for planning, design, and/or construction. N. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. O. 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. P. Attend project development team meetings and other stakeholder and community meetings for the projects. Q. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule, and budget. R. Other duties as requested by the City Engineer Schedule: Work will commence on issuance of individual task orders and the task orders will define the schedule for the work. 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 Consultant 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 City. There is no specific amount of work guaranteed as this is an on-call contract. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A EXHIBIT “B” REQUEST FOR QUALIFICATIONS Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A CITY OF PALM SPRINGS, CA ENGINEERING SERVICES DEPARTMENT REQUEST FOR QUALIFICATIONS CE RFQ 20-24 ON CALL CIVIL ENGINEERING SERVICES ISSUED: SEPTEMBER 19, 2024 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 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 29 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 3 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 Civil 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 civil engineering items such as street improvements, parking lot design, grading, drainage improvements, utility coordination, preliminary planning and cost estimating for existing and future projects, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide civil 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 Responder 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 September 19, 2024 Request for Clarifications from Responders due October 7, 2024, 12:00 pm PST Request for Qualifications due October 16, 2024, 12:00 pm PST Interviews if desired by City October 24, 2024 Contract awarded by City Council on November 14, 2024 1.5 RFQ Documents Location https://pbsystem.planetbids.com/portal/47688/portal-home (See CE RFQ 2024.) 1.6 Evaluation of Qualifications and Award of Contract This solicitation has been developed in the Request for 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, firms 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 4 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 15 years’ experience providing civil engineering services for public works projects and a minimum of 25 years providing civil engineering services (inclusive of public/private CE 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 civil engineering related work for a public agency. The firms’ contract price for these projects must be equal to or greater than $150,000 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: Anthony.Acosta@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, State or Federal law. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 5 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 Services 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 evidence. 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 6 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 may 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 Government 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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 7 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 protection 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 laws 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 Responder’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. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 8 3.12 Non-Collusion: The undersigned, by submission of this procurement form, 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 the 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 Professional 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 Professional 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 9 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, 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 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 10 SECTION 4 – SCOPE OF WORK 4.1 Background: The City utilizes qualified professionals to provide licensed On-Call Civil Engineering Services for various projects ranging from street improvements, parking lot design, grading, drainage improvements, utility coordination, preliminary planning and cost estimating for existing and future projects, 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 Civil 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. Street Improvement projects. B. Sewer Improvement projects. C. Storm drainage projects – Miscellaneous storm drain improvement projects as determined by the staff. D. Grading and drainage plans. E. Preliminary planning and cost estimating for capital improvement projects. F. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. G. Prepare or examine engineering plans, specifications, designs, cost estimates, bid proposals, and legal descriptions. H. Represent the City in meetings with contractors, developers, other agencies, utility companies, and/or Caltrans. I. Review/evaluate complex plans and studies prepared by developers, consultants, utilities, and others. J. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. K. Create or update City standards as it relates to City civil engineering standards. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 11 L. Provide support during bidding, construction, and project closeout. M. Prepare and submit necessary documents, and coordinate with various regional, county, state, federal, and utility companies. N. Assist with bidding procedures, prepare bid summaries, and make recommendations for consideration to award contracts for planning, design, and/or construction. O. Prepare correspondence, reports, studies, and memoranda necessary to administer various City capital improvement projects. P. 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. Q. Attend project development team meetings and other stakeholder and community meetings for the projects. R. Employ project administration, contract administration, and project control techniques to ensure projects are delivered within approved scope, schedule, and budget. S. Environmental clearance for CEQA. T. 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 City. There is no specific amount of work guaranteed as this is an on-call contract. END SECTION Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 12 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 8½ X 11 format, minimum 11pt font size, minimum ¾” margins, and may be no more than a total of 20 electronic pages, including cover letters, organization charts, and appendices. NOTE: Front and back Covers, dividers, attachments (including resumes) 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 civil 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 Provide information and references requested in Section 2.2B – Related Projects. 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, years of experience, years with company, and summarize qualifications/experience of each key staff/team member. B.4. Provide an organization chart. B.5. Provide information of related projects the key staff have worked on that would make them well suited for this contract. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 13 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 14 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 15 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 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A EXHIBIT “C” CONSULTANT'S SIGNED PROPOSAL Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A October 16, 2024 SUBMITTED TO: City of Palm Springs Department of Public Works 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CE RFQ 20-24ON-CALL CIVIL ENGINEERING SERVICES SUBMITTED BY: Michael Greer, PE, TE Project Manager 1450 Frazee Road, Suite 100 San Diego, CA 92108 (858) 514-8377 mgreer@dokkenengineering.com Statement of Qualifications Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 1450 Frazee Road, Suite 100, San Diego, CA 92108 ● Tele: 858.514.8377 ● Fax: 858.514.8377 ● www.dokkenengineering.com DOKKEN ENGINEERING Transportation Solutions from Concept to Construction October 16, 2024 Mr. Joel Montalvo City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 RE: Request for Qualifications (CE RFQ 20-24) for On-Call Civil Engineering Services Dear Mr. Montalvo: We share the City of Palm Springs’ desire to continue delivering high quality infrastructure projects to the community, recognizing that this beautiful City has been a crown jewel of this state for decades. Our mission is to provide superior service to our clients – no one will be more dedicated and reliable than us on this contract. Our firm size and no-bureaucracy culture allows us to stay extremely nimble and provide immediate assistance to meet your needs, resulting in efficient and cost-effective project delivery. As you will see in our proposal, we have developed a local team ready to deliver any type of task order for the City’s On-Call Civil Engineering Services contract. Experienced Team: The Dokken Engineering team is exceptionally qualified to deliver successful civil engineering projects. We have assembled a team comprised with local experts that share our dedication to project delivery. We are committed to assigning Task Order Managers and key staff familiar to working in the City of Palm Springs. This benefits the City with a team that is already up to speed on City policies, standards, and procedures, resulting in efficient task order delivery. Continuity of Staff/Depth of Resources: Unique to Dokken Engineering are our long tenured staff that provides strong continuity to the City of Palm Springs. Benefits to the City include knowledge retention, effective collaboration, consistent decision making, reduced ramp up time, and risk management. Additionally, Dokken Engineering has in-house civil, structures, environmental, traffic, drainage, dry/wet utility and right-of-way engineers focused exclusively on the design of public infrastructure under one roof. Strong Contract Manager: My management philosophy is to treat every client as if they are my only client and to be responsive to all requests, no matter when they are received. With over fifteen years of experience working in Southern California, I set this expectation for my staff, and I am committed to providing a proactive approach with quick responses to your requests. This proposal demonstrates that we have assembled the most highly qualified and dedicated team that will help the city delivery critical projects for the community. Dokken Engineering is a multidisciplinary engineering and professional services firm specializing in the delivery of transportation projects for public agency clients in California. Dokken Engineering works almost exclusively with public agencies and many of our staff members have substantial experience working for local agencies, Caltrans, FHWA, and other resource agencies. This allows us to better understand and meet the needs of our clients and develop the best approach to achieving project delivery, saving valuable time and money. Dokken Engineering’s mission is to provide superior service to our clients. We strive to be responsive and flexible, which results in projects being delivered on time and within budget. Thank you for the opportunity to submit on this exciting On-Call Civil Engineering Services Contract and the opportunity to continue our excellent working relationship with the City of Palm Springs. Sincerely, DOKKEN ENGINEERING Michael Greer, PE, TE Mark Tarrall, PE Project Manager Principal-in-Charge PRIMARY CONTACT Michael Greer, PE, TE Project Manager Dokken Engineering 1450 Frazee Road, Suite 100 San Diego, CA 92108 Tele: (858) 514-8377 Mobile: (858) 276-9726 E-Mail: mgreer@dokkenengineering.com Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 2 | Page Section A: Firm Qualifications and Experience/References A.1 ABOUT DOKKEN ENGINEERING Founded in 1986, Dokken Engineering (Dokken) is a multi-disciplinary engineering and professional services firm specializing in all phases of project development and delivery. We provide preliminary engineering, environmental clearance documents, feasibility studies, PSRs, PA&EDs, PS&Es, and design support during construction. During the past 38 years, we have developed an exceptional depth of experience and expertise having engineered and obtained environmental compliance on more than 3,000 infrastructure projects, including more than 2,000 federally funded projects. Dokken almost exclusively works with public agencies, including City of Palm Springs, CVAG, CVWD, County of Riverside, City of Indio, City of Palm Desert, City of Desert Hot Springs, and other cities, counties, municipal and joint agencies in Southern California. Many of our staff have experience working previously for and directly with local agencies or resource agencies. Through this combined experience, we can better understand the circumstances of our clients’ projects and meet their needs by developing the best approach and innovative solutions for project delivery. As a result of our collective experience, we save our clients valuable time and money in delivering their projects. We employ a diverse group of over 140 civil, structural, traffic, utility coordinators, hydraulics, hydrology, drainage, and water quality management designers, as well as environmental planners, community outreach experts, funding analysts and right-of-way specialists, who together provide seamless and cost-effective project delivery. Having worked on many on-call contracts that have required similar a scopes of work, we understand the complexities and challenges that may occur in the delivery of the City’s Capital Improvement Program. Our team is prepared to assist the City with delivering a variety of projects such as the potential roundabout at Indian Canyon Drive / South Palm Canyon / Camino Parocela or the proposed park improvements at DeMuth Park. Due to our nimble size, and our breadth of in-house service sectors, we can immediately provide a team of professionals led by experienced task order managers to meet your project’s schedule needs. Dokken Engineering’s performance is measured by our ability to successfully deliver quality infrastructure projects throughout southern California and serving a variety of public agency clients. The majority of Dokken’s clients are repeat clients, such as the City of Palm Springs! This attests to our abilities and history of providing quality services, meeting schedules, and remaining within budgets. Dokken has a long, distinguished history of delivering award-winning projects that have been completed throughout California and the southern California region. No other firm has a greater record of professional civil engineering project success than Dokken Engineering. But don’t take our word for it, call our references. HEADQUARTERS: 110 Blue Ravine Road, Suite 200 Folsom, CA 95630 Branch Offices: 1450 Frazee Road, Suite 100 San Diego, CA 92108 2192 Civic Center Drive Redding, CA 96001 Organization Form: CA Corporation Year of Incorporation: 1986 Total No. of Employees: 145 Firm Capabilities & Expertise: •Project Management •Street Improvements •Roadway/Highway Design •Structures Analysis & Design •Roundabout Design •Water/Sewer •Street Lighting/Signal Mods •Park Improvements •Erosion Control •Drainage Modifications •Hydrology/Hydraulics •Traffic /Signing/Striping •Grant Writing •NEPA/CEQA •Environmental Permits •Right of Way Acquisition & Relocation Assistance www.dokkenengineering.com Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 3 | Page A.2 SUBCONSULTANTS Dokken Engineering has utilized many valuable sub-consultants to complete past projects and has compiled an outstanding team for this proposal. The following identifies our proposed subconsultants on the team, a brief description of the firm, and relevant experience. GEOCON WEST, INC. Role: Geotechnical Geocon West, Inc. (Geocon) is a California corporation established in 2003 as a professional engineering consulting firm providing comprehensive geotechnical, geologic, construction inspection, and environmental engineering and consulting services. They also provide environmental remediation contracting (cleanup) services and operate soils and materials testing laboratories. They employ a staff of over 250 technically strong, highly motivated engineers, geologists, environmental scientists, technicians, and special inspectors. Geocon is fully staffed and responsive in meeting the needs of individual clients. GUIDA SURVEYING, INC. Role: Surveying GUIDA is a small, woman-owned land surveying and mapping firm that has provided project-based and on-call services throughout California since its incorporation in 1995. Guida has a long history of providing professional land surveyors, field crews, and office personnel who have significantly contributed to this region’s infrastructure growth. The firm offers a depth of staffing resources which can provide flexibility to accommodate working off hours, variable days, and locations, if needed. Guida’s team has expansive experience providing a full suite of land surveying and mapping services, delivering quality and innovative products on time and within budget. FEHR & PEERS Role: Traffic Engineering Fehr & Peers is a traffic engineering/transportation planning firm founded in the Bay Area in 1985. Since that time, they have grown to almost 400 staff located in offices throughout the nation. They invest in research and development to develop tools and processes that help their clients and become a trusted advisor. The firm size is the right mix such that their staff are localized to the market (this project would be served from our office located in Downtown Riverside) but big enough such that they can engage staff from across the country based on technical needs and/or staffing resource needs. A.3 DEMONSTRATED FAMILIARITY OF PROVIDING SERVICES One of Dokken’s greatest strengths is our exceptional understanding and experience addressing the specific needs of public agency projects and programs, including county, city, municipal, state, and federal agencies. The combined experience of working with these public agencies allows our staff to anticipate regulations, funding, and agency preferences regarding civil infrastructure projects. In the past five years we have provided on-call services for over 30 public agencies, many of which have renewed or reselected Dokken Engineering, serving as a testament to our ability to provide quality service and deliver successful projects. Examples of recent and relevant as-needed contracts are summarized below. Contracts with a “*” are examples of on-calls where Dokken was reselected again and again. CONTRACT TERM CVAG Professional Services 2024 – Current City of Santee On-Call* 2013 - Current City of Carlsbad On-Call – Civil Engineering* 2020 – Current County of San Diego On-Call* 2008 – Current SANDAG On-Call Contract* 2008 – Current Caltrans District 11 On-Call* 2002 – Current City of San Diego On-Call 2017 – Current Metropolitan Transit System (MTS) On-Call* 2017 – Current North County Transit District (NCTD) On-Call* 2016 – Current City of Menifee On-Call 2022 - Current County of San Bernardino On-Call* 2019 - Current Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 4 | Page We know that attaining success with this type of contract requires an understanding of several conditions that are specific to an on-call program, such as:  Accelerated project periods and short lead times for assignments.  In some cases, assignments will be used to complete project tasks already started by your staff or other consultants. The need to quickly grasp the work-to-date and coordinate completion activities is key to meeting the schedule and budget.  Project assignments can be relatively small, therefore efficient use of our staffing resources is critical.  Availability of our staff to work on an assignment as it develops is often essential to moving that project forward.  Execution of an effective project management approach is also key to meeting the City’s projects’ schedules and budgets. Dokken’s team of experts have established professional working relationships with federal and state oversight agencies and have a thorough understanding of regulatory processes and standards, including Caltrans Local Assistance Procedures Manual (LAPM) policies and procedures, FHWA requirements, and regulatory agency requirements. We have delivered over 70 projects in Riverside County, including 30 corridor widenings in the area. The table below is a summary of our capabilities and recent experience working on projects with local, state, and federal agencies. PROJECT NAME | LOCATION PA&ED PS&E PERMITS ROW CON Indian Canyon Drive Widening | Palm Springs      East Palm Canyon Drive over Palm Canyon Wash Bridge Rehabilitation | Palm Springs     San Pablo Ave Corridor Improvements | Palm Desert    Avenue 66 Realignment | Riverside County     Limonite Avenue Improvements | Riverside County     I-215/Scott Road Interchange | Riverside County     Market Street Bridge Replacement | Riverside County    I-10/Portola Avenue Interchange | Palm Desert    Valley Boulevard Widening Project | Menifee    Green Tree Boulevard Extension | Victorville      Yucca Loma/Yates Road Widening | Apple Valley      Bear Valley Road HBP Bridge Widening over BNSF Railroad | Victorville    Bear Valley Road over Mojave River (HBP) | Apple Valley    A.4 RECENT SIMILAR SERVICES The Dokken team offers outstanding experience and technical competence and has successfully delivered projects similar in nature to the On Call Civil Engineering contract. The following examples highlight our ability to provide services similar in size, scope, and complexity. Together, with the technical specialties of our subconsultants, the Dokken Team assures the City that our proven management and quality services will continue to be provided. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 5 | Page Dokken Engineering has completed a number of projects under the On- Call contract with the County. Selected projects include: Lemon Crest Drainage Improvements: Dokken completed the PS&E to provide a storm drain system between an existing earthen channel just south of Lemon Crest Drive and an existing 84-inch RCP within a commercial property. The project is constructing a 6’x3’ box culvert under Lemon Crest Drive, which will connect to an 84-inch RCP downstream. This project is also re-grading the road to eliminate the localized dip section. In addition to the drainage improvements, the project is implementing water pollution control measures, re-constructing an existing masonry block property wall located above the proposed 84- inch storm drain, and constructing curb and gutter/asphalt concrete dike along the edge of pavement. Countywide Pedestrian Ramp Evaluation: Dokken completed pedestrian ramp evaluations for nearly 1,200 existing ramps throughout the County to help determine the need and schedule for replacement. A standard form was used to perform the evaluations, which were completed by taking 20 ramp grade or length measurements at various points, using a measuring tape and both two-foot and four-foot digital levels. A final package of each ramp was compiled with detailed photos taken during the site visits. This work is in support of Countywide pavement rehabilitation projects. Alta Road and Otay Mesa Road Widening: Dokken provided PS&E for the widening of Alta Road and Otay Mesa Road. The project provided an additional southbound lane on the west side of Alta Road from Lone Star Road southerly to Otay Mesa Road and two additional lanes on Otay Mesa Road from Alta Road westerly 1300 feet. The project included drainage facilities, green street features, and a traffic signal at the intersection of Alta Road and Otay Mesa Road. The intersection of Otay Mesa Road/Alta Road and Alta Road/Lone star Road was widened to the ultimate width. SAN DIEGO COUNTY ON- CALL San Diego County, CA CLIENT: COUNTY OF SAN DIEGO 5500 Overland Avenue, Suite 320 San Diego, CA 92123 REFERENCE: Keith Kezer (858) 495-5752 keith.kezer@sdcounty.ca.gov SCOPE OF SERVICES:  Street Improvements  Civil/Site/Path  Project Management  Hydrology/Hydraulics/ Drainage  Geotechnical Services  Construction Support/Inspection  Traffic Signal Design  Structural Design  Bid Document & Specification  Storm Water  Constructability Review  Utility Design & Construction  Traffic Engineering & Planning  Pedestrian, Bicycle & Urban Trail  Landscape Architecture  Environmental Support PROJECT PERSONNEL:  Michael Greer  Mark Tarrall  Mary Elizabeth Westrum  Justin Thornber  Charles Tornaci  Joe Ostdiek  Jena Addenbrooke CONTRACT  $3.6 Million to Date Traffic Striping and Signing Plans: Dokken Engineering has completed the traffic striping and signing plans to support and assist the Department of Public Works County of San Diego Road Maintenance Projects for the past three fiscal years (FY 17/18, FY 18/19, and FY 19/20). The scope of work for these task orders involved base mapping of existing signing and striping assets within project limits utilizing GIS and other aerial imagery, field reconnaissance and confirmation of the existing conditions of each project area, evaluation of proposed bike lanes/routes per the County’s Master Bicycle Plan, implementation of updates to signing and striping per the latest CA MUTCD and County design standards, and preparation of construction drawings with proposed improvements and all comments addressed. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 6 | Page Dokken Engineering has delivered over 30 roadway and public works task orders for the City of Santee under the As-Needed contract. Representative Task Orders include: San Diego River Trail – Walker Reserve: The River Trail project included the creation of a 1.2 mile long 14-foot-wide public trail for pedestrian, equestrian, and bicycle along the San Diego River between Magnolia and the Lakeside baseball fields. Dokken completed the Preliminary Engineering concept plans, final plans, specifications, and estimate for the project, and provided design support during construction. The project was awarded as 2015 Project of the Year from both ASCE and APWA. Extension of Staff: Dokken has provided a full-time engineer to the City of Santee to assist in the delivery of in-house Capital Improvement Projects. Support was provided for design, bidding, and construction management. Via De Cristina Neighborhood Park: Dokken provided Preliminary Engineering, Final Design and Bidding and Construction Phase Services for this project from the Concept phase through final PS&E, and ultimately construction. This task order includes the creation of base maps, the identification of a concept plan for the park, preliminary engineering of the concept plan, final engineering, assessment of utility impacts or adjustments, and the construction cost estimate. The project was awarded as 2016 Project of the Year from ASCE. SR 67/Woodside Avenue Roundabout: Dokken provided preliminary engineering, environmental approval, and PS&E for the SR-67 and Woodside Avenue Roundabout project in the City of Santee. The interchange improvements consist of constructing a roundabout between the end of the off-ramp at Woodside Avenue and will be the first roundabout constructed on a freeway off-ramp in Caltrans District 11. Heatherdale Storm Drain Design Services: Dokken prepared a design survey for the Heatherdale Storm Drain project. The project required a design survey along the storm drain easement between Heatherdale Street and Fairlawn Street from Meador Terrace to Lea Terrace. Dokken mapped the easement boundaries per the existing record drawings. CITY OF SANTEE AS- NEEDED ENGINEERING SERVICES Santee, CA CLIENT: CITY OF SANTEE 10601 Magnolia Avenue Santee, CA 92071 REFERENCE: Carl Schmitz, PE (619) 258-4100 x175 cschmitz@cityofsanteeca.gov SCOPE OF SERVICES:  Project Management  Roadway Design  Trail Design  Project Management  Alignment Study  Landscape and Irrigation Design  Hydrology/Hydraulic Studies  Multi-Agency Coordination  Geotechnical Pavement Investigation  Community Outreach  Utility Conflict Resolution  Right of Way  Water and Sewer  Electrical and Traffic Signal  Water Quality KEY PROJECT PERSONNEL:  Michael Greer  Mark Tarrall  Darwin Cruz  Charles Tornaci  Joe Ostdiek  Jena Addenbrooke CONTRACT VALUE:  $3.7 Million to Date Mast Park Improvements: Dokken was responsible for the Preliminary Engineering, Environmental Analysis and Documentation, and Final Design for this project which redeveloped and enhanced the existing 30-acre public park. Project features included a new, prefabricated restroom facility, prefabricated disc golf concession building, disc golf course, an extended paved parking lot that would accommodate an additional 41 parking spaces for a total of 70 parking spaces, new play structures, shade structures, park benches, picnic tables, informative signage, basketball court, and fencing. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 7 | Page The City of Palm Desert identified the San Pablo Avenue Corridor as a key area for transformation to create a downtown/city center north of Highway 111. Dokken was selected by the City to complete PS&E for the Phase I reconfiguration of the San Pablo Avenue Corridor to comply with the goals of the adopted City General Plan. While providing construction support for Phase I, Dokken staff assisted the City with submittal of an ATP Grant Application to fund Phase II improvements. Successfully being awarded the ATP Grant, the City again selected Dokken to complete the Phase II PS&E work. The City hosted public outreach events and the feedback was overwhelmingly positive for the transformation of the corridor into a new downtown area for Palm Desert. Both phases proposed a “road diet” to reduce the existing travel lanes on San Pablo Avenue from four to two between Highway 111 to Magnesia Fall Drive. The project included components such as roadway improvements, bike lanes, ADA curb ramps, bulb-outs, planter islands, drainage facilities, traffic signal improvements, expansion of street parking, landscaping, and installation of artistic features. The design included widened, multi-level sidewalks with shade trees and street furniture, enhancements to the existing community gardens, parking improvements throughout the corridor, and construction of single-lane roundabouts at three intersections. Both phases also added raised midblock crosswalks with in-pavement roadway warning lights to improve pedestrian safety and mobility. Construction of Phase I was completed in June 2020 and included improvements from Highway 111 to Fred Waring Drive along the San Pablo Avenue corridor. The Phase I corridor improvements provide pedestrians, cyclists, and motorists with a fun and safe experience near shopping, restaurants, schools, and civic buildings. Varied mini park improvements included installation of a bocce ball court, exercise, play and musical equipment, along with ample seating. SAN PABLO AVENUE CORRIDOR IMPROVEMENTS, PHASE I & II Palm Desert, CA CLIENT: CITY OF PALM DESERT 73510 Fred Waring Drive Palm Desert, CA 92260 REFERENCE: Ryan Gayler (760) 346-0611 rgayler@cityofpalmdesert.org SCOPE OF SERVICES:  Project Management  Green Street Design  Roadway Improvements  Roundabout Design  Streetscape Improvements  Landscape & Irrigation  Water Quality  Hydraulics/Hydrology  Utility Coordination  Street Lighting/Traffic Signals  Signing and Striping  Public Art  Multi-Agency Coordination  Design Support During Construction KEY PROJECT PERSONNEL:  Michael Greer  Justin Thornber  Charles Tornaci  Joe Ostdiek CONTRACT VALUE:  $905,415 Construction of Phase II was completed in July 2021 and included improvements from Fred Waring Drive to Magnesia Falls Drive along the San Pablo Avenue Corridor. The Phase II corridor improvements differ to Phase I by providing a separated cycle track for bikes and neighborhood electric vehicles that connect the City’s offices, recreational space, and the College of the Desert with Phase I. The storm drain and water quality treatment design required coordination with utility agencies to gain approval of clearances over existing water supply and sewer lines. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 8 | Page A.5 ADDITIONAL INFORMATION The team we have assembled for this contract, including subconsultants Geocon West , Guida Surveying, and Fehr & Peers, have been working together for over ten years on a variety of project types, including roadway and structure widening, streetscape and bike/ped improvements, as well as drainage infrastructure projects with flood control coordination. Section B: Team Qualifications and Experience B.1 STAFFING Our team has the technical ability and available capacity to fully deliver any task order issued through this contract. We have successfully provided on-call services for the City of San Diego, City of Santee, City of Encinitas, City of Carlsbad, MTS, NCTD, Caltrans, and SANDAG. We work on public works projects on a daily basis and have the ability to be adaptive and flexible to meet our clients’ needs under an on-call partnership. Dokken has a stellar performance record, and we are proud of our reputation of being responsive and proactively solving project challenges. The key team members were specifically selected to support this contract not only for their technical excellence, but also for their personal dedication to client service and delivery. The following chart provides projected availability of our key staff to complete as-needed services for you under this contract: B.2 AVAILABILITY OF RESOURCES Dokken Engineering is a mid-size public works and environmental services firm with over 140 industry professionals in three California offices capable of handling the workload to support multiple concurrent task orders for the City of Palm Springs. This team consists of licensed professionals including Civil Engineers, Structural Engineers, Planners, Environmental Scientists, and many other professionals. Dokken has 40 public works engineers working out of the San Diego office. Dokken can handle the entire contract capacity IN-HOUSE should the need arise. Our no-bureaucracy culture enables us to be adaptable and nimble, which will allow us to reallocate staff workloads to meet the demands of this contract. We also have additional resources in our Sacramento office and our subconsultants to support this contract and the completion of task orders. B.3 KEY STAFF QUALIFICATIONS To meet the City’s needs, we have organized a team that has a proven track record and availability to deliver this project, having maximum flexibility to meet the contract’s needs. The following table summarizes the experience and qualifications of our key proposed personnel. NAME ROLE 2024 2025 2026 2027 2028 2029 Michael Greer, PE, TE Contract/Project Manager 55% 60% 70% 70% 75% 80% Mark Tarrall, PE Principal in Charge | QA/QC Manager 30% 30% 30% 30% 30% 30% Mary Elizabeth Westrum, PE Task Order Manager 45% 50% 50% 55% 60% 65% Darwin Cruz, PE Task Order Manager 60% 70% 80% 80% 80% 80% Kimberly Wender, PE Task Order Manager 60% 65% 75% 80% 85% 85% Justin Thornber, PE Civil Engineering 60% 60% 65% 75% 80% 80% Zach Liptak Environmental Planning/Regulatory Compliance 40% 40% 45% 50% 50% 60% Ashley Orsaba-Finders, PE, QSD/P Water Resources 40% 40% 45% 50% 50% 60% Chris Aguirre Grant Writing | Public Outreach 55% 60% 65% 75% 75% 75% Jamie Formico SR/WA Right of Way Coordination 40% 45% 45% 50% 55% 55% Charles Tornaci, PE Structural Engineering/Bridge Inspection 50% 50% 60% 65% 70% 75% Joe Ostdiek, PE, TE Traffic Engineering 55% 60% 60% 65% 65% 70% Jena Addenbrooke, PE Utility Coordination 65% 70% 75% 75% 75% 80% Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 9 | Page Name, Role, and Years of Experience Education and Licenses/Certifications Areas of Expertise Michael Greer, PE, TE Project Manager 16 years (All with DE) • BSCE • CA PE #79080 • CA TE #2845 • Project Management • Roadway/Roundabout Design • Complete Streets Mark Tarrall, PE Principal-in-Charge | QA/QC 25 years (15 with DE) • MSCE • BSCE • CA PE #71953 • Project Delivery • Project Management • Quality Control Mary Elizabeth Westrum, PE Task Order Manager 18 years (All with DE) • BSCE • CA PE #75418 • Civil Design • ADA Design • Complete Streets Darwin Cruz, PE Task Order Manager 17 years (All with DE) • BSCE • CA PE #76601 • Roadway Design • Stage Construction Kimberly Wender, PE Task Order Manager 16 years (1 with DE) • BSCE • CA PE #85674 • CA QSD #85674 • Civil Design • Storm Drain Design • Water/Sewer Justin Thornber, PE Civil Engineering 14 years (6 with DE) • BSCE • CA PE #83368 • Complete Streets • Roundabout Design • Construction Support Zach Liptak Environmental 12 years (All with DE) • BS Environmental Science • INCE • Environmental Applications of GIS • FHWA Traffic Noise Model 2.5 (TNM 2.5) • NEPA/CEQA Documentation • Noise Study Reports and Protected/Endangered • Species Compliance Ashley Orsaba-Finders, PE QSD/P Water Resources 17 years (6 with DE) • MBA • BSCE • CA PE #77894 • CA QSD/P #21380 • Drainage Design • Hydraulics/Hydrology • Water Resources Chris Aguirre Grant Writing | Public Outreach 18 years (5 with DE) • MS Community & Regional Development • BA Ethnic Studies • Grant Funding • Public Outreach Jamie Formico, SR/WA Right of Way Coordination 23 years (10 with DE) • BS Criminal Justice • CA Licensed Real Estate Broker #01445531 • Negotiations • Relocation Assistance Charles Tornaci, PE Structural Engineering/Bridge Inspection 24 years (All with DE) • BSME • CA PE #66058 • Bridge/Structure Design • Structural Analysis • Pedestrian Bridges • Advanced Planning Studies Joe Ostdiek, PE, TE Traffic Engineering 24 years (21 with DE) • BSCE • CA PE #65334 • Lighting Design • Signal Design • Electrical Systems Jena Addenbrooke, PE Utility Coordination 16 years (All with DE) • BSCE • CA PE #82544 • Utility Coordination • Utility Design • Stakeholder Coordination B.4 ORGANIZATIONAL CHART Leading our team and coordinating our team’s resources is Project Manager, Michael Greer, PE, TE. Michael brings 16 years of experience in providing civil and traffic engineering services for public agency projects. His client focused and time-sensitive approach to managing projects has resulted in expedited project completion, the quick restoration of traffic flow, and adherence to project budgets, schedules, and goals. Michael will be directly responsible for project management, team communication, and the coordination of all technical work to make sure that project issues and action items are addressed with input obtained from the appropriate stakeholders. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 10 | Page Dokken has assembled a highly qualified team to deliver the Rim Road Improvement Project. The following organization chart visually represents the structure of our proposed team and relationship between our Project Manager, key staff, and support staff. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 11 | Page B.5 KEY STAFF RELATED PROJECTS Our team is exceptionally qualified to deliver successful engineering and environmental projects. We have assembled a team comprised with experts that share our dedication to project delivery. The table below identifies our key personnel’s relevant projects previously or currently performed and the services provided. Detailed descriptions of these projects are included in the Appendix A: Resumes. Key Staff Relevant Project Experience Services Provided Michael Greer • East Palm Canyon Drive • Indian Canyon Bridge & Roadway Widening • San Pablo Avenue Streetscape • San Diego County On-Call • Prelim, Environmental, PS&E • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Mark Tarrall • City of Santee As-Needed Engineering • County of San Diego On-Call • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Mary Elizabeth Westrum • County of San Diego On-Call • City of San Diego H176826 As-Needed • City of Encinitas As-Needed Engineering Services-Civil Engineering • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Darwin Cruz • City of San Diego H176826 As-Needed • Miramar Street & Athena Circle • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Kimberly Wender • City of San Diego As-Needed • Madison Avenue • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Justin Thornber • San Pablo Avenue Streetscape • Caltrans District 1 & 2 On-Call • Prelim, PS&E, Construction Support • Prelim, PS&E, Construction Support Zach Liptak • East Palm Canyon Drive • City of Riverside Environmental On-Call • Prelim, Environmental, PS&E • Environmental Consulting Ashley Orsaba- Finders • Avenue 66 Water Transmission Main, Phase 1A and 1B • Bear Valley Bridge over the Mojave River • Avenue 66 Grade Separation • PS&E, Construction Support • Prelim, PS&E, Construction Support • PS&E, Construction Support Chris Aguirre • 2022 RAISE Grant • Del Rio Trail • Grant Funding Services • Community Outreach Jamie Formico • North Indio Flood Control • Avenue 54 Thermal Drop • Right of Way Engineering • Right of Way Engineering Charles Tornaci • City of Palm Desert BPMP • I-215/Scott Road Interchange • Schleisman Road Bridge Widening • BPMP, PS&E • Prelim, PS&E, Construction Support • PS&E, Construction Support Joe Ostdiek • San Pablo Avenue Streetscape • SR-18/Apple Valley Road Intersection • Prelim, PS&E, Construction Support • PS&E, Construction Support Jena Addenbrooke • Mid-Coast Corridor Transit Project • E Palomar Street Transit Station, Park & Ride and DAR at I-805 • Utility Project Management, Design & Coordination • PS&E, Utility Coordination, Construction Support B.6 PARTNERING ORGANIZATIONS Dokken Engineering is partnering with Geocon West, Inc. for geotechnical services, Guida Surveying, Inc. for surveying services, and Fehr & Peers for traffic engineering services to fulfill the scope of services for the On Call Civil Engineering Services contract. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 12 | Page Section C: Understanding of Project/Scope of Work C.1 PROPOSED APPROACH Technical Approach Dokken’s mission is to provide superior service to our clients for all their transportation and related infrastructure improvement projects. We achieve this mission by being responsive and flexible to our client’s needs. Dokken has developed a system to manage multi-task contracts that has been proven to be efficient, responsive, and flexible for our clients. Our system is simple; it is founded on clear communication within our team as well as with the City, which ultimately streamlines the project delivery process and allows all work to be completed on schedule and within budget. “Dokken did such a great job for us on the SANDAG/Source Point contracts that Santee hired them to be our own on call Consultant.” - Carl Schmitz, Director of Engineering, City of Santee Our proven approach for the successful delivery of projects includes: • Being Responsive. Nearly every engineering project is time sensitive, whether due to public safety, funding deadlines, permitting conditions, or environmental clearance requirements. Dokken understands the nature of these circumstances and places a high value on responsiveness and quick turnaround; as a result, we are perpetually ready to assist the City in taking advantage of limited windows of opportunity on short notice. The following flow chart illustrates the process involved in getting a task order executed. The Dokken team commits to immediately developing a scope, schedule, and fee after receipt of the City’s request for services. We have found that for time sensitive tasks it is often quicker to have Dokken prepare the initial scope after the first meeting with the City. This responsiveness and focus on communication will continue throughout the project. • Developing Comprehensive Scopes. A comprehensive scope is required to develop an accurate schedule and fee. Our goal is to accurately define the project scope and eliminate task order amendments. • Developing a Critical Path Schedule. Developing an accelerated schedule requires the ability to understand the entire development process and determine the schedule for critical path tasks. Each of Dokken’s projects is guided by a project baseline schedule, clearly indicating milestones, major activities, and deliverables at a level of detail appropriate to the project and phase. • Starting with the End in Mind. Successful engineering designs require foresight and proper perspective at all stages of the project’s development. Our focus considers the big picture from the start and refines the view to a more detailed perspective as the project progresses. While the project constantly evolves and adapts, our focus always points toward PS&E and construction. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 13 | Page • Preparing Detailed Preliminary Engineering. Detailed preliminary engineering provides the foundation for the project from concept to completion and results in accurate cost estimates at the beginning of a project that can be utilized for budgeting by the City. • Preparing Constructible PS&E Packages. Dokken uses a proven process that begins with base mapping and alternative development with construction in mind at every design phase. • Performing Effective Public Outreach. An effective public outreach plan reduces the potential for negative publicity and construction delays. Dokken is familiar with noticing, preparing for, and presenting at public outreach events and is ready for the key issues that come up at public meetings/workshops, such as right-of-way and construction schedule. • Being Responsive During the Construction Phase. Dokken’s focus is getting projects built. We will support City staff in bid evaluation and acceptance. We will prepare for pre-construction meetings, provide additional drawings as required, respond to RFIs, and review contractor submittals. Dokken’s no-bureaucracy culture and responsive team make us a very nimble consultant. This dexterity, combined with our knowledgeable and experienced staff, allows us to respond to a wide range of needs in a quick and thorough fashion. Our team is committed to responding quickly to task orders and ensuring each project is completed on time and within budget. Management Approach Our project management philosophy is to treat every client as if they are our only client. For us, project management means contract compliance, meeting budgets and schedules, maintaining accurate file systems, and assembling the appropriate team to do the job. It means monitoring subconsultant work, progress reporting, and assisting our clients with the hundreds of details involved with project delivery. “I look forward for the opportunity to work with Dokken Engineering on future projects. This team always was agreeable to provide additional support when called upon and put the delivery of the project first.” - Greg Gastelum, Former Acting Project Director, SANDAG Dokken uses a consistent project management approach on all projects. It is our goal to be an extension of City staff, with our team providing the resources and tools necessary to deliver the project with minimal oversight.  “No Surprises” Communication - Dokken maintains constant communication with our clients. Emerging issues are brought to our clients’ attention, along with proposed solutions.  Clear, Concise, and Complete Reporting - Dokken’s monthly progress reports include accomplished tasks, upcoming tasks, pending issues, and scheduled completion target dates. We coordinate and facilitate regular progress and team meetings and prepare all exhibits and handouts.  Project Schedule Monitoring - Each of Dokken’s projects is guided by a project baseline schedule, clearly indicating milestones, major activities, and deliverables at a level of detail appropriate to the project. The schedule drives the project, not the reverse.  Budget Control - The best way to control the budget is to follow the project schedule. This avoids costly over- runs and extended production times. The key to preserving budgets is to start on time, get it right, and submit the deliverable on deadline. In order to ensure that all technical work is coordinated, and project issues and action items are addressed, Michael is directly in charge of project management. Therefore, Michael, supported by experienced Task Order Managers, will: Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 14 | Page  Work with City’s Project Manager to develop and negotiate a realistic scope and budget for each task;  Prepare a Work Plan that provides definitive directions to the project team and includes specific instructions regarding means and methods assumptions included in the scope of work;  Implement communication protocols that facilitate communication between the City and the Dokken team, including face-to-face meetings, phone calls, email, written documents, and web meetings to meet the project needs.  Regularly compare the contracted scope and budget vs. actual real-time expenses;  Conduct frequent project team meetings to facilitate informed discussions and decisions and team consensus on solutions and action items. Schedule, including milestones and deliverables, is discussed at every team meeting;  Consistently use project tracking tools, such as Issues/Decision Logs, progress reports and schedule updates. These documents are frequently maintained and submitted to all team members and discussed at team meetings to ensure all issues are addressed and tasks successfully completed; and  Schedule QC activities with Mark Tarrall, PE, the QA/QC Manager, to ensure the project is meeting the project goals at key milestones of design. Michael will also assess the short- and long-term needs of each task order to ensure that our Dokken team is appropriately staffed and available for the duration of the contract. Michael is also available to meet with the City project delivery staff to review the performance of our team and/or to help the City develop ideas to mitigate any challenges before they become an issue. Task Orders will be centralized and staffed from our San Diego office with support from our Folsom and Redding offices, as needed. Quality Assurance/Quality Control The Dokken Team is committed to the City in delivering project documents whose quality exceeds industry standards. Quality is not just a priority; it is one of our core values. From the project inception, QA/QC procedures will be implemented in accordance with the project Quality Management Plan. Our procedures incorporate continuous product review cycles during plan development, as well as a series of formal review procedures completed for major project deliverables. The review of deliverables needed to satisfy the QA/QC procedure is built into our proposed schedule. Mr. Mark Tarrall, PE, will be the QA/QC Manager for all task orders. He will ensure all deliverables are QC reviewed by a Senior Engineer prior to submittal. The documents will then be revised as needed to address the QC review. Prior to submittal, Mark will provide quality assurance by verifying all comments were properly addressed. He will develop the Quality Management Plan which will describe the processes and the procedures, including checklists to be followed on all task orders. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 15 | Page We take quality very seriously, as a quality plan set provides the most competitive bidding opportunities for projects and helps keep projects within their overall budgets, ultimately resulting in high-quality projects being built, on time with minimal or no change orders. C.2 STATE AND FEDERALLY FUNDED PROJECTS Every Dokken Engineering project requires coordination and compliance with State and Federal regulations. Our team has extensive experience working with Caltrans, Federal Highway Administration, and Federal and State Resource Agencies. Our team understands the Caltrans project development process and has obtained invaluable insight into the local agency side of project funding, programming, authorization paperwork, and Federal regulations that apply to local agency project delivery with Caltrans oversight. We will use these skills and knowledge (from the delivery of over 3,000 projects) to ensure projects are successfully delivered and compliant with oversight agency requirements. Our team has prepared numerous funding applications for local agencies and has been able to secure these funds for local agencies to deliver their project improvements. We have successfully delivered projects with Federal funds and understand the requirements to deliver a project on time and within budget. The City may utilize Federal funding for some of their projects. Therefore, the process to obtain project approval for funding and develop plans, specifications, and construction cost estimate (PS&E) for these projects must follow standard Caltrans and FHWA requirements, which include compliance with the National Environmental Policy Act (NEPA). Dokken Engineering’s environmental staff has extensive experience with NEPA/CEQA policies and procedures. We have a close relationship with Caltrans environmental staff and we will assist the City with all Federal Caltrans paperwork and requirements. Dokken Engineering will work closely with the design team to ensure that the projects do not have any unmitigatable environmental impacts. We are prepared to address project impacts by including reasonable avoidance and minimization solutions early in the project design phase. The flow chart to the right identifies the Local Assistance Process and demonstrates our understanding of the paperwork required. Since our team has a proven track record of project delivery, we know the steps in this process, when exhibits need to be submitted but also when the federal agencies hold all additional funding requests in order to close out their fiscal year. Additionally, our team are experts in working with local agencies utilizing federal funds. Understanding the process is important, but it is also necessary to have established relationships with the Caltrans reviewers. Understanding their specific requirements allows our clients project to move forward without delay. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 16 | Page C.3 COORDINATION APPROACH As an extension of City staff, Michael and his team will use a suite of communication mechanisms to keep the City informed and to maintain the project schedule. The following diagram identifies the five key communication methods we will utilize to deliver this contract for the City of Palm Springs. Internal: Dokken has long-standing relationships with our subconsultants, and we have well-established communication protocols that all team members understand. We host weekly internal team conference calls to track progress and keep everyone current on project status and recent decisions that affect their awareness and productivity. We also utilize shared checklists, spreadsheets, and notes lists to keep all appraised of revisions. External: Our number one goal when working with our clients is successful project delivery. We identify risks early in the process and develop ways to mitigate these risks. We work closely with our clients to keep them informed on the status of their project and any pending decisions, and we are extremely responsive to their needs. Dokken will also serve as an extension of staff on this contract and as requested can act as the principal point of contact for the City with stakeholders, resource agencies, residents, and utility providers. Michael will ensure that the delivery schedule is being managed, and that the City is controlling the project schedule and not the agencies or other stakeholders. Michael will keep the City informed of all communications with outside agencies and elevate key decisions to City staff as required for efficient processing. C.4 IDENTIFYING PROJECT PROBLEMS, ISSUES OR CONFLICTS/INNOVATIVE TECHNIQUES Dokken Engineering is committed to fostering a collaborative relationship with the City of Palm Springs to effectively identify and resolve project-related issues. Our approach begins with a thorough assessment of each project or task order’s scope, engaging in open dialogues with the City’s Project Manager, City officials, stakeholders, and community members to understand their concerns and priorities. We believe that early identification of potential conflicts, whether they are technical, regulatory, or community-based, is crucial to ensuring a smooth project lifecycle. Regular meetings and workshops will be held to facilitate this process, allowing us to address any emerging challenges collaboratively and proactively. In the event that unforeseen problems arise during the project, our team employs a structured problem-solving methodology that emphasizes flexibility and innovation. We prioritize real-time data collection and analysis, leveraging advanced technologies such as Geographic Information Systems (GIS) and 3-D Modeling with Rendering to visualize project parameters and anticipate potential conflicts. For instance, in a recent bridge and utility installation project, we encountered unexpected subsurface conditions. By utilizing 3D modeling techniques and a collaborative approach to design, we were able to quickly perform calculations, identify alternative solutions, and adapt our plans to minimize delays, thereby maintaining project momentum. Additionally, our team emphasizes continuous learning and improvement with training of staff via our in-house Dokken Academy where senior engineers pass on knowledge to juniors. We regularly conduct post-project evaluations to capture lessons learned and refine our processes. This iterative approach has led to the development of innovative techniques, such as our "Rapid Response Framework," which allows us to swiftly mobilize resources and expertise to address issues as they arise. By combining proactive planning with adaptive problem-solving, Dokken Engineering is well-equipped to navigate the complexities of projects in partnership with the City of Palm Springs, ensuring that we deliver high-quality outcomes that meet the community’s needs. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 17 | Page C.5 PROJECT CONTROLS Cost Management Dokken understands local agencies stretch every dollar to maximize the project benefit and also leverage these local dollars with State and Federal Grants and Programs to further deliver their CIP. Project construction cost management is performed from preliminary engineering through final Plans, Specifications and Estimate (PS&E) to ensure the most economical project is constructed which meets the project goals. Each new Task Order is thoroughly studied to identify all tasks required to develop and produce the PS&E ready for advertisement. Because we have delivered over 3,000 projects in 38 years and deliver multiple infrastructure projects to construction every year, we know what needs to be done and include that right up front in the scope to avoid the need for contract amendments. Dokken staff takes pride in completing projects within the agreed upon budget. Our success is proven by the number of projects out to construction each year. For 2023, Dokken delivered 21 projects to construction totaling $183M in construction value. Our cost control starts with making sure task order assignments are given to the appropriate staff with the expertise that aligns with the needs of the project. Correctly maintaining the budget is achieved through application of several different cost tracking methods. This includes tracking progress (i.e., percent complete) and comparing to costs incurred in order to assess project’s budget status. Dokken will use City standards and formats, making invoice review streamlined and familiar to the City. Michael will monitor the project’s progress on a weekly basis and will use the following approaches to maintain a project’s schedule: • Assign staff with the appropriate level of expertise that can develop and deliver submittals correctly the first time and avoid costly rework. • Create a detailed project schedule that outlines all tasks, including QC efforts, and tasks to be performed by City staff, with completion dates necessary to achieve the overall schedule goal. • Frequently check-in with the team’s production staff to update on task progress and implement corrective measures to maintain schedule. • Conduct project team meetings during which task progress is discussed related to schedule and tasks means and methods are discussed to ensure production staff remain on the path identified at the project onset. • Develop thorough meeting minutes and holding team members accountable with specifically identified deadlines and decisions. Schedule Management The project’s schedule will be monitored, and staffing adjusted, to meet milestones. Performance is monitored through quality control checks, review of actual versus planned progress, completion of action items prepared after meetings, monthly invoicing, and progress reporting. Dokken has found the best way to control budget is to ensure the project schedule is followed. This method avoids costly over-runs and extended production times. The key to preserving budgets is to start on time, get it right, and submit the deliverable on time. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 18 | Page Utilizing the same design working group from the project beginning to the end ensures consistent thought and engineering practice, while eliminating wasteful hours spent “getting familiar” with a project. Our team uses Microsoft Office products, including MS Project, to develop and maintain the critical path project schedule. The MS Project schedule will be supplemented with a deliverables schedule that identifies all project deliverables and submittal dates. The deliverables schedule is a critical project management tool because it specifies what is being delivered to the City and when it is to be submitted. The deliverables schedule will be updated monthly and discussed at the monthly team meeting to track the status of completed, in-progress and upcoming deliverables. One component to schedule management is communication. Maintaining a monthly project team meeting, and focus meetings when an issue requires resolution, will ensure the project schedule is held. We will work closely with your project staff to keep you informed on the status of your project and any pending decisions. Another component to maintaining the project schedule is identification of risks early in the process and developing ways to mitigate these risks. C.5 ADDITIONAL CONSIDERATIONS Palm Springs has historically faced challenges in delivering capital improvement projects due to factors like limited funding, complex permitting processes, community opposition to certain projects, the aging infrastructure of the city, and the unique desert environment which can impact construction timelines and costs significantly, particularly with regards to extreme heat and potential geological issues. Key challenges include: Budget constraints: Maintaining a balance between necessary infrastructure upgrades and other city priorities, especially when facing fluctuations in tourism revenue. Community concerns: Navigating diverse community opinions, including tribal communities, on development plans, particularly when projects may impact the city's aesthetic, cultural, or historical character. Permits and regulations: Complex bureaucratic processes for obtaining permits, including environmental permits from regulatory agencies, which can delay project timelines and increase costs. Infrastructure age: Dealing with aging underground and overhead utilities, depleting aquifers, and roadways that require significant rehabilitation or replacement. Desert environment challenges: Extreme heat impacting construction schedules and worker safety, as well as potential geological issues like fault lines that may require additional mitigation measures. Seasonal fluctuations: Tourism-driven economic fluctuations making it difficult to consistently fund large capital projects and a challenge to build due to heavier traffic volumes during certain times of year. C.6 KEY/CRITICAL ISSUES One of the projects that our team has highlighted within the City’s Capital Improvement Program is the proposed roundabout at Indian Canyon Drive / South Palm Canyon Drive / East Camino Parocela. This five-legged intersection Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 19 | Page is the southerly terminus for the segments of Indian Canyon Drive and South Palm Canyon Drive that traverse the shopping district of downtown Palm Springs. The north-south travelling roadways merge at this intersection with East Camino Parocela, which takes traffic westerly towards Belardo Road or easterly into the local residential neighborhood. Our proposed contract manager, Michael Greer, has developed several complex roundabout designs and presented at a national roundabout conference to share his experiences with other roundabout designers. We understand the benefits that come with proper roundabout designs, but also the pitfalls that can potentially be overlooked when initially evaluating alternatives. At this intersection, one key factor to a viable roundabout design will be improving visibility for all turning movements to ensure safety is provided through open sight lines and clearly defined paths of travel. Throughout the desert region, weather patterns are ever evolving with wind gusts and winter storms seemingly increasing in size year after year. The blow sand found throughout the northerly part of the City, adjacent to the railroad tracks, is both a valuable resource for the environment and a challenge for construction. Dokken Engineering is dedicated to collaborating closely with the City of Palm Springs to protect and preserve valuable resources such as blow sand and water during future project planning and execution. Our approach begins with a comprehensive environmental impact assessment that identifies key resources and evaluates potential risks associated with construction activities. By engaging in this early-stage analysis, we can develop strategies that minimize disruption to these critical natural resources. Our team of experts will continue to work with the City to help identify opportunities for improved collaboration with regulatory agencies to ease the burden on contractors during construction. We understand the techniques that have been employed in the past to help mitigate environmental impacts and we can help implement strategies to reduce costs and save time on future projects. To protect blow sand, which plays an essential role in the local ecosystem, we will implement erosion control measures and establish protective buffers around sensitive areas. Our team will utilize best management practices (BMPs) to prevent sand displacement and maintain its integrity throughout the project. Regular monitoring and adaptive management strategies will ensure that any unforeseen impacts are addressed promptly. Water conservation is equally paramount. We will work with the City on projects, like the proposed improvements at DeMuth Park, to integrate sustainable water management practices into our projects, such as employing water- efficient technologies and designing systems that minimize runoff and promote groundwater recharge. This may include the use of permeable materials in infrastructure projects and the implementation of rainwater harvesting systems where feasible. Additionally, our team will coordinate with local water authorities to align our efforts with broader water conservation initiatives, ensuring that we are not only compliant with regulations but also actively contributing to the city’s sustainability goals. Section D: Financial Responsibility D.1 STATEMENT OF FINANCIAL HEALTH Dokken is a growing, financially responsible firm with the majority of our business coming from repeat clients. Dokken is financially sound and has no long-term debt. We promptly pay our subconsultants and vendors, evidenced by our Class 1 credit ratings with Dun & Bradstreet (DUNS #15-020-9971). For all our years in business, we have maintained insurance coverage that exceeds industry standards through reputable insurance companies with the highest A.M. Best ratings. As a California Corporation for the past 38 years, there are no planned or anticipated changes in our business organization or operations. Dokken meets all of Caltrans’ A&E Consultant Audit and Review Process requirements and successfully navigates the process with every one of our projects subject to Caltrans oversight. We have our financial statements and overhead rate voluntarily audited annually by an independent CPA to expedite the Caltrans audit process and to ensure that our financials and indirect cost rate comply with all Federal funding rules. Our accounting staff and independent auditors regularly attend Caltrans Audits and Investigations training sessions to ensure that we are up to date with the latest requirements. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A SECTION E: FORMS (ATTACHMENTS) Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “A” SIGNATURE AUTHORIZATION NAME OF COMPANY(RESPONDER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACT PERSON EMAIL ADDRESS A.I hereby certify that I have the authority to submit this Request for qualifications to the City of Palm Springs for the above-listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Request for qualifications. PRINTED NAME AND TITLE SIGNATURE AND DATE B.The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1.If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners’ names: A company; A corporation If a corporation, organized in the state of: 2.My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the RFQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your request for qualifications. Failure to acknowledge the Addenda issued may result in your request for qualifications being deemed non- responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Dokken Engineering 110 Blue Ravine, Suite 200 (916) 858-0642 (916) 836-9631 (858) 514-8608 John A. Klemunes Jr.jklemunes@dokkenengineering.com John A. Klemunes Jr., President 10/16/2024 X California 68-0099664 X Folsom, CA 95630 N/A Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Title: Date: President 10/16/2024 ATTACHMENT “C” NON-COLLUSION AFFIDAVIT The undersigned, deposes and says that he or she is John A. Klemunes Jr., President of Dokken Engineering , the party making the foregoing Request for qualifications. That the Request for qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Request for qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Request for qualifications, or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Request for qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Request for qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Request for qualifications. Signature: Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “D” CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION 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 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. Covenant Against Discrimination. In connection with its performance under the 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”). Consultant 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, 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. NAME OF RESPONDER: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) (Date) Dokken Engineering John A. Klemunes Jr., President 10/16/2024 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “E” PUBLIC INTEGRITY DISCLOSURE Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: •the owner/investor and the official have done business together during the year prior to the application; •the official has earned income from the owner/investor during the year prior to the filing of the application; •the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or •the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? •The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). •Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). •The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney. Penalties: Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. There are some additional supplementary instructions with an example following the form should you need further clarification. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity 2. Address of Entity (Principal Place of Business) 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No 5. Type of Entity  Corporation  Limited Liability Company  Partnership  Trust  Other (please specify) 6.Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity  Officer  Director  Member  Manager [name]  General Partner  Limited Partner Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other Richard Dokken, Chairman Richard Liptak, CEO John A. Klemunes, Jr., President Dokken Engineering 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 California X X X X X X X Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 3. Local or California Address (if different than #2) If other than California, is the Entity also registered in California?  Yes  No 5. Type of Entity  Corporation  Limited Liability Company  Partnership  Trust  Other (please specify) 6.Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity  Officer  Director  Member  Manager [name]  General Partner  Limited Partner Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other Continued Matthew Griggs, Vice President Cathy Chan, Secretary Mark Tarrall, Vice President and ESOP Trustee 1. Name of Entity Dokken Engineering 2. Address of Entity (Principal Place of Business) 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 4. State where Entity is Registered with Secretary of State California X X X X X X Trustee X Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 3. Local or California Address (if different than #2) If other than California, is the Entity also registered in California?  Yes  No 5. Type of Entity  Corporation  Limited Liability Company  Partnership  Trust  Other (please specify) 6.Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity  Officer  Director  Member  Manager [name]  General Partner  Limited Partner Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other  Officer  Director  Member  Manager [name]  General Partner  Limited Partner  Other Continued 2. Address of Entity (Principal Place of Business) 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 4. State where Entity is Registered with Secretary of State California 1. Name of Entity Dokken Engineering X Sarah Holm, Dokken Engineering ESOP Trustee Rob Burns, Dokken Engineering ESOP Trustee X X Trustee Trustee Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “F” REFERENCES Reference 1 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: Reference 2 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: Reference 3 Organization name: Contact and title: Address: Phone number: Email Address: Effective date of contract: Value of Contract: County of San Diego Keith Kezer, PE Project Manager $3.6 Million keith.kezer@sdcounty.ca.gov (858)495-57525500 Overland Avenue, Suite 320 San Diego, CA 92123 Description of products/services provided: Street Improvements, Civil/Site/Path, Project Management, 11/09/2016 City of Santee 10/20/2013 Project Management, Roadway Design, Trail Design, Alignment 10601 Magnolia Avenue Santee, CA 92071 Carl Schmitz, PE (619) 258-4100 x175 cschmitz@cityofsanteeca.gov Ryan Gayler, PE Capital Projects Manager City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 rgayler@cityofpalmdesert.org (760) 346-0611 x393 $905,415 Description of products/services provided: Project Management, Green Street Design, Roadway Improvements, Roundabout Design, Streetscape Improvements, Landscape & Irrigation, Water Quality Hydraulics/ Hydrology, Utility Coordination, Street Lightning/Traffic Signals, Signing and Striping, Public Art, Multi-Agency Coordination and, Design Support during Construction 03/22/2018 $3.7 Million Description of products/services provided: Hydrology/Hydraulics/ Drainage, Geotechnical Services, Construction Support/Inspection, Traffic Signal Design, Structural Design, Bid Document & Specification, Storm Water, Constructability Review, Utility Design & Construction, Traffic Engineering & Planning, Pedestrian, Bicycle & Urban Trail Planning, Landscape Architecture, Environmental Support Study, Landscape and Irrigation Design, Hydrology/Hydraulic Studies, Multi-Agency Coordination, Geotechnical Pavement Investigation, Community Outreach, Utility Conflict Resolution, Right of Way, Water and Sewer, Electrical and Traffic Signal, Water Quality Director of Engineering/City Engineer Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “G” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: 10/16/2024 Dokken Engineering President John A. Klemunes Jr. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. John A. Klemunes Jr.President 10/16/2024 (916) 858-0642 jklemunes@dokkenengineering.com 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Lysa Wollard CFO 10.07.2024 925.977.3200 l.wollard@fehrandpeers.com 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles {GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Neal Berliner, GE Title*: President Signature: Date of Certification {mm/dd/yyyy): 10/08/2024 Phone Number: 818.841.8388 Email: Berliner@geoconinc.com Address: 500 N. Victory Blvd Burbank, CA 91502 _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Bernie McInally, PLS Executive Vice President 949-777-2000 10/03/2024 bmcinally@guidainc.com 220 Commerce, Suite 150, Irvine, CA 92602 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “H” FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 168.78% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 12% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal in Charge $135 $406.40 QA/QC Manager $115 $346.19 Project Manager $105 $316.09 Senior Engineer 3 $105 $316.09 Senior Engineer 2 $95 $285.98 Senior Engineer 1 $85 $255.88 Associate Engineer 2 $75 $225.78 Associate Engineer 1 $65 $195.67 Assistant Engineer 2 $55 $165.57 Assistant Engineer 1 $40 $120.41 Senior CAD $85 $255.88 CAD/Engineering Technician 2 $60 $180.62 CAD/Engineering Technician 1 $45 $135.47 Environmental Manager $95 $285.98 Principal Planner $90 $270.93 Senior Environmental Planner $80 $240.83 Associate Environmental Planner $60 $180.62 Environmental Planner $40 $120.41 Environmental Technician $25 $75.26 Right of Way Manager $85 $255.88 Senior Right of Way Agent $70 $210.72 Right of Way Appraiser $40 $120.41 Right of Way Agent $40 $120.41 Right of Way Assistant $25 $75.26 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “H” FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 181.39% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE1 FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal $112.98 $349.71 Senior Associate $79.33 $245.55 Associate $65.38 $202.37 Senior Engineer/Planner $55.77 $172.62 Engineer/Planner $42.55 $131.70 Project Coordinator $49.52 $153.28 1. Based on current billing rates. Billing rates adjusted July of each year. Billing rates utilized will be based on actual hourly rates multiplied by the current audited overhead rate. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “H” FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 202.25% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) PRINCIPAL ENGINEER 80.00 265.98 SENIOR ENGINEER 70.00 232.73 SR. PROJECT ENGINEER 60.00 199.49 PROJECT ENGINEER 48.33 160.69 SR. STAFF ENGINEER 44.50 147.95 STAFF ENGINEER 30.13 100.17 SENIOR GEOLOGIST 72.50 241.04 SR. PROJECT GEOLOGIST 44.75 148.78 PROJECT GEOLOGIST 44.75 148.78 SR. STAFF GEOLOGIST 37.00 123.02 STAFF GEOLOGIST 31.17 103.63 SENIOR FIELD TECHNICIAN 33.22 110.45 SENIOR FIELD TECHNICIAN - PREVAILING WAGE 59.18 196.76 FIELD TECHNICIAN 26.41 87.81 FIELD TECHNICIAN - PREVAILING WAGE 59.18 196.76 SPECIAL INSPECTION 28.50 94.76 SPECIAL INSPECTION - PREVAILING WAGE 60.96 202.68 DRAFTSMAN 33.50 111.38 WORD PROCESSING 29.83 99.18 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A ATTACHMENT “H” FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 211.90 PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Survey Principal $100.00 $343.09 Survey Manager $85.00 $291.63 Senior Project Surveyor $70.00 $240.16 Project Surveyor $65.00 $223.01 Senior Survey Analyst $55.00 $188.70 Survey Analyst $50.00 $171.55 Survey Technician $45.00 $154.39 Project Coordinator $35.00 $120.08 Licensed Party Chief* $73.76 $253.06 Certified Party Chief* $66.06 $226.65 Party Chief* $64.01 $219.61 Instrumentman* $57.36 $196.80 Chainman* $56.78 $194.81 Apprentice G* $45.42 $155.83 Apprentice F* $42.59 $146.12 Apprentice E* $39.75 $136.38 Apprentice D* $36.91 $126.63 Apprentice C* $34.07 $116.89 Apprentice B* $28.39 $97.40 Apprentice A* $25.55 $87.66 *Prevailing Wage Classification Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A APPENDIX A: RESUMES Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-1 | Page Appendix A: Resumes Mike Greer, PE, TE PROJECT MANAGER Education 2008, BS Civil Engineering, San Diego State University License/Certification California Professional Civil Engineer, #C79080 California Professional Traffic Engineer, #TR2845 Experience 16 years (All w/ Dokken) Mr. Michael (Mike) Greer manages the design of roadways, roundabouts, pedestrian / bicycle facilities, and complete streets in accordance with City, County, Caltrans, and AASHTO standards. He also works on traffic signals, lighting design, and other electrical infrastructure giving him the unique ability to foresee various potential issues related to traffic design. Mike has experience working in the field as a Roadway Inspector and Assistant Resident Engineer, allowing him the opportunity to gain valuable knowledge about construction equipment, practices, and techniques. As Contract/Project Manager, Michael will ensure sufficient resources are available to the team to complete all assigned tasks on schedule, within budget, and to the City’s satisfaction. He will be available to meet with and present to City leadership/stakeholders, assist with funding and obtain project approvals. East Palm Canyon Drive over Palm Canyon Wash Bridge Rehabilitation, Palm Springs, CA Project Manager | Responsible for the preliminary engineering, environmental support, and final PS&E for the retrofit, rehabilitation, and widening of the East Palm Canyon Drive Bridge over Palm Canyon Wash. The project will widen the existing East Palm Canyon Drive Bridge to provide a facility consistent with the City’s standard for a “major thoroughfare” and to better conform to the approach roadways; provide a facility that meets current design standards; and is consistent with the City of Palm Springs General Plan; seismically retrofit the East Palm Canyon Drive Bridge; construct sidewalk to provide safe pedestrian access; and, rehabilitate the pedestrian bridge deck and railings. Indian Canyon Bridge & Roadway Widening, Palm Springs, CA Project Manager | Responsible for the Preliminary Engineering, PS&E, Environmental Document, and Bidding Support services for the widening of Indian Canyon Drive from two lanes to six lanes. Dokken is also providing construction support to aid in building this project, which also includes replacing the Indian Canyon Drive Overhead structure over the Union Pacific Railroad. The Dokken Engineering team prepared a Traffic Operational Analysis Report, topographic mapping, geometric alternatives, preliminary grading/drainage design, geotechnical design studies and an engineer's estimate all documented in a Preliminary Engineering Report. The project included full examination of potential geometric alternatives and cost engineering analysis. San Pablo Streetscape Improvements, Phase I & II, Palm Desert, CA Project Engineer | Project Engineer responsible for the design and preparation of plans for the roadway (including pedestrian and roundabouts), traffic electrical, and traffic controlimprovements portions of this road-diet project. Roundabout Validation Reports, City Council Study Session on Roundabouts, and Position Paper on the Use of Roundabouts versus Stop Control at Intersections were specifically prepared. He assisted in stakeholder coordination. San Diego County On-Call: Traffic Striping and Signing Plans Associated with County of San Diego Road Maintenance Projects, San Diego County, CA Project Engineer | Task Order Manager responsible for the traffic striping and signing plans to support and assist the Department of Public Works for the past five fiscal years (FY17/18, FY18/19, FY19/20, FY20/21, and FY21/22). In total, traffic striping and signing plans for over 100 miles of roadway have been prepared, adding over 25 miles of new Class II bike lanes and 25 miles of new Class III bike routes to County roads during the contracted fiscal years. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-2 | Page Mark Tarrall, PE PRINCIPAL-IN-CHARGE | QA/QC MANAGER Education 1997, MS Civil Engineering, Georgia Tech 1996, BS Civil Engineering, Virginia Tech License/Certification California Professional Civil Engineer, #C71953 Experience 25 years (15 w/ Dokken) Mr. Mark Tarrall has over 25 years of experience and specializes in the management, permitting and design of transportation related projects including local roadway, interchange, bike path, highway widening, and transit projects. Mr. Tarrall has led both local agency and Caltrans projects through the concept planning, preliminary engineering, Environmental Document approval, right of way acquisition, and preparation of Final Plans, Specifications and Estimate (PS&E). He is experienced in geometric designs, ADA analysis, drainage design, utility coordination, environmental permitting, public outreach, and Caltrans and local agency procedures and standards. City of Santee As-Needed Engineering, Santee, CA Contract Manager of the As-Needed Contract for general civil engineering services. Dokken Engineering has been awarded over 30 Task Orders on this contract, including the preparation of plans, specifications and estimates for the San Diego River Trail, civil engineering extension of staff services, construction inspection services, survey services, preliminary and final design and bidding for the Ken Collier Neighborhood Park. County of San Diego On-Call, San Diego County, CA Task Order Manager for the On-Call contract, which provided various levels of civil engineering services to the County of San Diego. Mr. Tarrall was responsible for the $1M intersection improvements project at Buckman Springs Road and Oak Drive. The project involved changing the configuration of the intersection from a Y-intersection to a T-intersection, and re-grading drainage ditches and swales. Mary Elizabeth Westrum, PE TASK ORDER MANAGER Education 2006, BS Civil Engineering, Tufts University License/Certification California Professional Civil Engineer, #C75418 Experience 18 years (All w/ Dokken) Ms. Mary Elizabeth Westrum has significant experience in preparing PS&E packages, and providing design support during construction. Her duties include preparing various aspects of roadway design such as the design of horizontal alignments, vertical profiles and superelevation diagrams, roadway alternative analysis, stage construction and traffic handling, right-of-way engineering support, and preparation of cost estimates. County of San Diego On-Call, San Diego County, CA Task Order Manager for the Lemon Crest Drive Drainage Improvements project, Culverts Replacement FY 17-18 and FY 18-19 projects, and Otay/Alta Road Widening. She was responsible for the delivery of the PS&E for these projects. City of San Diego H176826 As-Needed Professional Engineering Services, San Diego, CA Task Order Manager for the as-needed contract, which provides various levels of civil engineering services to the City of San Diego. Representative projects include the Environmental Document Support and PS&E for the Golf Course Drive Improvement Project, PS&E for Polk Avenue ADA Curb Ramp Update project, PS&E for Site Improvements Design of Carmel Mission/Solana Highlands, the Feasibility Study for Carroll Canyon Road Extension, and the Black Mountain Mine Remediation project. As-Needed Engineering Services-Civil Engineering, Encinitas, CA Contract Manager responsible for delivery of PS&E for the South Coast Highway 101 HSIP and Cardiff Sports Park LED Retrofit projects, as well as the Nardo and Santa Fe Drainage Study. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-3 | Page Darwin Cruz, PE TASK ORDER MANAGER Education 2007, BS Civil Engineering, Cal Poly San Luis Obispo License/Certification California Professional Civil Engineer, #C76601 Experience 17 years (All w/ Dokken) Mr. Darwin Cruz has experience in all aspects of project design and project management for various transportation, utility infrastructure, and safety improvement projects in southern California. He has lead development of project planning reports, preliminary engineering studies and environmental documents, and PS&E packages for various City, County, University, regional agency, and Caltrans transportation projects. City of San Diego H176826 As-Needed Professional Engineering Services, San Diego, CA Contract Manager for the as-needed contract which provides various levels of civil engineering services. Representative projects include the Environmental Document Support and PS&E for the Golf Course Drive Improvement project which will widen Golf Course Drive to include buffered bike lanes and a 5- foot sidewalk, PS&E design for the Black Mountain Mine Remediation project which includes the installation of bat gates, culvert gates, cable net, fencing and signage to restrict entry to the facilities by the general public, and the Feasibility Study for Carroll Canyon Road Extension which includes multiple storm drain culvert crossings as well as water quality improvements. Miramar Street and Athena Circle Improvements, UCSD, San Diego, CA Project Engineer/Senior Engineer: Responsible for oversight in development of project conceptual designs, pre-design right of way research and surveying, along with preparation of construction documents for a new connector road between Miramar Street and Athena Circle, and utility infrastructure upgrades (gas, electrical, telecom, potable/reclaimed water, and sewer). Kimberly Wender, PE, QSD TASK ORDER MANAGER Education 2008, BS Civil Engineering, University of Connecticut License/Certification California Professional Civil Engineer, #C85674 California QSD, #85674 Experience 16 years (1 w/ Dokken) Ms. Kimberly Wender has 16 years of experience with both design and management for a broad range of infrastructure projects including transportation facilities, park and recreation projects, storm water management and drainage analysis. Kimberly provides a high-level of service through her expert project controls skills. Her success in managing the timely delivery of projects and meeting client goals is attributed to her commitment to ongoing communication and overall client satisfaction. City of San Diego As-Needed Engineering Services, San Diego, CA Project/Contract Manager for the multi-discipline team on various tasks for a total design fee of $1.5 Million. Completed numerous tasks, many of which required fast track design, close coordination with regulatory agencies, and permitting through Development Services. Tasks orders for this as- needed contract included projects such Carmel Creek and Carmel Del Mar Parks, Mira Mesa Drainage Study, College Area Sewer and Water Main Replacement, Navajo Storm Drain Replacement and Soledad Pump Station Upgrades. Madison Avenue, El Cajon, CA Project Manager for the Madison Avenue Safety Improvements project in the City of El Cajon. The project implemented safety countermeasures, including constructing curb extensions, installing new streetlights, Class II buffered bike lanes, high- visibility crosswalks, enhanced mid-block crossing and traffic signal modification. Provided preliminary civil engineering for a conceptual plan, survey and mapping, full PS&E, storm water compliance, and as- built plan preparation for the project. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-4 | Page Justin Thornber, PE CIVIL ENGINEERING Education 2010, BS Civil Engineering, San Diego State University License/Certification California Professional Civil Engineer, #C88901 Experience 14 years (6 w/ Dokken) Mr. Justin Thornber has a demonstrated history of civil design excellence specifically on- site development plans, construction plans, restoration plans, and grading and erosion control plans. Mr. Thornber is proficient using AutoCAD Civil 3D, Microstation Inroads, HydroCAD, ArcMAP, Flowmaster, Bluebeam, and Projectwise. San Pablo Streetscape Improvements, Phase 1 & 2, Palm Desert, CA Mr. Thornber was responsible for preparing the ATP cycle 4 grant application for San Pablo Avenue. He designed the driveways and curb ramps along the San Pablo corridor and developed the cost estimate separated by funding source to aid with funding decisions. He reduced construction cost by recommending grind and overlay work, instead of full depth removal, between Royal Palm Drive and Fred Waring Drive. Caltrans District 1 & 2 On-Call Contract, North Region, CA Associate Engineer whose responsible task orders included: Carlotta Curves Correction Project: Mr. Thornber was responsible for preparing the project report and final PS&E package for a stretch of State Route 36 from PM 10.5 to PM 10.8. The project is a safety improvement project that improves horizontal and vertical curves, widens lanes, and installs a new mechanically stabilized embankment and guardrail system and Highway 101 Redcrest Project: Mr. Thornber lead the design for the PS&E of this CAPM project located on Route 101 near Redcrest. The project repaired the existing flexible pavement in accordance with the guidelines of DIB81-01. Zach Liptak ENVIRONMENTAL Education 2014, BS, Environmental Science, CSU Sacramento License/Certification Institute of Noise Control Engineers (INCE) Environmental Applications of GIS for ESRI ArcMap GIS Mapping Software FHWA Traffic Noise Model 2.5 (TNM 2.5) Experience 12 years (All w/ Dokken) Mr. Zach Liptak is an Environmental Planner/Noise and Air Specialist with 11 years of experience in the various stages of environmental compliance including preparing and finalizing NEPA/CEQA environmental documents, regulatory permits, and environmental technical studies. Zach is skilled in scoping, inventory, and analysis of environmental resources, specifically noise and air, that may be impacted by the planning department and public works projects. East Palm Canyon Drive over Palm Canyon Wash Bridge Rehabilitation, Palm Springs, CA This project retrofit rehabilitated and widened the East Palm Canyon Drive Bridge over Palm Canyon Wash. Zach was responsible for collecting field data, conducting noise measures, and preparing the Traffic Noise Model and associated Noise Study Report. Zach also assisted with preparing the CEQA IS/MND, which was circulated and approved in 2018. Environmental Services On-Call, Riverside, CA Through the County’s on-call, Zach has been responsible for the Salt Creek Trail Project, a seven mile long trail, the Thermal Oasis Active Transportation Project, a 14 mile long trail, the Thousand Palms Canyon Road Widening Project, a roadway shoulder improvement projects, Skyview Pedestrian Bridge Project, a new pedestrian bridge over an environmentally sensitive wetland area, North Indian Canyon Roadway Widening, a two mile widening from two to four lanes, and multiple jurisdictional determinations for small culvert replacement projects. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-5 | Page Ashley Orsaba-Finders, PE, QSD/P WATER RESOURCES Education 2012, MBA, Drexel University 2007, BS, Civil Engineering, CSU Sacramento License/Certification California Professional Civil Engineer, #C77894 California QSD/P, #21380 Experience 17 years (6 w/ Dokken) Ms. Ashley Orsaba-Finders has over 17 years of experience in project management, civil engineering, site development, environmental engineering, municipal engineering, planning, and GIS analysis. She is experienced in design, hydraulic modeling, planning, drafting and design of civil engineering projects including roadways, water resources, utility design, site design, and pump stations. Avenue 66 Water Transmission Main, Phase 1A and 1B, Riverside County, CA During construction of the Avenue 66 Grade Separation project, utility relocations performed by IID impacted an existing 12” waterline running along Hammond Road. Ashley assisted with the drainage design for the relocation plans for approximately 825’ of waterline, including incorporating the upsizing of the existing line from 12” to 18”. Bear Valley Bridge over the Mojave River, Riverside County, CA Dokken provided alternatives analysis, PA&ED, final design, right of way, and funding support services for this HBP project to improve safety and widen the bridge to meet current design standards. Ashley was responsible for preparation of the roadway drainage report and the road/bridge drainage PS&E. Avenue 66 Grade Separation over SR-111/UPRR, Riverside County, CA Ashley was a drainage engineer for two separate Drainage Reports, one County and one Caltrans, and the design and analysis of retention basins, detention basins, ditches, pipelines, inlets, and culverts. Chris Aguirre GRANT WRITING | PUBLIC OUTREACH Education 2005, MS Community & Regional Development, University of California Davis 2001, BA Ethnic Studies, CSU Sacramento Experience 18 years (5 w/ Dokken) Mr. Chris Aguirre is a skilled community engagement professional with a record of success managing large, diverse projects in complex environments. Highly experienced and proficient in public engagement and outreach, he has a unique ability to relate and connect with a wide spectrum of populations. Through his 18 years of experience Chris is able to bridge internal and external objectives and align constituencies inside and outside an organization in pursuit of mutual benefit. Menifee Professional Grant Funding/Writing Services-2022 RAISE Grant, Menifee, CA In 2022, the City of Menifee applied for a RAISE grant to acquire funding for the Scott Road/Bundy Canyon Road Project. The RAISE grant program is a competitive grant for the USDOT to invest in road, rail, and transit projects to reach national objectives. Chris was responsible for preparation of grant content, coordination with project engineers, and attended project meetings to move the grant forward and coordinate tasks, action items, and deliverables. Del Rio Trail, Sacramento, CA This project will transform an inactive railway corridor into a new Class I multi-use trail. Once complete, the trail will provide access to some of Sacramento’s most appealing destinations like William Land Park, the Sacramento River Parkway, and the Central City downtown job core. At the southern entry, the bike trail will connect directly to the newly constructed Freeport Shores Trail and the future South Sacramento Parkway West. Chris assisted in facilitation of the public workshops and public outreach campaign for the duration of this project. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-6 | Page Jamie Formico, SR/WA, R/W- NAC, R/W-RAC RIGHT OF WAY COORDINATION Education 2001, BS Criminal Justice, CSU Sacramento License/Certification California Licensed Real Estate Broker, #01445531 California Licensed Notary Experience 23 years (10 w/ Dokken) Ms. Jamie Formico has 23 years of right of way project management, real property acquisition, and relocation experience.. As Right of Way Manager, Jamie will oversee all right of way aspects of this project including research, easement acquisition, negotiations, escrow coordination and right of way certification. North Indio Flood Control, Indio, CA The Coachella Valley Water District is proposing to construct the North Indio Flood Control Project which will accept stormwater flows from Sun City Palm Desert, convey those flows to Sun City Shadow Hills, and ultimately convey them to the Coachella Valley Stormwater Channel. The Project will generally involve the construction of concrete, trapezoidal, and rectangular flood conveyance channels. Jamie was responsible for managing all right of way aspects of the project including ordering preliminary title reports, title research, document preparation, right of way negotiations, escrow coordination and right of way certification. Avenue 54 Thermal Drop, Thermal, CA, CA This project proposes to replace approximately 13.4 miles of existing 16- inch and 18-inch diameter transmission mains from 84th Avenue south to CVWD’s Reservoir 1092 site located in Riverside and Imperial County. Jamie was responsible for managing all aspects of right of way including right of way determination, right of entry agreements, ordering preliminary title reports, title research, document preparation, acquisition, title clearance, and escrow coordination. Charles Tornaci, PE STRUCTURAL ENGINEERING/BRIDGE INSPECTION Education 1999, BS Civil Engineering, Cal Poly San Luis Obispo License/Certification California Professional Civil Engineer, #C66058 Experience 24 years (All w/ Dokken) Mr. Charles Tornaci is Dokken’s San Diego structures team leader, both overseeing and performing the structural analysis and design efforts for bridge projects in Southern California. With over 24 years of experience, he is very familiar with Caltrans Local Assistance and Division of Structures standards and practices, specializing in innovative and cost- effective design solutions. He has been involved in a range of projects involving planning, design, construction, and seismic retrofits of vehicular and pedestrian bridges, retaining walls, stairways, and bike trails. City of Palm Desert Bridge Preventive Maintenance, Palm Desert, CA Project Manager responsible for preparing the City’s Bridge Preventive Maintenance Program and Prioritization List, including a report documenting the City’s bridge inventory and maintenance needs, scoring criteria, construction cost estimates, and condition photo documentation of bridges within the City. Worked directly with City staff to organize a multi-year phasing strategy for the maintenance work to meet the prioritization in conjunction with City fiscal year budget allocations and led the project team to complete PS&E for bridge preventive maintenance of five structures. Repair details involved joint seal replacements and expansion dams, corrugated steel arch culvert repair and replacement splicing, and concrete spall repairs on existing superstructures and substructures. Additional Projects: • I-215/Scott Road Interchange, Riverside County, CA • Schleisman Road Bridge Widening, Riverside County, CA Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Request for Qualifications On Call Civil Engineering Services, CE RFQ 20-24 A-7 | Page Joe Ostdiek, PE, TE TRAFFIC ENGINEERING Education 1999, BS Civil Engineering, San Jose State University License/Certification California Professional Civil Engineer, #C65334 California Professional Traffic Engineer, #TR 2508 Experience 24 years (21 w/ Dokken) Mr. Joe Ostdiek is a Senior Signal and Lighting Design Engineer with over 24 years of experience in the layout, design, and estimating of modifications to existing and new signals, street plighting plans, striping plans, and signing plans. Mr. Ostdiek is well versed in the California Department of Transportation Signal, Lighting and Striping design and requirements. Mr. Ostdiek also has extensive knowledge and experience with the Americans with Disabilities Act and California Accessibility Standards. San Pablo Corridor Improvements, Phase 1 & 2, Palm Desert, CA As senior engineer, Joe made recommendations for traffic signal modifications and lighting improvements including intersection, roundabout, decorative, and in-pavement roadway lighting. Joe was responsible for oversight of the PS&E development, as well as the selection of fixtures and writing of electrical specifications for this project. This “road diet” project reduced the existing travel lanes of San Pablo Avenue from four to two. The project included components such as roadway improvements, bike lanes, ADA curb ramps, bulbouts, planter islands, drainage facilities, traffic signal improvements, expansion of street parking, landscaping, and artistic features. SR-18/Apple Valley Road Intersection Improvements, Apple Valley, CA This project widened the four legs of the SR-18 and Apple Valley Road intersection to allow additional approach and turn lanes and smooth road profiles. Mr. Ostdiek provided lighting design, traffic signal design, and ADA and curb ramp design. Jena Addenbrooke, PE UTILITY COORDINATION Education 2008, BS Civil Engineering, San Diego State University License/Certification California Professional Civil Engineer, #C82544 Experience 16 years (All w/ Dokken) Ms. Jena Addenbrooke has 16 years of roadway design experience, specializing in the area of utility coordination. She has an extensive understanding and complies with the FHWA’s regulations and requirements under CFR governing utility relocations to ensure proper and complete utility clearance prior to Right of Way certification. She communicates clearly and efficiently with utility companies, municipal utility departments, clients, Caltrans, and subconsultants to ensure the completion of this critical project function. Mid-Coast Corridor Transit Project, San Diego, CA The Mid-Coast project required over $80M in dry utility relocations involving 15 different utility companies, along with new 12kV electrical and telephone services. Construction for this project was completed November 2021. Jena assisted with coordination of dry utility relocations. She was responsible for coordinating all utility designs with the respective companies, ensuring relocations were compatible with the combined project plans, processing traffic control and right of way permits for the utility owners, and providing construction support. E Palomar Street Transit Station, Park & Ride and DAR at I-805, Chula Vista, CA Jena assisted in utility coordination during the design phase of the I-805 Palomar DAR project. She identified potential conflicts, prepared pothole plans, monitored all activity in the field, and verified utility conflicts for the project. She also prepared recycled water project utility sheets in accordance with Otay Water District design standards. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A EXHIBIT “D” FEE SCHEDULE Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 168.78% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 12% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal in Charge $135 $406.40 QA/QC Manager $115 $346.19 Project Manager $105 $316.09 Senior Engineer 3 $105 $316.09 Senior Engineer 2 $95 $285.98 Senior Engineer 1 $85 $255.88 Associate Engineer 2 $75 $225.78 Associate Engineer 1 $65 $195.67 Assistant Engineer 2 $55 $165.57 Assistant Engineer 1 $40 $120.41 Senior CAD $85 $255.88 CAD/Engineering Technician 2 $60 $180.62 CAD/Engineering Technician 1 $45 $135.47 Environmental Manager $95 $285.98 Principal Planner $90 $270.93 Senior Environmental Planner $80 $240.83 Associate Environmental Planner $60 $180.62 Environmental Planner $40 $120.41 Environmental Technician $25 $75.26 Right of Way Manager $85 $255.88 Senior Right of Way Agent $70 $210.72 Right of Way Appraiser $40 $120.41 Right of Way Agent $40 $120.41 Right of Way Assistant $25 $75.26 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. John A. Klemunes Jr.President 10/16/2024 (916) 858-0642 jklemunes@dokkenengineering.com 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 181.39% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE1 FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Principal $112.98 $349.71 Senior Associate $79.33 $245.55 Associate $65.38 $202.37 Senior Engineer/Planner $55.77 $172.62 Engineer/Planner $42.55 $131.70 Project Coordinator $49.52 $153.28 1.Based on current billing rates. Billing rates adjusted July of each year. Billing rates utilized will be based on actual hourly rates multiplied by the current audited overhead rate. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Lysa Wollard CFO 10.07.2024 925.977.3200 l.wollard@fehrandpeers.com 100 Pringle Avenue, Suite 600, Walnut Creek, CA 94596 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 202.25% PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) PRINCIPAL ENGINEER 80.00 265.98 SENIOR ENGINEER 70.00 232.73 SR. PROJECT ENGINEER 60.00 199.49 PROJECT ENGINEER 48.33 160.69 SR. STAFF ENGINEER 44.50 147.95 STAFF ENGINEER 30.13 100.17 SENIOR GEOLOGIST 72.50 241.04 SR. PROJECT GEOLOGIST 44.75 148.78 PROJECT GEOLOGIST 44.75 148.78 SR. STAFF GEOLOGIST 37.00 123.02 STAFF GEOLOGIST 31.17 103.63 SENIOR FIELD TECHNICIAN 33.22 110.45 SENIOR FIELD TECHNICIAN - PREVAILING WAGE 59.18 196.76 FIELD TECHNICIAN 26.41 87.81 FIELD TECHNICIAN - PREVAILING WAGE 59.18 196.76 SPECIAL INSPECTION 28.50 94.76 SPECIAL INSPECTION - PREVAILING WAGE 60.96 202.68 DRAFTSMAN 33.50 111.38 WORD PROCESSING 29.83 99.18 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles {GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Neal Berliner, GE Title*: President Signature: Date of Certification {mm/dd/yyyy): 10/08/2024 Phone Number: 818.841.8388 Email: Berliner@geoconinc.com Address: 500 N. Victory Blvd Burbank, CA 91502 _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A FEE SCHEDULE OVERHEAD AND FEE RATE Audited Overhead Rate * must be supportable under an audit 211.90 PERCENTAGE Fee Percentage * fee percentage applied to the cost of work 10% CLASSIFICATION/TITLE UNBURDENDED HOURLY RATE FULLY BURDENED HOURLY RATE (Rate + OH + Fee) Survey Principal $100.00 $343.09 Survey Manager $85.00 $291.63 Senior Project Surveyor $70.00 $240.16 Project Surveyor $65.00 $223.01 Senior Survey Analyst $55.00 $188.70 Survey Analyst $50.00 $171.55 Survey Technician $45.00 $154.39 Project Coordinator $35.00 $120.08 Licensed Party Chief* $73.76 $253.06 Certified Party Chief* $66.06 $226.65 Party Chief* $64.01 $219.61 Instrumentman* $57.36 $196.80 Chainman* $56.78 $194.81 Apprentice G* $45.42 $155.83 Apprentice F* $42.59 $146.12 Apprentice E* $39.75 $136.38 Apprentice D* $36.91 $126.63 Apprentice C* $34.07 $116.89 Apprentice B* $28.39 $97.40 Apprentice A* $25.55 $87.66 *Prevailing Wage Classification Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A Certification of Direct Costs: I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements: 1.Generally Accepted Accounting Principles {GAAP) 2.Terms and conditions of the contract 3.Title 23 United States Code Section 112 -Letting of Contracts 4.48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5.23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board {when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: Name: Title*: Signature: Date of Certification {mm/dd/yyyy): Phone Number: Email: Address: _ *An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. Bernie McInally, PLS Executive Vice President 949-777-2000 10/03/2024 bmcinally@guidainc.com 220 Commerce, Suite 150, Irvine, CA 92602 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A EXHIBIT “E” EXECUTIVE ORDER N-6-22 CERTIFICATION Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect. Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals. The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California. Signature: Printed Name: Title: Firm Name: Date: 10/16/2024 Dokken Engineering President John A. Klemunes Jr. Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/11/2023 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd.,Suite 230 Lafayette CA 94549 Nancy Ferrick 510-272-1400 nancy.ferrick@assuredpartners.com License#:6003745 XL Specialty Insurance Company 37885 DOKKEENGI Trumbull Insurance Company 27120DokkenEngineering,Inc. 110 Blue Ravine Rd.,Suite 200 Folsom CA 95630 Sentinel Insurance Company 11000 2005644996 C X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X Y Y 84SBWBI4800 12/31/2023 12/31/2024 2,000,000 B 1,000,000 X Y Y 84UEGBD3407 12/31/2023 12/31/2024 C X X 5,000,000Y84SBWBI480012/31/2023Y 12/31/2024 5,000,000 C X N Y 84WEGAU5C27 12/31/2023 12/31/2024 1,000,000 1,000,000 1,000,000 A Professional Liability DPR5022007 12/31/2023 12/31/2024 $2,000,000 $2,000,000 per Claim Annual Aggregate Umbrella is follow-form to Underlying:General Liability/Auto Liability/Employer's Liability. Ref:All Operations.The City of Palm Springs,its officers,employees and agents and Owner are additional insureds for General Liability per policy form wording.Insurance is primary and non contributory per policy form.A Waiver of Subrogation applies to Workers'Compensation. 30 Day Notice of Cancellation City of Palm Springs Engineering Department Attn:Kathie Hart 3200 E.Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SS 51 14 04 17 Page 1 of 1 © 2017, The Hartford ADDITIONAL INSURED PROVISIONS - CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A.It is agreed that paragraph (2)of subsections 6.d. and 6.f.of Section C. - WHO IS AN INSURED is replaced by the following: (2)The insurance afforded by paragraph (1)above does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury", "property damage" or "personal and advertising injury", involve professional architectural, engineering or surveying services, including but not limited to: (a)The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b)Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c)Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d)Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (e)Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.It is agreed that the following paragraphs are added to the end of subsections 1.and 8.of Section F- OPTIONAL ADDITIONAL INSURED COVERAGES;and it is agreed the following paragraphs replace section b.of subsection 9.of Section F. - OPTIONAL ADDITIONAL INSURED COVERAGES.These paragraphs do not attach or amend the language of any of the other subsections of Section F - OPTIONAL ADDITIONAL INSURED COVERAGES: The insurance afforded by this subsection does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury", "property damage" or "personal and advertising injury", involve professional architectural, engineering or surveying services, including but not limited to: (a)The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b)Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c)Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d)Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (e)Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (a)Only applies to the extent permitted by law; and (b)Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1)"Bodily injury" or "property damage"purpose by you, any of your that occurred; or"employees", "volunteer workers",(2)"Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company). 4. Operator Of Mobile Equipmentb. Real Estate Manager With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationPropertyresponsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only:only if no other insurance of any kind is available (1)With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2)Until your legal representative has been appointed.a."Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b."Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance. 5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part.organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance.a."Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b."Property damage" to property owned by,Any organization you newly acquire or form,rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However:Permit a.Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional (f)Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract,except such operations performedagreement or permit.at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g)Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part,or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF.– Optional Additional Insured Coverages. (h)"Bodily injury" or "propertya. Vendors damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i)The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1)The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:course of business, inThis insurance does not apply to:connection with the distribution (a)"Bodily injury" or "property or sale of the products. damage" for which the vendor is (2)This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement.or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement; (1)Any person or organization from(b)Any express warranty whom you lease equipment; but onlyunauthorized by you;with respect to their liability for "bodily(c)Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor;caused, in whole or in part, by your (d)Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing,person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this insurance does not apply to any (1)Any state or political subdivision, but"occurrence" which takes place after only with respect to operationsyou cease to lease that equipment.performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1)Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a)"Bodily injury", "property damage"leased to you.or "personal and advertising (2)With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b)Structural alterations, new (1)Any other person or organization whoconstruction or demolition a.is not an insured under Paragraphsoperations performed by or on ethrough . above, but only withbehalf of such person or respect to liability for "bodily injury",organization."property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1)Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal (a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b)In connection with your premisesyour behalf:owned by or rented to you; or (a)In connection with your premises;(c)In connection with "your work" andorincluded within the "products- (b)In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf.(i)The written contract or written (2)With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including:(2)With respect to the insurance afforded (a)The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions,"Bodily injury", "property damage" orreports, surveys, field orders, "personal and advertising injury"change orders, designs or arising out of the rendering of, or thedrawings and specifications; or failure to render, any professional (b)Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (a)The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) 3. Each Occurrence LimitSupervisory, inspection, architectural or engineering 2.a. 2.bSubject to or above, whicheveractivities.applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with 4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay forcompany that is not shown as a Named Insured in the sum of all damages because of allthe Declarations."personal and advertising injury" sustained by any one person or organization is the PersonalD. LIABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.1. The Most We Will Pay 5. Damage To Premises Rented To You LimitThe Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of:Liability Coverage for damages because ofa.Insureds;"property damage" to any one premises, while b.Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc.Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits In the case of damage by fire, lightning orThe most we will pay for:explosion, the Damage to Premises Rented Toa.Damages because of "bodily injury" and You Limit applies to all damage proximately"property damage" included in the caused by the same event, whether such"products-completed operations hazard" is damage results from fire, lightning or explosionthe Products-Completed Operations or any combination of these.Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations. The most we will pay on behalf of a person orb.Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a.The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b.The Limits of Insurance shown in theowned by or rented to you. Declarations."Location" means premises involving the Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad. Page 14 of 24 Form SS 00 08 04 05 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2)Authorize us to obtain records andapplicable to such claim or "suit". However, this other information;paragraph does not apply to the Medical Expenses (3)Cooperate with us in the investigation, 3.limit set forth in Paragraph above.settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; andseparately to each consecutive annual period and to (4)Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance. No insured will, except at that insured's ownE. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assumeGENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part.Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include:non-contributory with the additional(1)How, when and where the "occurrence"insured's own insurance.or offense took place;f. Knowledge Of An Occurrence, Offense,(2)The names and addresses of any Claim Or Suitinjured persons and witnesses; and a. b.Paragraphs and apply to you or to(3)The nature and location of any injury any additional insured only when suchor damage arising out of the "occurrence", offense, claim or "suit" is"occurrence" or offense.known to: b. Notice Of Claim (1)You or any additional insured that is an individual;If a claim is made or "suit" is brought against any insured, you or any additional (2)Any partner, if you or an additionalinsured must:insured is a partnership; (1)Immediately record the specifics of the (3)Any manager, if you or an additionalclaim or "suit" and the date received;insured is a limited liability company;and (4)Any "executive officer" or insurance(2)Notify us as soon as practicable.manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5)Any trustee, if you or an additionalclaim or "suit" as soon as practicable.insured is a trust; or c. Assistance And Cooperation Of The (6)Any elected or appointed official, if youInsuredor an additional insured is a political subdivision or public entity.You and any other involved insured must: Form SS 00 08 04 05 Page 15 of 24 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa.When this policy is certified as proof of financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury"Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insuranceinsurance required by that law.If other valid and collectible insurance isb.With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists,follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:b. Excess Insurancea.To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or contingent or on any other basis:b.To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied with.That is Fire, Extended Coverage, Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To Youdamages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative. That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance,"property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies: (4) Aircraft, Auto Or Watercrafta.As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob.Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought.A.Section – Coverages.6. Representations (5) Property Damage To Borroweda. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree:If the loss arises out of "property damage" to borrowed equipment or(1)The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2)Those statements are based upon Coverages.representations you made to us; and Page 16 of 24 Form SS 00 08 04 05 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2)The total of all deductible and self-added as an additional insured by that insured amounts under all that otherinsurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, withAdditional Insured To This any other insurance that is not described inInsurancethis Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permitsadditional insured under this Coverage contribution by equal shares, we will followPart:this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all orcontract, written agreement or part of any payment, includingpermit that this insurance is Supplementary Payments, we have madeprimary and non-contributory with under this Coverage Part, those rights arethe additional insured's own transferred to us. The insured must doinsurance, this insurance is nothing after loss to impair them. At ourprimary and we will not seek request, the insured will bring "suit" orcontribution from that other transfer those rights to us and help usinsurance.enforce them. This condition does not (a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiverinsured has been added as an Of Subrogation)additional insured.If the insured has waived any rights ofWhen this insurance is excess, we will recovery against any person orhave no duty under this Coverage Part to organization for all or part of any payment,defend the insured against any "suit" if any including Supplementary Payments, weother insurer has a duty to defend the have made under this Coverage Part, weinsured against that "suit". If no other also waive that right, provided the insuredinsurer defends, we will undertake to do waived their rights of recovery againstso, but we will be entitled to the insured's such person or organization in a contract,rights against all those other insurers.agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 3ROLF\84SBWBI4800 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other provisions of the Coverage Form,the provisions of this endorsement apply. COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. 1.BROAD FORM INSURED Paragraph .1.-WHO IS AN INSURED -of Section II -Liability Coverage is amended to add the following: d.Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1)Any legal business entity other than a partnership or joint venture,formed as a subsidiary in which you have an ownership interest of more than 50%on the effective date of the Coverage Form. However,the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured"under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2)Any organization that is acquired or formed by you and over which you maintain majority ownership.However, the Named Insured does not include any newly formed or acquired organization: (a)That is a partnership or joint venture, (b)That is an "insured"under any other policy, (c)That has exhausted its Limit of Insurance under any other policy,or (d)180 days or more after its acquisition or formation by you,unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage"that results from an "accident"that occurred before you formed or acquired the organization. e.Employees as Insureds (1).Any "employee"of yours while using a covered "auto"you don't own,hire or borrow in your business or your personal affairs. f.Lessors as Insureds (1).The lessor of a covered "auto"while the "auto"is leased to you under a written agreement if: (a)The agreement requires you to provide direct primary insurance for the lessor and (b)The "auto"is leased without a driver. Such a leased "auto"will be considered a covered "auto"you own and not a covered "auto"you hire. g.Additional Insured if Required by Contract (1)When you have agreed,in a written contract or written agreement,that a person or organization be added as an additional insured on your business auto policy,such person or organization is an "insured",but only to the extent such person or organization is liable for "bodily injury"or "property damage"caused by the conduct of an "insured"under paragraphs a.or b.of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury"or "property damage" occurs: (a)During the policy period,and (b)Subsequent to the execution of such written contract,and Form HA 99 16 12 21 Page 1 of 5 ©2021,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.with its permission.) 84UEGBD3407 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A (c)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2)How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the most we will pay on behalf of such additional insured is the lesser of: (a)The limits of insurance specified in the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3)Additional Insureds Other Insurance If we cover a claim or "suit"under this Coverage Part that may also be covered by other insurance available to an additional insured,such additional insured must submit such claim or "suit"to the other insurer for defense and indemnity. However,this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4)Duties in The Event Of Accident,Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy,the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2.- DUTIES IN THE EVENT OF ACCIDENT, CLAIM ,SUIT OR LOSS –OF SECTION IV –BUSINESS AUTO CONDITIONS,in the same manner as the Named Insured. 2.Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g.-Additional Insured If Required by Contract,the following provisions apply: (1)Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary,we will share with all that other insurance by the method described in Other Insurance 5.d. (2)Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1)and (2)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess,we will have no duty to defend the insured against any "suit"if any other insurer has a duty to defend the insured against that "suit".If no other insurer defends,we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any,that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,by the method described in SECTION IV- Business Auto Conditions,B.General Conditions,Other Insurance 5.d. 3.AUTOS RENTED BY EMPLOYEES Any "auto"hired or rented by your "employee"on your behalf and at your direction will be considered an "auto"you hire. The SECTION IV-Business Auto Conditions,B. General Conditions,5.OTHER INSURANCE Condition is amended by adding the following: e.If an "employee’s"personal insurance also applies on an excess basis to a covered "auto"hired or rented by your "employee"on your behalf and at your direction,this insurance will be primary to the "employee’s" personal insurance. Page 2 of 5 Form HA 99 16 12 21 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 4.AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5.-FELLOW EMPLOYEE -of SECTION II -LIABILITY COVERAGE does not apply if you have workers'compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 5.HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos"are covered "autos"for Liability Coverage and if Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form for any "auto" you own,then the Physical Damage Coverages provided are extended to "autos"you hire or borrow,subject to the following limit. The most we will pay for "loss"to any hired "auto" is: (1)$100,000; (2)The actual cash value of the damaged or stolen property at the time of the "loss";or (3)The cost of repairing or replacing the damaged or stolen property, whichever is smallest,minus a deductible.The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. No deductible applies to "loss"caused by fire or lightning.Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit,deductible and excess provisions,we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. We will also cover loss of use of the hired "auto"if it results from an "accident",you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto"you hire or borrow from any of your "employees",partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6.PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.of SECTION III -PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7.LOAN/LEASE GAP COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,in the event of a total "loss"to a covered "auto",we will pay your additional legal obligation for any difference between the actual cash value of the "auto"at the time of the "loss" and the "outstanding balance"of the loan/lease. "Outstanding balance"means the amount you owe on the loan/lease at the time of "loss"less any amounts representing taxes;overdue payments;penalties,interest or charges resulting from overdue payments;additional mileage charges;excess wear and tear charges;lease termination fees;security deposits not returned by the lessor;costs for extended warranties,credit life Insurance,health,accident or disability insurance purchased with the loan or lease;and carry-over balances from previous loans or leases. 8.AIRBAG COVERAGE Under Paragraph B.EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE,the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9.ELECTRONIC EQUIPMENT -BROADENED COVERAGE a.The exceptions to Paragraphs B.4 - EXCLUSIONS -of SECTION III -PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c.and 4.d.do not apply to equipment designed to be operated solely by use of the power from the "auto's"electrical system that,at the time of "loss",is: (1)Permanently installed in or upon the covered "auto"; (2)Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3)An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or (4)Necessary for the normal operation of the covered "auto"or the monitoring of the covered "auto's"operating system. b.Section III,Physical Damage Coverage,Limit of Insurance,Paragraph C.2.is amended to add the following: $1,500 is the most we will pay for "loss"in any one "accident"to all electronic equipment (other than equipment designed solely for the reproduction of sound,and accessories used with such equipment)that reproduces, receives or transmits audio,visual or data signals which,at the time of "loss",is: Form HA 99 16 12 21 Page 3 of 5 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A (1)Permanently installed in or upon the covered "auto"in a housing,opening or other location that is not normally used by the "auto"manufacturer for the installation of such equipment; (2)Removable from a permanently installed housing unit as described in Paragraph 2.a.above or is an integral part of that equipment;or (3)An integral part of such equipment. c.For each covered "auto",should loss be limited to electronic equipment only,our obligation to pay for,repair,return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations,or $250,whichever deductible is less. 10.EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A.-COVERAGE -of SECTION III -PHYSICAL DAMAGE COVERAGE,we will pay for the expense of returning a stolen covered "auto"to you. 11.GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12.TWO OR MORE DEDUCTIBLES Under Paragraph D.-DEDUCTIBLE -of SECTION III -PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group,Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident",the following applies: (1)If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible,it will be waived; (2)If the deductible under this Business Auto Coverage Form is not the smaller (or smallest)deductible,it will be reduced by the amount of the smaller (or smallest) deductible. 13.AMENDED DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a.- DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS -of SECTION IV -BUSINESS AUTO CONDITIONS that you must notify us of an "accident"applies only when the "accident"is known to: (1)You,if you are an individual; (2)A partner,if you are a partnership; (3)A member,if you are a limited liability company;or (4)An executive officer or insurance manager,if you are a corporation. 14.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. 15.HIRED AUTO -COVERAGE TERRITORY SECTION IV,BUSINESS AUTO CONDITIONS, PARAGRAPH B.GENERAL CONDITIONS,7.- POLICY PERIOD,COVERAGE TERRITORY -is added to include the following: (6)For short-term hired "autos",the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's"responsibility to pay damages for "bodily injury"or "property damage"is determined in a "suit,"the "suit"is brought in the United States of America,the territories and possessions of the United States of America,Puerto Rico or Canada or in a settlement we agree to. 16.WAIVER OF SUBROGATION Paragraph 5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -of SECTION IV -BUSINESS AUTO CONDITIONS A.Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17.RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury"in SECTION V- DEFINITIONS,C.is replaced by the following: "Bodily injury"means bodily injury,sickness or disease sustained by any person,including mental anguish or death resulting from any of these. 18.EXTENDED CANCELLATION CONDITION Paragraph 2.of the COMMON POLICY CONDITIONS -CANCELLATION -applies except as follows: If we cancel for any reason other than nonpayment of premium,we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A 19.HYBRID,ELECTRIC,OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid"auto for which Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form,then such Physical Damage Coverages are amended as follows: a.If the auto is replaced with a "hybrid"auto or an auto powered solely by electricity or natural gas,we will pay an additional 10%,to a maximum of $2,500,of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c.Regardless of the number of autos deemed a total loss,the most we will pay under this Hybrid,Electric,or Natural Gas Vehicle Payment Coverage provision for any one "loss"is $10,000. For the purposes of the coverage provision, a.A "non-hybrid"auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid"auto is defined as an auto with an internal combustion engine and one or more electric motors;and that uses the internal combustion engine and one or more electric motors to move the auto,or the internal combustion engine to charge one or more electric motors,which move the auto. 20.VEHICLE WRAP COVERAGE In the event of a total loss to an "auto"for which Comprehensive,Specified Causes of Loss,or Collision coverages are provided under this Coverage Form,then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto"at the time of total loss.Regardless of the number of autos deemed a total loss,the most we will pay under this Vehicle Wrap Coverage provision for any one "loss"is $5,000.For purposes of this coverage provision,signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Policy Expiration Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 84WEGAU5C27 12/31/2023 Dokken Engineering,Inc. 110 Blue Ravine Rd.,Suite 200 Folsom,CA 95630 12/31/2024 Docusign Envelope ID: FD332B5B-F70D-4B6D-94BA-A3638206EA3A