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A6190 - CNS Engineers, Inc. A11
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) Amendment No. 11 (A#11) to Agreement A6190 CNS Engineers, Inc. James Lu James.lu@cnsenginc.com Ramon Road Bridge Widening - San Luis Rey Dr. to Landau Blvd., City Project 08-25 $3,827,133.80 (including this A#11 totaling $59,700.67) Until completion On file James Lu, James.lu@cnsenginc.com Lily Huang, Lily.huang@cnsenginc.com Engineering Services Joel Montalvo / Francisco Jaime X8750 January 18, 2012, Item 2G A6190 A#11 - July 21, 2025, Item 1I Yes Yes Yes Department N/A No A#11 and insurance are attached. N/A 07/23/2025 Vonda Teed Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Page 1 of 4 (BB&K 2024) 55575.18100\42913029.1 AMENDMENT NO. 11 TO THE PROFESSIONAL SERVICES AGREEMENT NO. 6190 RAMON ROAD WIDENING – SAN LUIS REY DR. TO LANDAU BLVD. INCLUDED THE WIHTEWATER RIVER BRIDGE WIDENING BETWEEN THE CITY OF PALM SPRINGS AND CNS ENGINEERS, INC. 1. PARTIES AND DATE. This Amendment No. 11 to Professional Services Agreement No. A6190 is made and entered into as of this 21st day of July 2025, by and between the City of Palm Springs (“City”) and CNS Engineers, Inc., a California corporation ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Agreement. City and Consultant have entered into an agreement titled “Ramon Road Widening - San Luis Rey Dr. to Landau Blvd. including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040)” dated January 31, 2012 (“Agreement”) for the purpose of retaining the services of Consultant to provide professional engineering and consulting services related to Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, (“Project”) for a total maximum contract amount of $1,159,990.31. 2.2 Amendment No. 1. City and Consultant amended the Agreement to adjust contract task costs without increasing the contract amount. The Parties have heretofore entered into that Amendment No. 1 dated March 18, 2013 for a zero amount with the maximum contract amount remaining at $1,159,990.31. 2.3 Amendment No. 2. City and Consultant amended the Agreement to adjust Schedule of Compensation Exhibit “C” without increasing the contract amount. The Parties have heretofore entered into that Amendment No. 2 dated September 23, 2013 for a zero amount with the maximum contract amount remaining at $1,159,990.31. 2.4 Amendment No. 3. City and Consultant amended the Agreement to incorporate final design phase services. The Parties have heretofore entered into that Amendment No. 3 dated June 25, 2015 for an amount of $1,502,353.05 for a new maximum contract amount of $2,662,343.36. 2.5 Amendment No. 4. City and Consultant amended the Agreement to incorporate right- of-way services. The Parties have heretofore entered into that Amendment No. 4 dated October 17, 2016 for an amount of $367,911.49 for a new maximum contract amount of $3,030,254.85. 2.6 Amendment No. 5. City and Consultant amended the Agreement to provide additional engineering design services. The Parties have heretofore entered into that Amendment No. 5 dated July 24, 2017 for an amount of $84,616.73 for a new maximum contract amount of $3,114,871.58. 2.7 Amendment No. 6. City and Consultant amended the Agreement to provide additional design and right-of-way services. The Parties have heretofore entered into that Amendment No. 6 dated July 31, 2018 for an amount of $117,360.17 for a new maximum contract amount of $3,232,231.75. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Page 2 of 4 (BB&K 2024) 55575.18100\42913029.1 2.8 Amendment No. 7. City and Consultant amended the Agreement to incorporate additional design and right-of-way services. The Parties have heretofore entered into that Amendment No. 7 dated January 2, 2019 for an amount of $170,360.48 for new maximum contract amount of $3,402,592.23. 2.9 Amendment No. 8. City and Consultant amended the Agreement authorizing the readjustment of budgets for certain tasks with reduced scope and reallocating budget for a required biological assessment without increasing the contract amount. The Parties have heretofore entered into that Amendment No. 8 dated November 23, 2020 for a zero amount with the maximum contract amount remaining at $3,402,592.23. 2.10 Amendment No. 9. City and Consultant amended the Agreement authorizing extra professional services. The Parties have heretofore entered into that Amendment No. 9 dated November 8, 2022 for an amount of $38,162.23 for a new maximum contract amount of $3,440,754.46. 2.11 Amendment No. 10. City and Consultant amended the Agreement to update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. The Parties have heretofore entered into that Amendment No. 10 dated July 25, 2024 for an amount of $326.678.67 for a new maximum amount of $3,767,433.13. 2.12 Amendment No. 11 Purpose. City and Consultant desire to amend the Agreement to provide additional professional services to extend the Temporary Construction Easements related to sixteen (16) property owners. 2.13 Amendment Authority. This Amendment No. 11 is authorized pursuant to Section 1.8, Additional Services of the Agreement. 3. TERMS. 3.1 Scope of Services Section 1.1 of the Agreement is hereby amended to read as follows: The additional services identified in the Consultant’s letter dated May 8, 2025, included herewith as Attachment 1, are hereby incorporated into Exhibit “A” of the Agreement. 3.2 Maximum Contract Amount Section 2.1 of the Agreement is hereby amended to read as follows: The total amount of compensation is increased by $59,700.67 for a new not to exceed amount of $3,827,133.80 (“Maximum Contract Amount”). 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 11, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 11. From and after the date of this Amendment No. 11, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 11. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 11. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Page 3 of 4 (BB&K 2024) 55575.18100\42913029.1 3.5 Severability. If any portion of this Amendment No. 11 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 11 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Page 4 of 4 (BB&K 2024) 55575.18100\42913029.1 SIGNATURE PAGE FOR AMENDMENT NO. 11 TO PROFESSIONAL SERVICES AGREEMENT NO. 6190 BY AND BETWEEN THE CITY OF PALM SPRINGS AND CNS ENGINEERS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CNS ENGINEERS, INC.: By: ____________________________ By: ______________________________ Signature Signature (2nd signature required for Corporations) Date: Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 07/21/2025 Item No. 1J APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $150,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D 7/23/2025 7/23/2025 7/24/2025 Civil and Structural Engineers CNS Engineers, Inc. 11870 Pierce Street, Suite 265, Riverside, CA 92505 Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com Page | 1 May 8, 2025 Mr. Joel Montalvo, MPA, PE City Engineer, Development Services Department City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Subject: Request for Contract Amendment No. 11 Ramon Road Widening from San Luis Rey Drive to Landau Boulevard including the Whitewater River Bridge Widening City Project No. 08-25 Federal Aid Project No. BHLS 5282-(040) Dear Joel: CNS Design Team requests additional budget to reflect extra work as follows: Extend Temporary Construction Easement (TCE) related to Sixteen (16) Property Owners The previous Amendment No. 10 described various factors that delayed the Project. Since July 2024, the Project has been undergoing the extension of temporary construction easements (TCEs) with several private properties, which mostly expired in June 2024. The TCEs will be extended to December 31, 2029, to accommodate the construction on Ramon Road. The process of the TCE extension involves professional right of way supporting services of renewed appraisal, acquisition coordination, and escrow oversight by the Design Team’s subconsultant – Epic Land Solutions, Inc. Despite Epic’s several attempts to contact the property owners, at this time after lengthy coordination, some property owners have not signed the agreements or made counteroffers, Due to the approaching scheduled construction and obligation of federal funds, the city may have to proceed with condemnation action. Recognizing the possibility of condemnation work, Epic has provided a cost estimate to proceed with condemnation activities while continuing negotiations with the remaining unsigned property owners. The ongoing actions include exercising the city’s good faith efforts to try and negotiate with the property owners by preparing impasse letters to encourage the property owners to accept the appraised offer, providing a counteroffer, or providing a compelling letter, and signing a Possession and Use Agreement granting the City possession of the temporary construction easement area while the negotiation continues. The following table indicates the property owners, County Assessor APNs, and negotiation status of the 16 parcels as of April 11, 2025. Currently, two parcels have active temporary construction easements due to previous litigation; one parcel was not needed for the project any longer and has been deleted; five parcels are in escrow and eight parcels are in negotiations with positive discussions. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Joel Montalvo Request for Contract Amendment No. 11 May 828, 2025 Page | 2 IMPACTED PARCELS FOR TEMPORARY CONSTRUCTION EASEMENTS Grantor APN Acquisition Status 1. Four State Storge DST 677-420-012, 015 Ongoing 2. Saul H. and Florence Greene 677-430-040 Ongoing 3. Ramon Lakeview Villas HOA 677-431-046 In escrow 4. Mario and Mayra Lopez 677-444-011 Ongoing 5. Ghatas and Dalal Toumah 677-444-009 Deleted 6. Jerry H. Dirngerber Living Trust 677-444-014 In escrow 7. Henry and Gloria Arroyo 677-447-010, 011 Ongoing 8. Ramon Plaza Center, LLC 678-210-040 Ongoing 9. Eighteen Sac Self Storage 680-190-039 In escrow 10. Desert Water Agency 677-420-057 In escrow 11. Ramon Tower Business Park 680-190-036 In escrow 12. Marwan Jizrawi 678-210-041 Ongoing (Loss of Business – Goodwill) 13. 7-11 Development Company 677-420-022 Ongoing 14. Molson Cimarron, LLC 677-420-060 Ongoing 15. Luis and Rosario Avila 677-444-010 TCE is active until 02-15-27 16. Luis and Rosario Avila 677-444-013 TCE is active until 02-15-27 While the right of way budget is being exhausted due to the lengthy coordination and negotiation with property owners, additional budget is requested for the following right of way activities to complete the TCE extension, which will facilitate the subsequent coordination with Caltrans to certify the right of way and authorize the construction. The remaining right of way tasks are listed below: 1. Continue to negotiate in good faith with the property owners. 2. Update legal plat documents and modify engineering design if necessary. 3. Review and evaluate grantor’s Loss of Business – Goodwill claim. 4. Prepare Administrative Settlement letter(s) when necessary, with a recommendation. 5. Open and close escrow. 6. Prepare and mail Impasse Letters. 7. Prepare and mail Possession and Use Agreements. 8. Assist with preparing the Resolution of Necessity packages. 9. Order Litigation Guarantees. 10. Assist the city and legal team. 11. Serve parties with a possessory interest. 12. Depositions (if necessary). 13. Complete utility Coordination. 14. Prepare and submit Right of Way Certification to Caltrans. 15. Transmit closed acquisitions documents to the city. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Joel Montalvo Request for Contract Amendment No. 11 May 828, 2025 Page | 3 We request an adjustment of the budget among tasks as shown in the following table: Task Current Contract Amount Proposed Amendment Amended Contract Amount Phase II Final Design Plans, Specifications and Estimate (PS&E) Task 2.4, Utility Relocation Coordination $92,015.05 $9,252.72 $101,267.77 Phase III Right of Way Task 1.2, Right-of-Way Appraisal, Acquisition and Certification $420,205.60 $43,897.95 $464,103.55 Other Direct Costs $151,138.50 $6,550.00 $157,688.50 Subtotal $59,700.67 Current Contract Amount (includes previous approved amendments): Phase I – PA&ED: $1,134,662.52 Phase II – PS&E: $2,119,155.46 Phase III – R/W: $513,615.15 Total: $3,767,433.13 Proposed Amendment No.11 (this request): Phase I – PA&ED: $0.00 Phase II – PS&E: $15,802.72 Phase III – R/W: $43,897.95 Total: $59,700.67 Amended Contract Amount: Phase I – PA&ED: $1,134,662.52 Phase II – PS&E: $2,134,958.18 Phase III – R/W: $557,513.10 Total: $3,827,133.80 We look forward to approval of this contract amendment request and continue to deliver the final design and right of way phases of the project. Should you have any questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-mail at james.lu@cnsenginc.com. Sincerely, James Lu, P.E., S.E. Project Manager / Principal CNS Engineers, Inc. Attachments: 1. Cost Proposal Work Sheets 2. Scope of Work with extra work shown in blue Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Current Contract This Amendment Amended Amount Task 1 Project Management 1.1 Project Administration and Project Controls $114,825.08 $0.00 $114,825.08 1.2 Meeting and Coordination $94,801.88 $0.00 $94,801.88 1.3 Quality Assurance and Quality Control $34,754.94 $0.00 $34,754.94 2.2 Field Review and Site Assessment $9,354.20 $0.00 $9,354.20 2.3 Surveying and Aerial Topographic Mapping $34,617.46 $0.00 $34,617.46 2.4 Right of Way Research and Base Mapping $25,513.06 $0.00 $25,513.06 2.5 Utility Research, Notification and Mapping $13,776.37 $0.00 $13,776.37 2.6 Traffic Study $44,080.75 $0.00 $44,080.75 2.7 Preliminary Roadway/ Bridge Foundation Report $29,612.51 $0.00 $29,612.51 2.8 Roadway Alternatives Study and Geometric Approval Drawings $88,094.54 $0.00 $88,094.54 2.9 Preliminary Right of Way Study and Cost Estimates $30,585.21 $0.00 $30,585.21 2.10 Bridge Aesthetics and Approach Landscape Modification Study $50,425.18 $0.00 $50,425.18 2.11 Preliminary Street Lighting Study $4,695.82 $0.00 $4,695.82 2.12 Roadway Drainage Study $7,548.71 $0.00 $7,548.71 2.13 Floodplain Study, Bridge Hydraulics and Sediment Transport Analyses $45,355.12 $0.00 $45,355.12 2.14 Preliminary Channel Improvement Plans $10,936.07 $0.00 $10,936.07 2.15 Conditional Letter of Map Revision (CLOMR)$10,592.08 $0.00 $10,592.08 2.16 Bridge Type Selection Study $88,959.68 $0.00 $88,959.68 2.17 Preliminary Cost Estimates $17,279.81 $0.00 $17,279.81 2.18 Project Report Equivalent $41,191.36 $0.00 $41,191.36 2.19 Value Analysis Study $0.00 $0.00 $0.00 Task 3 Environmental Document (CEQA/NEPA) 3.1 Public Scope, Commission & Council Meetings $4,639.62 $0.00 $4,639.62 3.2 Preliminary Environmental Study (PES)$6,721.70 $0.00 $6,721.70 3.3 Noise Study $32,437.36 $0.00 $32,437.36 3.4 Air Quality Study $17,121.22 $0.00 $17,121.22 3.5 Phase 1 Initial site Assessment and ADL Surveys $15,129.12 $0.00 $15,129.12 3.6 Water Quality Assessment Report and Preliminary SWPPP $18,693.84 $0.00 $18,693.84 3.7 Location Hydraulic Study & Summary Floodplain Encroachment Report $8,029.35 $0.00 $8,029.35 3.8 Biological Resources study (NES and BA)$23,377.36 $0.00 $23,377.36 3.9 Wetland and Jurisdictional Delineation and Assessment $5,762.43 $0.00 $5,762.43 3.10 Visual Impact Assessment $25,772.25 $0.00 $25,772.25 3.11 Community Impact Assessment $6,563.22 $0.00 $6,563.22 3.12 Cultural Resources Study (ASR/HPSR/APE)$14,262.43 $0.00 $14,262.43 3.13 Draft NEPA Environmental Assessment $25,930.48 $0.00 $25,930.48 3.14 Draft CEQA Initial Study/Mitigated Negative Declaration $10,191.85 $0.00 $10,191.85 3.15 Bureau of Indian Affairs Consultation & NEPA/Section 106 Clearance $4,907.39 $0.00 $4,907.39 3.16 Circulate Draft Environmental Document & Respond Comments $2,295.22 $0.00 $2,295.22 3.17 Final Environmental Document (MND/FONSI)$5,680.14 $0.00 $5,680.14 3.18 File Notice of Determination (CEQA)$655.78 $0.00 $655.78 3.19 Publish Notice in Federal Register $0.00 $0.00 $0.00 3.20 USACE Section 404 Permit and NEPA Clearance/USEPA & SWRCB Section 401 Water Quality Certification $35,383.19 $0.00 $35,383.19 3.21 CDFG 1602 Streambed Alteration Agreement $7,257.25 $0.00 $7,257.25 Task Labor Cost Phase I - Project Approval and Environmental Document (PA&ED) CITY OF PALM SPRINGS COST PROPOSAL (AMENDMENT NO. 11) Federal Project No. BHLS-5282(040)), City Project No. 08-25 Professional Engineering Design Services for Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening) 4/28/2025 Task DescriptionTask No. Summary of Task Costs Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Current Contract This Amendment Amended Amount Task Labor Cost 4/28/2025 Task DescriptionTask No. $26,604.57 $0.00 $26,604.57 $1,134,662.52 -$ $1,134,662.52 Task 1 Project Management 1.1 Project Administration and Project Controls $141,741.26 $0.00 $141,741.26 1.2 Meetings and Coordination $121,174.19 $0.00 $121,174.19 1.3 Quality Assurance and Quality Control $37,087.81 $0.00 $37,087.81 1.4 Local Assistance Supports $16,149.63 $0.00 $16,149.63 Task 2 Final Design Reports and Studies 2.1 Utility Potholing $29,470.26 $0.00 $29,470.26 2.2 Geotechnical Investigations and Design Reports $44,897.86 $0.00 $44,897.86 2.3 Update SWPPP $8,380.36 $0.00 $8,380.36 2.4 Utility Relocation Coordination $92,015.05 $9,252.72 $101,267.77 2.5 Update Drainage Report $6,564.10 $0.00 $6,564.10 2.6 Update Topographic Field Survey $66,192.23 $0.00 $66,192.23 2.7 Value Analysis Study $77,679.26 $0.00 $77,679.26 Task 3 Plans, Specifications and Estimates (PS&E) 3.1 65% Roadway Plans $101,905.67 $0.00 $101,905.67 3.2 65% Storm Drain Plans and Erosion Control Plans $39,475.47 $0.00 $39,475.47 3.3 65% Channel Improvements Plans $30,166.76 $0.00 $30,166.76 3.4 65% Landscaping Plans $21,777.72 $0.00 $21,777.72 3.5 65% Traffic Control Plans $25,388.06 $0.00 $25,388.06 3.6 65% Signing and Striping Plans $17,758.96 $0.00 $17,758.96 3.7 65% Traffic Signal Improvement Plans $16,211.41 $0.00 $16,211.41 3.8 65% Bridge Mounted Lighting Plans $6,583.34 $0.00 $6,583.34 3.9 95% Civil Roadway PS&E $195,364.60 $0.00 $195,364.60 3.10 65% Unchecked Structure Plans $280,459.64 $0.00 $280,459.64 3.11 Bridge Design Independent Check $89,345.23 $0.00 $89,345.23 3.12 95% Structure PS&E $94,295.16 $0.00 $94,295.16 3.13 Final 100% Design PS&E & Contract Bid Documents $383,290.37 $0.00 $383,290.37 Task 4 Environmental Permitting 4.1 Habitat Mitigation and Monitoring Plan $14,962.75 $0.00 $14,962.75 4.2 CEQA Exemption & NEPA Caltrans Revalidation $9,679.80 $0.00 $9,679.80 $151,138.50 $6,550.00 $157,688.50 $2,119,155.46 $15,802.72 $2,134,958.18 Task 1.0 Right-of-Way Services 1.1 Legal Descriptions and Plats $93,409.55 $0.00 $93,409.55 1.2 Right-of-Way Appraisal, Acquisition and Certification $420,205.60 $43,897.95 $464,103.55 $513,615.15 $43,897.95 $557,513.10 $3,767,433.13 $59,700.67 $3,827,133.80Grand Total Civil Roadway PS&E Structure PS&E Phase II Final Design Plans, Specifications and Estimate (PS&E) Phase III Right of Way Phase III Subtotal Reimbursable Expenses Phase I Subtotal Reimbursable Expenses Phase II Subtotal Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Consultant:CNS Engineers, Inc. Project Name: Contract No. Date: 4/28/2025 DIRECT LABOR Hours Actually Hourly Rate Total 6 107.12$ 642.72$ 28 79.00$ 2,212.00$ 0 -$ 0 -$ 0 -$ 0 -$ 0 -$ LABOR COSTS a) Subtotal Direct Labor Costs 2,854.72$ b) Anticipated Salary Increases -$ 0% 2,854.72$ d) Fringe Benefit (Rate:-$ INDIRECT COSTS f) Overhead (Rate:154.04%4,397.41$ h) General and Administrative (Rate:-$ 4,397.41$ FIXED FEE (Profit) l) (Rate:10% )725.21$ OTHER DIRECT COSTS (ODC) (ODC is actual cost to be reimbursed with supporting documentation.) m) Reproduction n) Conference Calls o) Travel/Mileage Expense (Mileage will be IRS standard rate.) p) Mailing/Overnight/Special Deliveries q) -$ CNS Cost (Prime Consultant)7,977.34$ SUBCONSULTANT COSTS MSA Consultants -$ Epic Land Solutions 51,723.33$ KOA Corporation -$ Aguilar Consulting, Inc. -$ Converse Consulting -$ TKD Associates -$ Terra Nova Planning and Research -$ CASC Consulting -$ VMS -$ 51,723.33$ TOTAL COST [(c) + (e) + (j) + (k) + (r) + (s)] r) TOTAL OTHER DIRECT COSTS [(m) + (n) + (o) + (p) + (q) ] Palm Springs City Project No. 08-25 Classification/Title Principal Bridge Engineer/PM Name James J. Lu Steve Hosford k) TOTAL PROFIT [(c) + (e) + (j)] x (l)] ) e) TOTAL FRINGE BENEFITS [(c) x (d)] ) i) Gen & Admin [(c) x (h)] j) TOTAL INDIRECT COSTS [(g) + (i)] ) g) Overhead [(c) x (f)] Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening) City of Palm Springs Cost Proposal 59,700.67$ Roadway Project Engineer/Deputy PM c) TOTAL DIRECT LABOR COSTS [(a)+(b)] FRINGE BENEFITS s) TOTAL SUBCONSULTANT COSTS Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Project Name:Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening)Date: 4/28/25 Contract No.: Palm Springs City Project No. 08-25 Consultant: CNS Engineers, Inc. Task No.Task Description Principal Bridge Engineer/PM Roadway Project Engineer/Deputy PM Total Hours Labor Cost Subconsultants Labor Cost Subtotal Labor Cost Loaded Rate $299.34 $220.76 Task 1 Project Management 1.1 Project Administration and Project Controls 0 -$ -$ -$ 1.2 Meetings and Coordination 0 -$ -$ -$ 1.3 Quality Assurance and Quality Control 0 -$ -$ -$ 1.4 Local Assistance Supports 0 -$ -$ -$ 2.3 Update SWPPP 0 -$ -$ -$ 2.4 Utility Relocation Coordination 0 -$ 9,252.72$ 9,252.72$ 2.5 Update Drainage Report 0 -$ -$ -$ 2.6 Update Topographic Field Survey 0 -$ -$ -$ 2.7 Value Analysis Study 0 -$ -$ -$ Task 3 3.1 65% Roadway Plans 0 -$ -$ -$ 3.2 65% Storm Drain Plans and Erosion Control Plans 0 -$ -$ -$ 3.3 65% Channel Improvements Plans 0 -$ -$ -$ 3.4 65% Landscaping Plans 0 -$ -$ -$ 3.5 65% Traffic Control Plans 0 -$ -$ -$ 3.6 65% Signing and Striping Plans 0 -$ -$ -$ 3.7 65% Traffic Signal Improvement Plans 0 -$ -$ -$ 3.8 65% Bridge Mounted Lighting Plans 0 -$ -$ -$ 3.9 95% Civil Roadway PS&E 0 -$ -$ -$ A. Pavement Reconstruction 0 -$ -$ -$ B. Retaining Wall Profile 0 -$ -$ -$ C. CV-Link /CCWWBP Coord. and Plan Modifications 0 -$ -$ -$ 3.10 65% Unchecked Structure Plans 0 -$ -$ -$ 3.11 Bridge Design Independent Check 0 -$ -$ -$ 3.12 95% Structure PS&E 0 -$ -$ -$ 3.13 Final 100% Design PS&E & Contract Bid Documents 0 -$ -$ -$ G1. Implementation of the 2023 Caltrans Construction Contract Standards 0 -$ -$ -$ G2. Candlewood Drive Pedestrian Crossing 0 -$ -$ -$ G3. Order of Work of Traffic Controls: 0 -$ -$ -$ G4. Update of the Roadway 100% PS&E 0 -$ -$ -$ G5. Update Whitewater River Channel Topographic Surveys (Field Work and Digital Mapping Preparation)0 -$ -$ -$ F1. Update Channel Survey 0 -$ -$ -$ F2. Revise Floodplain and Bridge Hydraulics and Scour Study Report 0 -$ -$ -$ F3. Revise Channel Improvements Plans, Specifications, and Quantities/Cost Estimates 0 -$ -$ -$ F4. Report, Plans, Specifications Processing for Review and Approval 0 -$ -$ -$ Task 4 4.1 Habitat Mitigation and Monitoring Plan 0 -$ -$ -$ 4.2 CEQA Exemption & NEPA Caltrans Revalidation 0 -$ -$ -$ Task 1.0 1.1 Legal Descriptions and Plats 0 -$ -$ -$ 1.2 Right-of-Way Appraisal, Acquisition and Certification 6 28 34 7,977.34$ 35,920.60$ 43,897.95$ 6 28 34 53,150.67$ 6,550.00$ 59,700.67$ Subtotal ODC Total Cost w/ODC City of Palm Springs Cost Proposal - Man Hour Worksheet Total Labor Cost Total Hours Right-of-Way Services Phase II Final Design Plans, Specifications and Estimate (PS&E) Plans, Specifications and Estimates (PS&E) Environmental Permitting Civil Roadway PS&E Structure PS&E Phase III Right of Way Phase Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Consultant: Project Name: Contract No.Date:5/8/2025 DIRECT LABOR Hours Actually Hourly Rate Total 0 64.18$ -$ 15 60.10$ 901.50$ 8 62.50$ 500.00$ 88 36.32$ 3,196.16$ 210 41.00$ 8,610.00$ 5 34.13$ 170.65$ 60 30.29$ 1,817.40$ LABOR COSTS a) Subtotal Direct Labor Costs 15,406.16$ b) Anticipated Salary Increases -$ 0.0% 15,406.16$ d) Fringe Benefit (Rate:-$ INDIRECT COSTS f) Overhead (Rate:166.56%25,660.50$ h) General and Administrative (Rate:-$ 25,660.50$ FIXED FEE (Profit) l) (Rate:10% )4,106.67$ OTHER DIRECT COSTS (ODC) (ODC is actual cost to be reimbursed with supporting documentation.) m) Travel/Mileage Expense (Mileage will be IRS standard rate.)200.00$ n) Mailing/Overnight/Special Deliveries 350.00$ o) Online Data Services -$ p) Preliminary Title Reports -$ q) Appraisal Report (1) - APN 677-420-060 (Molson Cimarron, LLC) 4,000.00$ Appraisal Review Report (1) - APN 677-420-060 (Molson Cimarron, LLC) 2,000.00$ 6,550.00$ SUBCONSULTANT COSTS Title Company Goodwill Appraisal Utility Potholing -$ Litigation Guarantees -$ TOTAL COST [(c) + (e) + (j) + (k) + (r) + (s)] City of Palm Springs Cost Proposal Epic Land Solutions Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening) Palm Springs City Project No. 08-25 Classification/Title Name Advisory Manager Darcy Mendoza Project Manager Robert Enriquez Utility Manager Mike Mays Utility Coordinator Bernadette Salto Sr. ROW Agent Maria Sauza ROW Agent Christine Wasfi ROW Analyst Vivian Lanza 51,723.33$ c) TOTAL DIRECT LABOR COSTS [(a)+(b)] FRINGE BENEFITS ) e) TOTAL FRINGE BENEFITS [(c) x (d)] ) g) Overhead [(c) x (f)] ) i) Gen & Admin [(c) x (h)] j) TOTAL INDIRECT COSTS [(g) + (i)] k) TOTAL PROFIT [(c) + (e) + (j)] x (l)] r) TOTAL OTHER DIRECT COSTS [(m) + (n) + (o) + (p) + (q) ] s) TOTAL SUBCONSULTANT COSTS Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Project Name: Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening) Date: 5/8/25 Contract No.: Palm Springs City Project No. 08-25 Consultant: Epic Land Solutions Task No.Task Description Advisory Manager Project Manager Utility Manager Utility Coordinator Sr. ROW Agent Budget & Financial Controls ROW Analyst Budget & Project Controls Total Hours Labor Cost Subconsultants Labor Cost Subtotal Labor Cost Loaded Rate $188.19 $176.22 $183.26 $106.50 $120.22 $100.07 $88.82 $123.41 3.20 USACE Section 404 Permit and NEPA Clearance/USEPA & SWRCB Section 401 Water Quality Certification 0 -$ -$ -$ Task 1 Project Management 1.1 Project Administration and Project Controls 0 -$ -$ -$ 1.2 Meetings and Coordination 0 -$ -$ -$ 1.3 Quality Assurance and Quality Control 0 -$ -$ -$ 1.4 Local Assistance Supports 0 -$ -$ -$ 2.3 Update SWPPP 0 -$ -$ -$ 2.4 Utility Relocation Coordination 4 80 84 9,252.72$ -$ 9,252.72$ 2.5 Update Drainage Report 0 -$ -$ -$ 2.6 Update Topographic Field Survey 0 -$ -$ -$ 2.7 Value Analysis Study 0 -$ -$ -$ Task 3 3.1 65% Roadway Plans 0 -$ -$ -$ 3.2 65% Storm Drain Plans and Erosion Control Plans 0 -$ -$ -$ 3.3 65% Channel Improvements Plans 0 -$ -$ -$ 3.4 65% Landscaping Plans 0 -$ -$ -$ 3.5 65% Traffic Control Plans 0 -$ -$ -$ 3.6 65% Signing and Striping Plans 0 -$ -$ -$ 3.7 65% Traffic Signal Improvement Plans 0 -$ -$ -$ 3.8 65% Bridge Mounted Lighting Plans 0 -$ -$ -$ 3.9 95% Civil Roadway PS&E 0 -$ -$ -$ A. Pavement Reconstruction 0 -$ -$ -$ B. Caltrans Type 1 Retaining Wall Profile 0 -$ -$ -$ C. CV Link /CCWWBP Coord. and Plan Modifications 0 -$ -$ -$ 3.10 65% Unchecked Structure Plans 0 -$ -$ -$ 3.11 Bridge Design Independent Check 0 -$ -$ -$ 3.12 95% Structure PS&E 0 -$ -$ -$ 3.13 Final 100% Design PS&E & Contract Bid Documents 0 -$ -$ -$ G1. Implementation of the 2023 Caltrans Construction Contract Standards 0 -$ -$ -$ G2. Candlewood Drive Pedestrian Crossing 0 -$ -$ -$ G3. Order of Work of Traffic Controls: 0 -$ -$ -$ G4. Update of the Roadway 100% PS&E 0 -$ -$ -$ G5. Update Whitewater River Channel Topographic Surveys (Field Work and Digital Mapping Preparation)0 -$ -$ -$ Task 4 4.1 Habitat Mitigation and Monitoring Plan 0 -$ -$ -$ 4.2 CEQA Exemption & NEPA Caltrans Revalidation 0 -$ -$ -$ Task 5 5.1 Legal Descriptions and Plats 0 -$ -$ -$ 5.2 Right-of-Way Appraisal, Acquisition and Certification 15 4 8 210 5 60 5 307 35,920.60$ -$ 35,920.60$ 0 15 8 88 210 5 60 5 391 45,173.33$ 6,550.00$ 51,723.33$ Civil Roadway PS&E City of Palm Springs Cost Proposal - Man Hour Worksheet Final Design Plans, Specifications and Estimate (PS&E) Plans, Specifications and Estimates (PS&E) Phase I Project Approval and Environmental Document (PA&ED) Subtotal ODC Total Cost w/ODC Structure PS&E Environmental Permitting Right-of-Way Services Total Hours Total Labor Cost Phase III Right of Way Phase Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 1 of 34 EXHIBIT “A” SCOPE OF WORK General Scope of Work – Consultant shall provide the City with final design, right-of- way services related to the Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening), (City Project #08-25), Federal Aid Project No. BHLS 5282(040) (hereinafter the “Project”). The intent of this project is to widen Ramon Road to its 6-lane divided arterial roadway cross-section, including widening of the existing Ramon Road Bridge (State Bridge No. 56C-0287) and additional turning lanes at two key intersections. The preparation of the contract and right of way documents shall comply with applicable local, state and federal regulations, policies, procedures, manuals and standards necessary to obtain project approvals from various regulatory agencies. Technical Scope of Work Phase I – Project Approval and Environmental Document (PA&ED) Task 1: Project Management Task 1.1 Project Administration and Project Controls (Extra work for previously approved Amendment No. 8) Consultant shall provide project administration related to supplemental biological resources assessment. Task 3.17 Final Environmental Document (MND/FONSI) (Extra work for previously approved Amendment No. 8) Consultant’s biologist shall conduct IPaC data research and provide an updated evaluation of the project site. IPaC is U.S. Fish & Wildlife Service (USFWS)’s project planning tool that streamlines the USFWS environmental review process. A letter report will be prepared documenting any changes to the existing conditions and an updated sensitive species table. An evaluation will be conducted to document the effects determination for each potentially occurring federal listed species (i.e., no effect, NLAA, or AA). Deliverables: a letter report summarizing supplemental biological resources assessment Task 3.19 Publish Notice in federal Register (Extra work for previously Amendment No. 8) This task is no longer required. Task 3.20 USACE Section 404 Permit and NEPA Clearance/USEPA & SWRCB Section 401 Water Quality Certification (Extra work for Amendment No. 9) Consultant’s environmental team shall coordinate with regulatory agencies to renew the 404 NW Permit and 401 Water Quality Certifications that will expire on March 18, 2022. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 2 of 34 Deliverables: USACE 404 NW Permit and RWQCB 401/EPA 401 Water Quality Certifications Phase II – Final Civil Engineering Design (Plans, Specifications and Estimates - PS&E) Task 1: Project Management Task 1.1 Project Administration and Project Controls (Original Contract Scope) Consultant’ project administration shall be conducted to ensure timely progress reporting and billing, accurate project record keeping, monitoring of costs, progress, deliverables and adherence to quality standards. Internal project coordination meetings shall be conducted monthly through office meetings, conference calls and exchange of emails, to maintain good project communication. Schedule Control: During the project development, Consultant shall ensure that the schedule adheres to all contractual requirements. The schedule will be constantly updated. Consultant shall work closely with the City for the delivery requirements. Document Control: All in-coming and out-going design and correspondence materials shall be logged, and filed according to a project-specific document control system. Accounting and Invoicing Procedures: Consultant shall follow general City and Caltrans accounting and billing requirements. All man-hours, direct and indirect costs shall be tracked. Cost Control: Project costs shall be verified on a monthly basis. Cost-to-date, estimated actual percent completed, and estimated budget to complete by individual task at each invoicing period will be documented. (Extra Work for previously approved Amendment No. 4) Consultant shall provide project administration related to securing a Right of Entry (ROE) to access the Agua Caliente Indian Tribal Lands through Bureau of Indian Affairs (BIA) in support of geotechnical exploratory borings in the Whitewater River; conducting inspection of emergency bridge expansion joint repair; and obtaining relevant right of way documents in support of relocation of the impacted utility poles own by SCE. The consultant’s effort shall include setting contractual supports and scheduling with sub- consultants who will be involved in the described extra work. (Extra work for previously approved Amendment No. 5) Consultant shall provide project administration related to Water Percolation Testing to support design setting of a Dry Well, incorporation of CV-Link Trail Design, and Pavement Reconstruction between Crossley Road and Landau Boulevard. The consultant’s effort Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 3 of 34 shall include setting contractual supports and scheduling with sub-consultants who will be involved in the described extra work. (Extra work for previously approved Amendment No. 6) Consultant shall provide project administration related to: conducting additional utility relocation coordination with Southern California Edison (SCE) for the relocation of the transmission pole; adding a new retaining wall and landscaping beside the Cimarron Cove HOA property along the back of the sidewalk on the north side of Ramon Road east of the Whitewater River to avoid impacts to the private property; updating the channel improvement plans per the new CVWD’s adopted Ordinance No. 1234.2; adding a Dry Well Siphon Underdrain across Ramon Road involving additional utility potholing; establishing an inventory of existing landscape irrigation conditions at twelve properties affected by the project improvements; updating Bridge Hydraulics and Study to accommodate Golf Course modifications and the CV-Link trail in the channel; providing various technical assistance necessary in completing the right of way offer packages; and performing additional right of way appraisal service to address design refinements involving reducing TCE’s and slope easements and addressing impacts of reconstruction of Hole #5 to the Golf Course, ownership of the Billboard property, and to transfer deeds of 19 parcels from City of Palm Springs to the City of Cathedral City. The consultant’s effort shall include setting contractual supports and scheduling with sub-consultants who will be involved in the described extra work. (Extra work for previously approved Amendment No. 7) Consultant shall provide project administration related to: preparation of goodwill appraisals, conducting additional right-of-way negotiation with seven property owners who have not accepted the agreements, performing coordination with SCE for the relocation of the impacted telecommunication overhead line, ordering litigation guarantees, modifying right-of-way legal descriptions and plats for the impacted Tribal properties by Allottee, performing Value Analysis Study, redesign of north side of Ramon Road east of Landau Boulevard. The consultant’s effort shall include setting contractual supports and scheduling with sub-consultants who will be involved in the described extra work. Deliverables: monthly invoices, progress reports, schedule updates and document logs Task 1.2 Meetings and Coordination (Original Contract Scope) This task shall include general management and coordination among the City, Consultant Team, Caltrans, jurisdictional agencies, and other key stakeholders. Project meetings shall be conducted to maintain good project communication in purposeful and concise meetings. Project coordination shall be established by frequent progress review meetings or conference calls. Project Development Team (PDT) meetings in the City Hall or by conference calls shall be conducted. A meeting agenda shall be prepared in advance. All action items listed in the meeting minutes shall be reviewed in every meeting. Other typical procedures including preparing Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 4 of 34 monthly progress reports; establishing design criteria; posting project issues to all individuals; conducting biweekly progress review for all engineering plans and reports; mitigating all independent check and review comments; clearing communication lines to maintain the project schedule. Project Manager and appropriate key task leaders or engineers shall attend the meetings. (Extra work for the previously approved Amendment No. 4) Consultant shall provide project coordination related to securing a Right of Entry (ROE) to access the Agua Caliente Indian Tribal Lands through Bureau of Indian Affairs (BIA) in support of geotechnical exploratory borings in the Whitewater River; conducting inspection of emergency bridge expansion joint repair; and obtaining relevant right of way documents in support of relocation of impacted utility poles own by SCE. The consultant’s effort shall include coordinating with sub-consultants, the bridge contractor and permitting agencies who will be involved in the described extra work; reviewing the preliminary title reports and plotting recorded easements on the BIA parcels; clarifying BIA’s questions and researching records to determine whether the existing bridge is on the public easement; preparing exhibits and attending various meetings with BIA to discuss the existing easements and the ROE requirements; drafting letters to landowners requested by BIA; coordinating with BIA and the Tribe to arrange cultural monitoring, cooperative agreement between the City and the Tribe, surety bond and rental fees; coordinating drilling schedule with several parties involving tribal cultural monitor, the drilling contractor, the design team, CVWD and RCFC&WCD. (Extra work for previously approved Amendment No. 6) Consultant shall provide project coordination related to: conducting additional utility relocation coordination with Southern California Edison (SCE) for the relocation of the transmission pole; adding a new retaining wall and landscaping beside the Cimarron Cove HOA property along the back of the sidewalk on the north side of Ramon Road east of the Whitewater River to avoid impacts to the private property; updating the channel improvement plans per the new CVWD’s adopted Ordinance No. 1234.2; adding a Dry Well Siphon Underdrain across Ramon Road involving additional utility potholing; establishing an inventory of existing landscape irrigation conditions at twelve properties affected by the project improvements; updating Bridge Hydraulics and Study to accommodate Golf Course modifications and the CV-Link trail in the channel; providing various technical assistance necessary in completing the right of way offer packages; and performing additional right of way appraisal service to address design refinements involving reducing TCE’s and slope easements and addressing impacts of reconstruction of Hole #5 to the Golf Course, ownership of the Billboard property, and to transfer deeds of 19 parcels from City of Palm Springs to the City of Cathedral City. (Extra work for previously approved Amendment No. 7) Consultant shall provide project coordination related to: preparation of goodwill appraisals, conducting additional right-of-way negotiation with seven property owners who have not accepted the agreements, performing coordination with SCE for the relocation of the impacted telecommunication overhead line, ordering litigation guarantees, modifying right-of-way legal descriptions and plats for the impacted Tribal Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 5 of 34 properties by Allottee, performing Value Analysis Study, redesign of north side of Ramon Road east of Landau Boulevard. The consultant’s effort shall include setting contractual supports and scheduling with sub-consultants who will be involved in the described extra work. Deliverables: meeting agendas, meeting minutes, and coordination memorandums Task 1.3 Quality Assurance and Quality Control (Original Contract Scope) Consultant shall provide Quality Control and Quality Assurance (QC/QA) for all project documents and plans to ensure that the project moves forward to delivery as quickly as possible. Upon notice to proceed, the QC/QA procedures shall be clearly outlined for the project team. These procedures shall include checklists for plan preparation, e-file sharing procedures and document controls, and independent reviews by senior staff. Consultant shall review the design documents to make sure that the design is consistent with the funding requirements so that the review and approval process is expedited. Consultant shall make sure all right-of-way acquisitions, easements, and utility relocation for the project are reasonable and cost-efficient. Deliverables: Quality Control and Quality Assurance Plan Task 1.4 Local Assistance Support (Original Contract Scope) Consultant shall assist the City in preparing Requests for Authorization (RFA) to proceed with Right-of-Way Acquisition, Utility Relocation, and Construction in accordance with Caltrans Local Assistance Procedure manual. Consultant shall provide technical supports and attend up to two (2) meetings with the City and Caltrans District 8 Local Assistance as required to discuss the funding authorization matters. Deliverables: requests for authorization to proceed with right-of-way acquisition, utility relocation and construction Task 2: Final Design Reports and Studies Task 2.1 Utility Potholing (Original Contract Scope) Consultant shall coordinate potholing for up to 25 potholes for the existing utilities at critical locations. Consultant shall coordinate with the respective utility owners for the potholing work. Consultant shall coordinate the use of field survey crews to locate potholed utilities by coordinates and elevations based on the project’s survey controls. Deliverable: a report upon completion including elevations for use by the project surveyor Task 2.2 Geotechnical Investigations and Design Reports (Original Contract Scope) (Existing Document Review) Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 6 of 34 Consultant shall review available geologic and geotechnical literature pertaining to the project site. Review published soil and geologic data in existing files and as available from appropriate public agencies. This shall include a review of literature prepared by the California Geological Survey, the U.S. Geological Survey, County of Riverside, Caltrans, City of Palm Springs and City of Cathedral City, and other government agencies. An aerial photograph analysis shall be performed to evaluate the site geomorphology, history of development, and presence of potential geologic hazards (i.e., fault lineaments, slope instability). (Project Set-up) As part of the project set-up, Consultant shall conduct the following: Perform a field reconnaissance to evaluate site conditions and mark the boring locations. Obtain no-fee permits from the City of Palm Springs and City of Cathedral City. Notify Underground Service Alert (USA) at least 48 hours prior to drilling. Arrange for a hollow stem auger drill rig. (Field Investigation) Consultant understands Ramon Road is a busy street, so drilling within the street during normal hours may not be possible. Consultant has included provisions within their scope and cost to conduct their field investigation over the weekend. Consultant’s field investigation shall consist of coring the bridge deck and drilling exploratory borings. (Bridge Deck Core Samples) Three (1 to 2 inches) core samples will be collected from the bridge deck to determine the bonding condition between the precast and cast-in-place layers of the concrete. Traffic control shall be required during the coring operation. (Borings) The purpose of the borings shall be to: Obtain subsurface information within the channel bottom and on the streets. Obtain undisturbed and bulk samples of the various soil types for geotechnical laboratory testing. Their field exploration plan is presented in the table below: Location Number of Borings / Depth Bridge Abutments 4/70’ (each) Channel Bottom 4/50’ (each) Ramon Road 4/10’ (each) Landau Boulevard 2/10’ (each) Wet Well 1/50’ Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 7 of 34 Total 15/590’ Borings shall be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8- inch diameter hollow stem auger for soils sampling. Soils shall be continuously logged and classified by a geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System. Undisturbed ring samples of the subsurface materials shall be obtained using a Modified California Sampler (2.4 inches inside diameter and 3.0-inch outside diameter) lined with thin-walled sample rings. The sampler shall be driven into the bottom of the borehole with successive drops of a 140-pound hammer falling thirty (30) inches. The number of successive drops of the driving weight (“blows”) required for each 6.0 inches of penetration shall be shown on the boring log. The soil shall be retained in brass rings (2.4 inches in diameter and 1.0 inch in height). The central portion of the sample shall be retained and carefully sealed in waterproof plastic containers for shipment to the laboratory. Representative bulk samples shall be collected from the borings. The borings shall be backfilled loose with soil cutting. As a result, the surface may settle over time. If construction is delayed, Consultant recommends the owner monitor the boring site and backfill any settlement or depression that might occur, or provide protection around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement. (Laboratory Testing) Soil samples obtained in the subsurface exploration shall be transported to Consultant’s geotechnical laboratory. Geotechnical testing may include the following: (Seismic Hazard Assessment) A geologic/seismic hazard evaluation shall be conducted for this project. This will include evaluations of the potential for surface fault rupture, seismic-induced ground deformation or settlement related to liquefaction, seismic compaction, lurching or lateral spreading. (Reports) Data obtained from the documents review, field investigation, and laboratory testing will be evaluated and draft reports including Geotechnical / Material Report and Bridge Foundation Report prepared in accordance with Caltrans Standards will be issued for review and comments. (Extra Work for previously approved Amendment No. 4) Consultant shall provide project coordination related to securing a Right of Entry (ROE) to access the Agua Caliente Indian Tribal Lands through Bureau of Indian Affairs (BIA) in support of geotechnical exploratory borings in the Whitewater River. The Consultant shall obtain encroachment permits from CVWD and RCFC&WCD, provide BIA with an exhibit showing geotechnical boring location for approval, and shall coordinate with the drilling contractor to accommodate the inspection schedule of the cultural monitor assigned by the Tribe. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 8 of 34 (Extra Work for previously approved Amendment No. 5) Water Percolation Testing: A Percolation Test shall be provided as described below to provide information that will enable the design team to provide design dimensions and other criteria of the proposed Dry Well located at approximate street Station 54+20. In the original contract scope, it was intended for infiltration rates to be provided during construction to establish Dry Well depth and other criteria. However, it is proposed to conduct the water percolation testing in the design phase to avoid a potential construction change order as the contractor will have enough data to bid the right size of the Dry Well. (Task I: Project-Setup) As part of the project set-up, Consultant shall perform the following: Obtain a no-fee encroachment permit from City of Cathedral City. Conduct a site reconnaissance and mark the boring location so that a drill rig access is available. Notify Underground Service Alert (USA) at least 48 hours prior to drilling to clear the borings locations of any conflict with existing underground utilities. Engage a drill subcontractor to conduct the field exploration. (Task II: Subsurface Exploration) Consultant shall drill one boring to a depth of 50 feet below existing ground surface. The purpose of the boring will be to: Obtain subsurface information and retrieve representative bulk samples of the various soil types. Conduct water percolation test. If auger refusal is encountered at a shallower depth than listed above, then the boring will be terminated at the depth of refusal. Consultant shall remove the augers and attend another boring. The boring will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with 8- inch diameter hollow-stem augers for soils sampling. Soils will be continuously logged and classified by the geologist/engineer in the field by visual examination in accordance with the Unified Soil Classification System. Bulk samples of representative soil types will be collected in plastic bags. Groundwater level if encountered will be recorded. (Task III: Percolation Test) A 3-inch diameter perforated pipe and gravel will be used to stabilize the test hole and reduce the potential for caving. Immediately following drilling, the test hole will be filled with water and allowed to presoak for 24 hours. The presoak will be reduced to 2 hours if the criteria for “sandy soils” are met. The bored hole will be filled with water approximately one hour prior to conducting the percolation test. During testing, the water level will be recorded every 30 minutes. Water Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 9 of 34 will then be added to near the original water level inside the boring. This method will be repeated a minimum of 6 hours for each test hole. The percolation rate will be corrected for gravel pack. It is intended that a percolation rate will be used in the design of the dry well. If an infiltration rate is needed, the measured percolation rate will be used to calculate an estimated infiltration rate using the Porchet inverse borehole method. Following the completion of testing, the bored hole will be loosely backfilled with excavated soil. The pipes and gravel may remain in place following the fieldwork. Consultant shall provide water supply for the percolation test. (Task IV: Laboratory Testing) Laboratory tests will likely include sieve analysis. (Task V: Percolation Test Report) A percolation test report shall be prepared which shall include the following items. Site and project description. Discussion of the field procedures used in the investigation. A discussion of the materials encountered in the boring and their measured engineering properties. Logs of the exploratory boring summarizing the subsurface conditions encountered and a plan indicating the locations of the explorations. Depth to groundwater. Soils classification based on sieve analysis. Percolation rate at the location of the Dry Well. Deliverables: a Geotechnical / Material Report, a Bridge Foundation Report, a Percolation Test Report Task 2.3 Update Storm Water Pollution Prevention Plan (SWPPP) (Original Contract Scope) Consultant shall prepare an update to the project’s single Storm Water Pollution Prevention Plan (SWPPP) that meets the requirements of both the United States Environmental Protection Agency’s (USEPA’s) February 16, 2012 Construction General Permit (USEPA-CGP) and the California State Water Resources Control Board’s (SWRCB’s) 2009 Construction General Permit as amended in 2010 and 2012 (SWRCB- CGP). The combined SWPPP is proposed because the project is located partially on lands designated as Allotted and Leased, and Allotted and Not Leased, by the Agua Caliente Band of Cahuilla Indians: the locations necessitates compliance with both EPA (for areas over Tribal land) and SWRCB (for areas not over Tribal land) requirements. The update will continue to utilize the EPA SWPPP Template, with revisions and additions needed to comply with SWRCB-CGP requirements. The update shall include revisions to incorporate the final design drawings onto which Consultant shall incorporate appropriate Best Management Practices (BMPs) to reduce or control the discharge of pollutants associated with construction. In addition, Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 10 of 34 construction related water pollution control BMPs identified in the Environmental Documents shall be included. The update shall include project ownership details. The update shall describe post-construction pollution control BMPs incorporated by the Engineer into the project design. A draft updated SWPPP shall be provided for review and comment. Upon receipt of comments, comments within the scope of services shall be incorporated into the final updated SWPPP. The final updated SWPPP shall be certified by a Qualified SWPPP Developer (QSD). Consultant shall file Notices of Intent (NOI) to obtain coverage under the USEPA-CGP and the SWRCB-CGP: for EPA, the NOI will be filed via the electronic Notice of Intent (eNOI) system, and for the SWRCB, the NOI will be filed via the Stormwater Multi- Application Reporting and Tracking System (SMARTS). In both cases, Consultant’s role shall be as a Data Submitter or equal role: it shall be the responsibility of the City to designate Consultant has a Data Submitted, to certify the NOIs as the Legally Responsible Person (LRP), and to pay required fees. Consultant shall provide support to assist the LRP in designating Consultant as a Data Submitter, certifying the NOIs, and submitting required fees. Deliverables: One draft SWPPP in electronic format (Adobe PDF format), one final SWPPP in electronic format (Adobe PDF format). (Extra Work for previously approved Amendment No. 10) CASC shall prepare an update to the project’s single Storm Water Pollution Prevention Plan (SWPPP) that meets the requirements of both the United States Environmental Protection Agency’s (USEPA’s) January 18, 2022, Construction General Permit (USEPACGP) and the California State Water Resources Control Board’s (SWRCB’s) 2022 Construction General Permit (SWRCB-CGP). The update will continue to utilize the EPA SWPPP Template, with revisions and additions needed to comply with SWRCB- CGP requirements. The SWPPP update shall address the new requirements added to the 2022 USEAP-CGP and 2022 SWRCB-CGP. In addition, any construction related water pollution control BMPs updates identified in the 2022 CGPs shall be included. The final updated SWPPP shall be certified by a Qualified SWPPP Developer (QSD). If necessary, CASC shall file Notices of Intent (NOI) to obtain coverage under the USEPACGP and the SWRCB-CGP: for EPA, the NOI will be filed via the electronic Notice of Intent (eNOI) system, and for the SWRCB, the NOI will be filed via the Stormwater Multi-Application Reporting and Tracking System (SMARTS). In both cases, CASC’s role shall be as a Data Submitter or equal role: it shall be the responsibility of the Agency to designate CASC has a Data Submitted, to certify the NOIs as the Legally Responsible Person (LRP), and to pay required fees. CASC shall provide up to 1 hour of support to assist the LRP in designating CASC as a Data Submitter, certifying the NOIs, and submitting required fees. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 11 of 34 Deliverables: One draft SWPPP in electronic format (Adobe PDF format). One final SWPPP in electronic format (Adobe PDF format) Task 2.4 Utility Relocation Coordination (Original Contract Scope) Consultant’s goal of Right-of-Way Utility Coordination is to determine who has prior rights and identify potential moves and time frames. Critical during this early phase is the conducting of utility identification and the coordination, communication and continued involvement with design engineers, utility companies and utility relocation contractors. Consultant's Utility Relocation Manager shall prepare a Utility Matrix identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon) and verification of facilities by researching utility records and as-built plans; prepare utility conflict matrix to identify all potential conflicts and develop a plan of action and tentative schedule; perform joint field reviews, review permit records and license agreements; verify facilities from each owner which has facilities in the project alignment area. It is assumed that no more than seven utilities may be affected by the project. Consultant's Utility Relocation Coordination includes: Obtain as-built plans, data from the design consultant, and other resources. Review the project and utility plans. Conduct interviews with design team. Determine utility relocation and easement requirements. Identify and interview all utility owners, and confirm their facilities within the project area. Coordinate with project engineer, local agency and utility owners. Review utility owner’s designs, prepare utility agreements and notices to owners. Determine advance utility alternatives, perform site verifications. (Extra Work for previously approved Amendment No. 4) The Consultant shall independently secure right-of-way documents to determine the prior right for the impacted utility poles own by SCE. The Consultant shall provide continuous effort in spite of SCE’s reluctance of providing necessary information needed for the design team to move forward with the Report of Investigation and to draft a Utility Agreement addressing any advance funds for SCE’s engineering work. (Extra Work for previously approved Amendment No. 6) Consultant shall provide additional utility relocation coordination services with Southern California Edison (SCE) due to SCE personnel changes, SCE delays, and additional meetings pertaining to the claim of liability and providing design support for relocation of the transmission pole at the southwest corner of the intersection of Ramon Road and Landau Boulevard. (Extra Work for previously approved Amendment No. 7) Consultant shall provide additional utility relocation coordination services with Southern California Edison (SCE) for the newly discovered telecommunication facility mounted on Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 12 of 34 the transmission poles at the southwest corner of the intersection of Ramon Road and Landau Boulevard. (Extra Work for Amendment No. 11) The consultant shall update the utility relocation certification package to support the Caltrans right of way certification. Deliverables: Utility As-Built Plans, Utility Relocation Plans and Utility Conflict Matrix Task 2.5 Update Drainage Report (Original Contract Scope) Consultant shall provide revisions to the Drainage Report prepared during the project study report phase and provide assistance as required for the purpose of obtaining final approval. Deliverables: Drainage Report revisions and final drainage report Task 2.6 Update Topographic Field Survey (Original Contract Scope) Consultant shall update and enhance the initially topographic survey by performing the following: Survey elevations and locations as a result of the utility potholing (25 potholes) and geotechnical boring (15 bored holes). Update utility plans based on the finding of the utility potholing. Perform topographic survey in the channel to confirm the existing OG elevation beneath the bridge. Provide topo and cross-section survey of Landau Boulevard 600’ north and 800’ south of Ramon Road. Survey shall include the existing Bowling Alley parking lot. Perform field cross sections of Ramon Road from San Luis Rey to the west end of bridge behind curb only, and from the east end of bridge to the east End of Curb Return of Avenida La Paloma. Provide topo survey of the existing detention basin and the Overflow Structure on the west side of Landau Boulevard north of Ramon Road. Dip the Storm Drain manholes in locations near where Junction Structures are to be constructed. Provide survey of the area at the Villa Bakery Restaurant where the transparent sound wall will be installed. File Corner Records and/or Record of Survey as required. Deliverables: Updated topographic survey with supplemental survey observations in AutoCAD and PDF format 2.7 Value Analysis Study (Extra Work for previously approved Amendment No. 7) Consultant’s team member, VMS shall conduct Value Analysis (VA) study following the Caltrans VA methodology as outlined in the Chapter 19, "Value Analysis" of the Project Development Procedures Manual (PDPM) and detailed in the latest Caltrans VA Team Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 13 of 34 Guide and Report Guide. VA study shall identify and evaluate alternative project solutions and provide recommendations to the City. Key engineering team members shall attend the VA meetings for briefing and shall respond to comments and revise drawings, as necessary, to finalize the study. Deliverables: draft and final Value Analysis Study reports Task 3: Plans, Specifications and Estimates (PS&E) Civil Roadway PS&E Task 3.1 65% Roadway Plans (Original Contract Scope) Consultant shall prepare the 65% Complete Plans based on the preliminary geometric layout. Drawings consist of a Title Sheet, three Typical Section and Detail Sheets, four 40-scale demolition plans west of the bridge and two demolition plans east of the bridge, and eight 20-Scale Street Improvement Plan and Profile sheets west of the bridge and four sheets east of the bridge. All elements of the work are included in the 65% Roadway Plans, however, some details may be remaining for the 95% Submittal. The title sheet shall be prepared in accordance with City of Palm Springs standards and includes the project title, vicinity map, sheet index, general notes and other information in accordance with the City’s format and City of Cathedral City signature block. The Typical Section and Detail Sheets shall include the typical street sections, non-standard details as well as a full listing of roadway construction and removal notes. The Demolition Plans and the Street Improvement plan and profile sheets shall show the existing topography, limits of work, construction notes, right-of-way, utilities, and other general design elements. Centerline, top of curb, and/or edge of pavement design shall be provided on the Street Improvement profile. Retaining wall layouts, top of wall, bottom of footing, and finished surface elevations are shown on the Street improvement sheet plan view. Cross Sections at intervals of no greater than 50 feet shall be drawn at H:1” = 20’ and V:1” = 2’ and prepared to establish the limits of grading and confirm the project footprint. Earthwork quantities are established based on these cross sections. Consultant shall prepare one detail sheet showing the striping modification of the Palm Springs Lanes/Ramon Tower parking lot including the relocation of one existing parking lot light. Electrical connection is provided on the Landscaping plans. Deliverables: 65% roadway plans Task 3.2 65% Storm Drain Plans and Erosion Control Plans (Original Contract Scope) Consultant shall prepare all Storm Drain Improvement plans on both east and west side of the bridge to include: Relocate six (6) existing catch basins west of the bridge. The new catch basins will be the same size as the existing catch basin being replaced. Relocate three (3) existing catch basins east of the bridge to include: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 14 of 34 Dry Well east of Landau near street station 51+20 Overflow structure in the Detention Basin and associated hydrology/hydraulic analysis New catch basin near street station 48+50 Provide details of Rip Rap Erosion Control Blanket at the south end of extended Landau Boulevard Provide updates to calculations and approvals. Prepare quantities and cost estimate using the 65% Complete Plans. Deliverables: 65% Storm Drain Plans, Quantities and Cost Estimate Task 3.3 65% Channel Improvement Plans (Original Contract Scope) Consultant shall prepare final channel improvements plans at a scale of 1”=40’ based on the agency approved preliminary channel improvements plan. The plan set shall consist of a title sheet, a layout/grading plan sheet, a channel profile sheet, a channel cross section sheet, and three (3) detail sheets for a total of seven (7) sheets. The City of Palm Springs, CVWD, RCFC&WCD, and APWA standards and structures will be used in the design. This scope shall include preparation of quantity and cost estimates in support of the channel design. Consultant shall update the final bridge hydraulics and floodplain/scour report based on the final channel and bridge design for CVWD and RCFC&WCD review and approval. Deliverables: Channel Improvements Plans, Updated Final Bridge Hydraulics and Floodplain/Scour Report, and Quantity/Cost Estimates. Task 3.4 65% Landscape Plans (Original Contract Scope) Consultant shall provide the landscape architecture services. As shown on the Ramon Road Bridge construction 30% Geometric Approval Drawings, the limits of planting and irrigation improvements consist of the following locations: Modify the planting and irrigation of the reconfigured median between Agua Caliente Trail and Crossley Road. Create planting and irrigation within new median on Ramon Road between Crossley road and the west side of the bridge. Modify existing planting and irrigation within the reconstructed median between Landau Blvd and Candlewood Drive, plus modify the planting and irrigation of the reconfigured median immediately west of Candlewood Avenue. Create Planting and Irrigation Plan for the north parkway between street stations 11+25+/- and 14+60+/- and between stations 21+90+/- and 22+55+/- and between stations 23+10+/- and 33+10+/-. Drawings include the relocation of the illuminated “U-Store It” sign. Modify the existing parkway landscaping in the south side of Ramon Road between stations 17+50+/- and 22+50+/-. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 15 of 34 Modify the existing parkway landscaping on the west side of Landau Boulevard between stations 10+70+/- to 13+30+/-. Modify existing parkway landscaping on private property at three locations: north side east of Landau Boulevard between street stations 51+05+/- and 54+30+/-; south side east of Landau Blvd between stations 49+80+/- and 52+00+/-; and south side east of Landau Blvd between street stations 52+40+/- and 55+60+/-. Landscaping drawings include the relocation of illuminated business signage at the Chevron Gas Station and Palm Springs Bowling lanes, and the relocation of on parking lot light. (Schematic Design) The initial phase consists of the following subtasks: Site Visit and Project kick-off meeting with the design team and City members Review Goals and Objectives and Project Schedule. Prepare Project Base Plans. Site Analysis and Inventory of Existing Plant Material and Irrigation Systems Prepare Schematic Landscape Design Concept and Renderings for Selected Areas. Conceptual Landscape Lighting Plan Color Presentation Plans for City Review Meet and Review with City Planning and Engineering and Presentations [Design Development (65% Submittal)] Upon acceptance of the schematic design, development of the 65% Complete Design consists of the following: Develop Preliminary Project Master Plan. Prepare Final Landscape Concept and Renderings for Selected Areas. Master Plant Palette and Color Board Review with Planning, Engineering and Tribal Committees. Develop Water Calculations. Develop Preliminary Construction Cost Estimate. Develop Implementation and Phasing Program. Color Presentation Plan and Plant Palette for City Review Final Presentation to City and Review Committees Submittal to DWA and City Consultant’s artist shall provide a review of the 95% Complete Bridge Aesthetic Plans to ensure that the bridge architectural design is consistent with the conceptual aesthetic plan that was approved by the Public Art Commissions. Deliverables: Presentations of conceptual landscaping concepts including colored plans and plant palette, 65% landscape plans Task 3.5 65% Traffic Control Plans (Original Contract Scope) Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 16 of 34 Consultant shall provide construction traffic handling, including traffic control plans needed to establish work area and associated lane closures and placement of temporary traffic control devices. The basic approach will follow the stages described in the Project Report (equivalent) and consist of three construction stages: Stage One, building the north side of Ramon Road; Stage Two, building the south side of Ramon Road; and Stage Three, constructing the raised medians and other final construction work. Base plans shall be prepared at 1"=40' and shall normally show a minimum of 2,000 feet of roadway with relevant medians, striping, and work area. The design, legend, and location of all work area signs, barricades, applicable notes and legend, and necessary additional traffic controls are designated and placed on the plan sheets. The plans shall be prepared to conform to the general requirements of the City of Palm Springs and Cathedral City, with consideration for the needs of the Contractor's construction operations. The project is expected to require six sheets. Prior to the 65% submittal, Consultant shall perform QAQC and independent peer review for the traffic control plans. Review comments will be redlined and forwarded to designer for correction. Deliverables: 65% Traffic Control Plans Task 3.6 65% Signing and Striping Plans (Original Contract Scope) Consultant shall provide the signing and striping plans. 40-Scale signing and striping plans shall be prepared on double tiered sheets showing the location of all proposed traffic signs, traffic stripes, markings, and the proper disposition of all affected existing signs and markings. Any work required to transition the proposed stripes to join with existing stripes shall be provided and the plans shall identify existing markings, signage, curb markings, and fire hydrants. Existing signage requiring relocation shall be shown. Existing signage to be relocated that does not meet MUTCD standards shall be shown to be replaced. The project is expected to require five sheets. Prior to the 65% submittal, Consultant shall perform QAQC and independent peer review for the signing and striping plans. Review comments will be redlined and send to designer for correction. Deliverables: 65% Complete Signing and Striping Plans Task 3.7 65% Traffic Signal Improvement Plans (Original Contract Scope) Consultant shall prepare plans for installation of traffic signal communication conduits along the Ramon Road widening limits. The new conduits will run between the three existing traffic signals connecting each controller combined. Conduit size would be determined by the agencies involved during the design phase. Pull boxes are expected to be located in 200 feet intervals and conduit termination at end points would stub out to a pull box. A trace wire will be installed in each conduit. Actual communications cable shall be added at this time only as requested by the agencies. Consultant shall prepare traffic signal modification Design at the following three locations: Ramon Road and Landau Boulevard: Full intersection widening improvements are proposed which include a new south leg on Landau Boulevard. It is expected that new signal poles and hardware shall be required for all corners along with revised Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 17 of 34 detection areas and updated lighting and pedestrian control to comply with current agency guidelines. Ramon Road and Crossley Road: Full intersection widening improvements are proposed which involve all four curb return areas. It is expected that existing signal poles would be replaced or relocated depending on the pole type and condition. Detection areas will be revised. Pedestrian control and lighting would be updated to current agency guidelines. Ramon Road and San Luis Rey Drive: Ramon Road widening mostly impacts the northeast corner to add a westbound to northbound combination through/right turn lane. As is typical with signal plans, a full intersection layout would be prepared with a focus on the northeast corner improvement. Existing signal poles conflicting with the proposed curb ramp would be replaced. The signal controller cabinet is presently set back and would be examined closely to avoid relocation and possible intersection rewiring. Deliverables: 65% submittal for a total of 4 to 5 plan sheets for 1”=20’ scale Task 3.8 65% Bridge Mounted Lighting Plans (Original Contract Scope) Local agencies such as Palm Springs do not use overhead street lighting on Ramon Road in the project area. Proposed roadway lighting is low level with fixtures mounted in the new bridge barrier walls. This type of bridge lighting is similar to that found on the Dinah Shore Drive Bridge rails and is not invasive to nocturnal fauna. Consultant shall review various wall mount or step type light fixtures and focus on those suitable for LED type lamps. The plan would provide details for fixture installation, wiring, service locations and conduit installation. Street lighting plan for the roadway segment is not part of the plans as it is not needed per existing condition. Deliverables: 65% submittal for 2 plan sheets on 1’=40” for one sheet and 1’=20” for the detail sheet Task 3.9 95% Civil Roadway Plans, Specifications, and Estimate (Original Contract Scope) (Civil Roadway Plans in All Disciplines) Comments from various agencies for the 65% Civil design submittal shall be reviewed and resolved. If needed, a meeting with the Cities or the review agencies shall be held to seek clarification on comments. Consultant shall incorporate resolution of comments in the 95% PS&E. Unresolved details are finalized and all drawings receive a general progress update. Landscape Plans include; Project Master Planting Plan, Construction Phasing Plan, Plant Removal/ Relocation Plan, Hardscape Plan and Finish Schedule, Master Planting Plan, Detailed Planting Plan at Selected Areas, Lighting Plan and Specifications, Irrigation Plan, Planting Details, and Irrigation Details. (Technical Specifications) Consultant shall prepare special provisions for items of work and conditions that are not covered by the Standard Specifications for Public Work Construction (Green Book). Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 18 of 34 Construction Technical Specifications for the roadway improvements shall be prepared using the City’s format and the provided boilerplate materials. Each item of work shall include a method of measurement and payment. Quantity calculation and construction cost estimates in Microsoft Excel format with a contingency directed by the City shall be prepared. Consultant shall conduct an internal QA/QC review of the project deliverables prior to submittal. (Cost Estimate) Quantity calculation updates and construction cost estimates in Microsoft Excel format with a contingency directed by the City shall be prepared. (Extra Work for previously approved Amendment No. 5) A. Pavement Reconstruction: The original PS&E Scope and Fee were prepared based on the approved GAD’s. The GAD’s shows grind and AC overlay of Ramon Road from the east side of the Crossley Road intersection to the west end of the bridge, and from the east end of the bridge to the east side of the Landau Boulevard intersection. 65% Plans were prepared with pavement grind and overlay in these segments. The top of curb profile was designed based on an extension of the existing cross fall measured from the sawcut line. The Traffic Control concept was established based on sequentially moving traffic onto the existing roadway while the new pavement is constructed. Based on various team discussions in PDT meetings and per the City’s concurrence, it was determined that completely removing and reconstructing the existing pavement in the described Ramon Road segments is more cost-effective than grind and overlay. The work involved to incorporate the modifications to the plans consists of the following: Revise street improvement plans from the east side of the Crossley / Ramon intersection at approximate Station 23+16 to the west end of the bridge at approximate Station 34+84, and from the east end of the bridge at approximate Station 46+56 to the east side of Landau / Ramon intersection at approximate Station 49+78 to indicate pavement reconstruction. Develop a centerline profile on Ramon Road from the east end of the bridge to the east side of Landau Boulevard. There should be a consistent cross fall between the centerline finished surface and the lip of the gutter. Reassess the 65% design top of curb profiles to make sure the cross falls and sections are within basic design tolerances; Prepare 20-foot Intersection grid grade details for the Ramon Road and Landau Boulevard intersection. Intersection grid grades are common details required on pavement reconstruction projects in major intersections. Intersection grid grades will be placed on a new detail sheet. Revise traffic control plans to accommodate the pavement removal and replacement. Limits of construction phasing need to be reestablished to include all sections of the roadway within the reconstruction limits. Additional stages or phases will be required to cover all sections of the roadway and the Landau Boulevard intersection. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 19 of 34 B. Retaining Wall Profile: The retaining wall on the north side of Ramon Road west of the bridge spans from approximate Station 31+25 to 34+30. The 30% Complete GAD’s identified the wall as a Masonry Retaining wall per SPPWC Standard 618- 3. Task 3.1 65% Complete Roadway Plans states “Retaining wall layouts, top of wall, bottom of footing, and finished surface elevations are shown on the Street improvement sheet plan view.” During the development of the 65% Plans it was determined that the wall needed a barrier and the wall type was modified to a Caltrans standard reinforced concrete Type 1 retaining wall. The wall profile shall be provided in the 95% complete submittal that consists of the top of wall, finished ground at back of sidewalk, existing grade over the footing, and the top of footing that shows the elevation steps. C. CV-Link / CCWWBP Coordination and Plan Modifications: The Cathedral City Whitewater Bike Path (CCWWBP) is an early segment of the CV-Link stretching from Vista Chino to Ramon Road along the west levee of the Whitewater River. It is adjacent to the Ramon Road widening project. Consultant shall perform the following extra work: Coordinates with CVAG and CCWWBP Consultant ALTA: Coordination with project team, CVAG and CVAG’s consultant ALTA regarding design elements on the bridge barrier, decorative concrete walks, driveway location and driveway aesthetic treatments. Task items include review of ALTA’s concepts, project communication, and modification of Street Improvement Plans, Bridge Plans, Bridge Lighting Plans, and Landscape Plans. Provides CV-Link Trail construction directly below the Bridge: a. Bridge Hydraulics and Scour Study Consultant shall update the CVWD and RCFCD approved bridge hydraulics study based on the proposed CV-Link Trail traversing through the bridge. The stream and bridge cross sections of the current HEC-RAS model shall be revised to reflect the proposed bike path. The results will be reviewed and evaluated if the bike path will adversely impact the current and agency- approved water surface elevations, flow velocities, and scour values. Deliverables: Supplemental Hydraulics Memorandum b. Channel Improvements Plans Consultant shall update the channel improvements plans within the bridge limits to reflect the proposed CV-Link Trail. The cross section of the proposed CV-Link Trail will be added. Horizontal and vertical location of the CV-Link on the channel floor will be provided by CVAG. Deliverables: Updated Channel Improvements Plans Provides aesthetic barrier design to accommodate the proposed CV-Link Trail. Reviews proposed CV-Link design and coordinate with Ramon Road Bridge walkway design and approved aesthetics and present findings to the design team and the City. Revises design details in coordination of CV-Link aesthetics for bridge, barriers, railing, decorative paving, and landscaping. Information related to the design details will be provided including size, layout, design intent, color, texture, treatment of material and preliminary costs. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 20 of 34 (Extra work for Amendment No. 9) Engineering Survey of Sewer Extension on Crossley Road: Consultant shall perform engineering survey to determine the feasibility of extending the sewer line to serve the Villa Bakery. Deliverables: 95% Street Improvement Plans, Drainage Plans, Channel Improvement Plans, Landscaping Plans, Traffic Control plans, Signing and Striping Plans, Traffic Signal Modification Plans, Bridge Lighting Plans, 95% Complete Specifications, Sewer Line Extension Exhibit, and Updated Construction Cost Estimate. Structure PS&E Task 3.10 65% Unchecked Structure Plans (Original Contract Scope) Engineering conclusions for the preferred alternative identified in the final bridge type selection report shall be carried into the final design phase. The final bridge design shall be based on Caltrans-amended AASHTO LRFD Bridge Design Specifications, various Caltrans Bridge Design and Detail Manuals, and the Seismic Design Criteria (SDC). The structure plans shall include a plexiglass soundwall around the outdoor sitting patio area associated with the Villa Bakery Mexican Food Restaurant located at the northwest corner of the intersection of Ramon Road and Crossley Road for sound mitigation. (Extra Work for previously approved Amendment No. 4) The Consultant shall review contractor’s submittals and conduct field inspection for the emergency repair work at the bridge expansion joints at three piers. With City Project Manager’s prior approval, the Consultant shall direct the contractor to correct deficient work. The Consultant shall prepare a final inspection report documenting inspection logs and the recommendation for denial or acceptance of the repair work. Deliverables: 65% unchecked structure plans Task 3.11 Bridge Design Independent Check (Original Contract Scope) The 65% unchecked bridge plans shall be independently checked by a separate licensed bridge engineer, who has not been involved in the design of the project. A separate set of design check calculations including quantity calculations shall be prepared in accordance with Caltrans bridge design practice. The checker shall review the plans for completeness, consistency, correctness of references. The bridge designer shall revise the design and plans to mitigate checker’s review comments. The checker shall perform back check to concur that the comments have been adequately addressed. All comments and responses shall be documented in the project files. Deliverables: independent check review comments and check calculations, comment and response matrix Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 21 of 34 Task 3.12 95% Structure PS&E (Original Contract Scope) Response to all agencies’ review comments for the 65% submittal shall be prepared and included in this submittal. Consultant shall use Microsoft Word to prepare and edit Caltrans 2010 Standard Special Provisions (SSP) for structural work at 95% PS&E. Consultant shall prepare a list of Caltrans standard structure pay items for bridge construction. Design quantity calculations shall be performed using standard Caltrans and City forms and marginal cost estimate summary sheets. Item unit prices shall be adjusted using Contract Cost Data Book published by Caltrans. The structure plans and quantities shall be updated per checker’s comments. Deliverables: 95% bridge plans, specifications and cost estimate Task 3.13 Final 100% Design PS&E and Contract Bid Documents (Original Contract Scope) Consultant shall incorporate Cities’ review comments on 95% Roadway and Structure PS&E, and compile and submit final bridge, channel and roadway PS&E packages per City’s requirements. It is expected that the plans shall be prepared in AutoCAD 2010 or higher format and in PDF. The final plans are to be plotted on “Arch D” size Mylar. Specification documents, including technical specifications, shall be provided on compact disc in Microsoft Word format with all hidden text shown as well as in PDF. The Engineer’s estimate shall be provided in Microsoft Excel format as well as in PDF. Consultant shall prepare encroachment permit applications for submittal to Riverside County Flood Control and Water Conservation District (RCFC&WCD) and Coachella Valley Water District (CVWD). The permit application documents shall be prepared per RCFC&WCD and CVWD’s submittal requirements. The permit filing fees will be paid by the City. The Final PS&E shall include organized Resident Engineer (RE) Pending Files which contain construction related documents and information through the various project development phases for structure, channel and roadway work. The RE Pending Files shall include bridge 4-scale deck grade plots, as-built plans, geotechnical reports, and special instructions for the field Resident Engineer, Structure Representatives and City Inspectors. (Extra Work for previously approved Amendment No. 5) At this time, the latest editions of both Caltrans and Greenbook Standard specifications are dated 2015. It is anticipated that prior to bid, Caltrans and APWA will issue an updated version of standard specifications. Budget is provided to update the specifications to comply with updated standards prior to the project going out to bid. Deliverables: final contract bid documents, encroachment permit applications and RE Pending Files (Extra Work for previously approved Amendment No. 6) Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 22 of 34 A. Add a new retaining wall east of Whitewater River on the north side of Ramon Road west of Landau Boulevard: As directed by the City of Cathedral City and per the request of the Cimarron Cove Homeowners’ Association (HOA), the embankment slope as shown in the 95% Complete Plans on the north side of Ramon Road west of Landau Boulevard is to be modified to provide a minimum of five feet of horizontal clearance from the property line of Assessor Parcel Number (APN) 677-420-040, belonging to the Cimarron Cove HOA. The design change is to eliminate a temporary construction easement and encroachment into the private property. The modification of the toe of the embankment slope involves providing a retaining wall at the back of the sidewalk along Ramon Road. The following sub tasks are added: Consultant shall coordinate with City of Cathedral City to develop a retaining wall and fill slope concept for the City of Cathedral City following the HOA Community Meeting in July 2017. Consultant shall develop a concept that shows the location of the Midwest Guardrail System and required hand or safety railing on the top of the retaining wall, and a landscaping concept of the remaining embankment slope. Consultant shall provide retaining wall design in the 100% Complete PS&E. The wall plan(s) shall consist of one sheet showing plan and profile, and a typical section. Construction plans, cross sections, quantities, and specifications shall be modified to reflect the revised toe of the slope, the retaining wall, and the landscape treatment. Deliverables: Retaining Wall Plans included in the 100% PS&E B. CVWD’s Revision of Channel Design Criteria: On September 12, 2017, Coachella Valley Water District (CVWD) adopted a new Ordinance No. 1234.2, an Ordinance of the Coachella Valley Water District Establishing Regional Stormwater Facility Design Standards and Development Requirements. The Ordinance updated the design standard by replacing the Standard Project Storm/Standard Project Flood (SPS/SPF) with 100-Year Plus Storm/Flood. On February 1st, 2018, CVWD further issued a draft Guideline K-3, a Scour Calculation Guidance. The new CVWD Design Ordinance and Scour Guidance affect the design of the depth of the cut-off walls for the channel concrete lining protecting the pier footings and the extension of the abutment slope protection of the Ramon Road Bridge. The following sub tasks are added: Update the CVWD approved Bridge Hydraulics Study since the approved bridge scour analysis in 2015 was performed using the replaced SPS/SPF standard. Re- evaluate the scour depths associated with the new 100-year Plus design criteria, which could result in reduced scour depths and the construction cost; and Update the channel improvement plans to reflect the reduced transverse and longitudinal cut-off walls and update the quantity estimates accordingly. Deliverables: Updated Channel Improvement Plans in the 100% PS&E C. Dry Well Siphon Underdrain Across Ramon Road: As directed by the City of Cathedral City, the 95% design PS&E shall be revised to include a siphon underdrain in the form of an 18” conduit from the proposed Dry Well on the north side of Ramon Road east of Landau Blvd. near the entrance driveway of the Ramon Plaza to a grated outlet near the Southwest curb return of Candlewood Avenue. Sub tasks include the following: Provide utility potholing and coordination with pothole subcontractor for four utilities in the path of the proposed siphon underdrain; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 23 of 34 Survey the pothole sites to obtain precise locations of the utilities; and Design the siphon underdrain for the 100% Plans, provide a Drainage Addendum Report, and update the specifications and construction cost estimate. Deliverables: Pothole Report, Dry Well Siphon Underdrain in the 100% PS&E and a Drainage Addendum Report D. Develop an Inventory of Private Property Landscape and Irrigation Conditions: The task consists of inspecting twelve individual sites to take an inventory of the existing parkway irrigation conditions of the sites that are getting new landscape due to street widening and providing an inventory of material that the Contractor will need to include in his bid. Existing irrigation systems are on private properties. The inventory information shall be included in the project specifications. Deliverables: Inventory information for each landscape site provided in the appendix of the 100% Specs. E. Update Bridge Hydraulics and Scour Study to Include Golf Course Modification and CV-Link Trail: Consultant shall update the CVWD and RCFC&WCD approved bridge hydraulics study based on the future CV-Link ramp and the relocated Golf Course Tee Box and Green for Hole No. 5 on the north side of the bridge. The channel and bridge cross sections of the current HEC-RAS model shall be revised to reflect the proposed ramp and relocated tee box and green. The results will be reviewed and evaluated if the future CV-Link bike path will adversely impact the current and agency approved water surface elevations, flow velocities, and scour values. Deliverables: Supplemental Hydraulics Study Memorandum The project street improvements impact Villa Bakery (Parcel APN 677-444-013) at the northwest corner of the Ramon Road and Crossley Road intersection. As part of the right of way acquisition and compensation offering process, the property owner has expressed their interest of extending the existing sewer line on Crossley, which (Extra Work for previously approved Amendment No. 7) Consultant shall redesign the north side of Ramon Road east of Landau Boulevard to a higher grade to achieve positive curb drainage and eliminate the dry well and siphon. Revising the 95% complete plans to achieve positive drainage shall consist of reconstructing the north side of Ramon Road from Landau Boulevard to approximately 500 feet east. Work consists of a redesign of the top of curb profile, possible adjustments to the median curb profiles, revisions to the plan view to include pavement reconstruction, revisions to the Chevron driveway reconstruction detail, updates to the Typical Section, and revisions to the Cross Sections drawings and to the quantities. (Extra work for Amendment No. 9) F1. Update Channel Survey – Set targets and tie-in control for updated aerial photogrammetrics of the Whitewater River from bank to bank approximately 1400 feet upstream from the Ramon Road Bridge to approximately 300 feet downstream of the bridge. Fly, photograph and map the site for production of topographic mapping at 1”=40’ scale and produce a map with one-foot contour intervals in digital format. Perform supplemental field topo of all tie-in points and any obstructed hardscape within the project Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 24 of 34 limits; include tree locations and under the bridge. Prepare and deliver Record Boundary and updated Topographic Exhibit in both AutoCAD and PDF formats. Deliverables: updated Topographic Exhibit in CAD and PDF F2. Revise Floodplain and Bridge Hydraulics and Scour Study Report – Consultant shall revise the HEC-RAS model based upon the new aerial topographic map. The revised model will extend approximately 1,000 feet downstream up to approximately 3,000 feet upstream of the bridge. The model will reflect the new stream cross sections and profile grade of the current Whitewater River. This scope includes recalculating the scour depths using the updated hydraulic information. This scope also includes revising the floodplain and bridge hydraulics and scour study report for submittal to the City and CVWD. Deliverables: Updated HEC-RAS model, scour calculations and study report F3. Revise Channel Improvements Plans, Specifications, and Quantities/Cost Estimates Consultant shall revise the channel improvements plans and bridge foundation plans based on the updated scour depths and topo. This scope will include revision of the technical specifications, quantities, and cost estimates in support of the revised channel design. Deliverables: Updated Channel Improvements Plans, Bridge Plans, Technical Specifications, and Quantities/Cost Estimates F4. Report, Plans, Specifications Processing for Review and Approval – ACI will revise and process the revised floodplain and bridge hydraulics/scour study report, channel improvements plans, technical specifications, and quantity/cost estimates through the City of Palm Springs and CVWD. Deliverables: Revised and approved floodplain and bridge hydraulics/scour study report, channel improvements plans, technical specifications, and quantity/cost estimates (Extra Work for previously approved Amendment No. 10) G1. Implementation of the 2023 Caltrans Construction Contract Standards Consultant shall update the project plans, technical special specifications, pay quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards that were published on July 24, 2023. The design modification shall involve project elements that reference the Caltrans standards, which include the bridge, retaining walls, and traffic signals. The geotechnical foundation report shall be updated per Caltrans Seismic Design Criteria (SDC) Version 2.0. Deliverables: Updated PS&E and Bid Documents (Roadway Design Modifications) G2. Candlewood Drive Pedestrian Crossing Consultant shall modify the roadway design to accommodate a new signalized pedestrian Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 25 of 34 crossing across Ramon Road at the southerly corner of Candlewood Drive T-intersection, which is being constructed by the Cathedral City. Make changes to the current design of the median to reflect the new pedestrian crossing improvements. The design changes shall include the demolition plan, street plans, striping plans, landscaping and irrigation plans (by TKD), and update of cost estimate and specifications. Deliverables: Updated PS&E and Bid Documents G3. Order of Work of Traffic Controls Order of Work Enhancements: The order of work for traffic control during construction shall be enhanced to further minimize impacts to the businesses as follows: a. To restrict the amount of driveway access within the project area that can be closed at one time, Consultant shall add Order of Work description and diagram to the Traffic Control Plans that provide limits to the length and time and access to driveways along small segments of each phase can be performed. Traffic Control plans cross-reference the limits of construction. b. The order of work description in the specifications shall be modified. Westbound Left-Turns into the Ramon Tower Lot with Bowling Lanes a. To keep access to the businesses on the south side of Ramon Road immediately east of Landau Blvd open as much as possible before the construction of the south leg extension of Landau Blvd, Consultant shall modify the traffic control plans TC- 5, TC-8, and TC-11 to allow westbound left turns into the easterly driveway of the Ramon Tower Lot. Deliverables: Updated PS&E and Bid Documents G4. Update of the Roadway 100% PS&E The current roadway design shall be updated based on the existing conditions. Conduct a job walk to review the existing conditions and reflect the conditions and changes on the design plans. Deliverables: Updated PS&E and Bid Documents G5. Update Whitewater River Channel Topographic Surveys (Field Work and Digital Mapping Preparation) This amendment catches the missing cost for the engineering field work of setting ground targets and tie-in control, and the office engineering effort of preparing a digital topographic mapping in CAD. The detailed scope is described in subtask F1 in Amendment No. 9. Deliverables: Updated Topo Surveys in ACAD Task 4: Environmental Permitting Task 4.1 Habitat Mitigation and Monitoring Plan Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 26 of 34 (Original Contract Scope) Consultant shall prepare a Habitat Mitigation and Monitoring Plan (HMMP) for submittal to and approval by the CDFW. In conformance with this HMMP, Consultant shall provide services that ensure that mitigation measures to protect habitat and/or sensitive species are carried out and that these activities as sufficiently monitored and reported upon. These activities are associated with the requirements of the CDFW 1602 Streambed Alteration Agreement and associated HMMP, including annual reports (for a period of five years) and following project completion. Consultant shall coordinate with AMEC Earth and Infrastructure on the performance of required pre-construction surveys. Deliverables: Draft & Final Habitat Mitigation and Monitoring Plan, and Annual HMMP reporting to the CDFW for a period of Five-Year (Extra Work for previously approved Amendment No. 10) Consultant shall prepare one additional annual report in February 2025 per the requirements of the CDFW 1602 Streambed Alteration Agreement and the previously approved HMMP. Deliverables: One Annual HMMP reporting to the CDFW Task 4.2 CEQA Exemption & Revalidation of NEPA Document (Original Contract Scope) (Geotechnical CEQA Clearance) Consultant shall prepare, process through the City and file a CEQA Exemption, to the extent practicable and necessary, in support of geotechnical boring in the channel of the Whitewater River in proximity to the subject bridge widening. Deliverables: Draft CEQA Categorical Exemption Form Provide revalidation of NEPA document to support request for authorization for right-of- way acquisition and construction. It is assumed that one separate validation report will be required for each request for authorization. Validation shall be prepared in conformance with Exhibit 6-G of the Caltrans Local Assistance Procedures Manual. Deliverables: LAPM Exhibit 6-G NEPA/CEQA Validation Form Phase 3 – Right-of-Way Task 1: Right-of-Way Services Task 1.1 Legal Descriptions and Plats (Extra Work for previously approved Amendment No. 4) Consultant shall provide Legal Descriptions and Plats consisting of the following: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 27 of 34 a. Using updated prelim reports and easement documents provided by right-of-way consultant, Consultant’s surveyor shall review and verify parcel and right-of-way data for the affected parcels. b. Prepare dimensioned exhibits of the proposed right-of-way takes, temporary construction easements, and slope easements. Provide to right-of-way consultant for their right-of-way negotiations. c. Edit parcel configurations as needed until agreement is reached with parcel owners. d. Prepare legal descriptions for each proposed right-of-way and easement. e. Submit updated set of legal descriptions and exhibits to right-of-way consultant for review and comments. f. Once negotiations are finalized, produce signed and stamped originals for right-of- way consultant to attach to the executed right-of-way and easement documents. Deliverables: Updated R/W Constraints map and legal descriptions with exhibits for up to 48 total right-of-way or easements. (Extra Work for previously approved Amendment No. 7) The proposed Project impacts three parcels (APNs 680-170-051, 680-170-014, and 680- 170-053) south of Ramon Road between Crossley Road and Landau Blvd. in City of Palm Springs. Allottee 98C covers portion of APN 680-170-051 and the entire APN 680-170- 014. Allottee 104C covers portion of APN 680-170-051 and portion of APN 680-170-053. Allottee 65E covers the majority of APN 680-170-053. Consultant shall modify the 11 legal descriptions and plats for street and channel easement that were prepared by APN, and split them by allottee per BIA’s new standard as follows: (Allottee 98C) Right of Way – Extend the take to cover all of 98C by adding the portion in APN 680-170-014. Slope Easement – Extend the slope to cover all of 98C by adding the portion in APN 680-170-014. TCE – Add the portion shown in APN 680-170-014 to cover all of 98C. (Allottee 104C) Right of Way – Remove the portion that falls on 65E. Channel Structure Easement – Remove the portion that falls on 65E. TCE - Remove portion that falls on 65E. Slope Easement – Create a new legal and exhibit for Allottee 104C by taking a portion from APN 680-170-053. (Allottee 65E) Right of Way – Remove the portion that falls on 104C. Slope Easement – Remove the portion that falls on 104C. Channel Structure Easement - Remove the portion that falls on 104C. TCE - Remove the portion that falls on 104C. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 28 of 34 (Extra Work for Amendment No. 11) The consultant should update the legal descriptions and exhibits and engineering design plans with minimal effort as necessary to support the right of way TCE extension. Deliverables: Legal descriptions with exhibits for Allottees 104C, 65E, and 98C Task 1.2 Right-of-Way Appraisals, Negotiation and Acquisition (Extra Work for previously approved Amendment No. 4) It is right-of-way consultant’s privileged responsibility to represent the City in the most professional and respectful manner. Right-of-way consultant’s project manager shall work closely with the design team and the City to review project assignments and establish lines of communication, procedures and protocols and shall work to keep the team on track to reach goals. To track and manage on-going right-of-way project tasks and budget, the right-of-way project manager will: Oversee all activities performed under the right-of-way contract. Coordinate with any federal and state oversight agencies as directed by the City. Ensure that all consultants have appropriate licenses for the scope of work. Coordinate team, sub-consultant and city meetings. Prepare and maintain a detailed project schedule and provide progress reports. Coordinate with all stakeholders. Maintain project files. Develop and maintain a quality assurance/quality control plan. Acquire Right of Entry Letters for geotech vehicles to access the channel in order perform the boring work. (Appraisals) Appraisal services to be provided include: Oversight of the appraisal process. Appraisals for each proposed property acquisition are required as an element for the determination of Just Compensation. Appraisals for the estimates of value for proposed property acquisitions must meet the current Uniform Standards of Professional Appraisal Practice (USPAP) requirements. Submit a “Notice of Intent to Appraise" to all property owners expected to have their properties partially acquired. Appraisers will send introductory letters indicating when the appraiser expects to contact the owner for an appointment to perform the appraisal. When summary appraisal reports are completed and before they are accepted, they are reviewed for accuracy, and regulatory compliance. Right-of-way consultant shall coordinate approval of the Just Compensation prior to preparing the offer packages. Appraisal Review services to be provided include: Before acceptance and approval of the property appraisals, an independent appraisal review is made. The review includes inspecting sales to determine comparability, reviewing appraisal for conformance to Uniform Standards of Professional Appraisal Practice, reviewing “highest and best use” conclusions, Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 29 of 34 examining valuation methods, analyzing exhibits, checking mathematical calculations, and preparing a narrative report that describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers’ conclusions and complies with regulatory codes. A recommendation of Just Compensation is then made based on the reviewed, collected, assembled, correlated and analyzed data. Deliverables: Appraisals Reports for proposed properties, Review Appraisals Reports for proposed properties Task Assumptions: Assumes no more than 26 appraisals and 26 appraisal reviews will be provided. (Right-of-Way Negotiation and Acquisition) Title Services to be provided include: Obtaining and reviewing title reports to verify ownership and identify any easements or encumbrances. One report will be obtained for contiguous parcels with the same owner when possible. Updated preliminary title reports will be obtained as needed. Right-of-way consultant shall perform title clearance by resolving problems relating to unusual circumstances with regards to title or ownership, addressing exceptions pertaining to property such as mortgage liens, restrictions, easements and rights- of-way. Right-of-way consultant shall work with the title company to obtain lender subordination when needed and shall obtain a final title policy at the close of escrow. Acquisition services to be provided include: Villa Bakery is a candidate for a Plexiglas soundwall along their patio as called out in the project’s environmental noise report. This proposal includes coordinating with Villa Bakery for the soundwall. Prepare Offer Packages and deliver to owners. Negotiate with the property owners (or their appointed representatives) for the purchase of the required property rights. Right-of-way consultant shall present First Written Offers to each owner. All First Written Offers will include Appraisal Summary Statements. Three impacted parcels show US 680/BIA as the owner. This proposal includes acquisition services for one (1) Indian allottee for each of the three BIA parcels. Present property owners with material relevant to value determination. Property owners will be given reasonable time to consider an offer within the confines of the project schedule. Right-of-way consultant shall continue negotiations with the property owners until every effort has been expended and it appears that the only remaining method of acquisition is through legal proceedings. Prepare all acquisition agreements and other documents necessary to complete the acquisition in a form provided by the City. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 30 of 34 Provide needed information to City staff for preparation of agenda items and public hearing notices, as necessary for approval of acquisition terms. Maintain a diary of all pertinent information and contacts concerning the project parcels. Provide a written summary of the status of the acquisition of each parcel on a monthly basis and/or upon request of City staff. Once an agreement has been reached, obtain the owner’s signature, notarized when necessary, and confirmation of owner’s capacity to sign the agreements. Promptly transmit all executed documents on successfully negotiated parcels to City for acceptance. Escrow/Closing services to be provided include: During the escrow period, right-of-way consultant shall work to ensure that the property can be conveyed to the City without any unacceptable liens or encumbrances. Obtain property owner signature on agreement(s) and other necessary documents. Obtain City’s signature on Certificates of Acceptance. Open escrow and coordinate escrow requirements with property owner. Provide draft escrow instructions for City approval. Coordinate payment between the Grantor, City and the Escrow Company. Review Title Reports for liens, CCR's and other encumbrances. Obtain all necessary documentation to convey title. Review closing statements and submit to City for approval; close escrow. Relocation Assistance: Apart from the people affected by relocation activities, appropriate notices are one of the most important parts of a relocation program. Providing notices to affected party(s) in a timely manner can save the agency money and protect the affected party(s) from unnecessary hardships. Right-of-way consultant’s relocation agent will make contact with the displaced person or business as soon as possible, thereby establishing a clear line of communication conducive for seamless relocations. Right-of-way consultant shall create a Relocation Plan if needed, present possession notices and relocation benefits to tenants and owners, order and review FF&E appraisals, assist displacees in their relocation and process relocation forms and deliver to the City for payment. Right-of-way consultant shall arrange for non-English-speaking persons affected by the project to have assistance in understanding the project. For this project relocation of signage for three businesses is anticipated for a gas station, storage facility and bowling alley. Also relocation services for one billboard on the north side of Ramon Road east of Whitewater River are included in this proposal. (Caltrans Right-of-Way Certification) Right-of-way consultant shall obtain right-of-way certification which documents that real property interests have been secured and that all right-of-way activities were conducted in accordance with the applicable Caltrans policies and procedures. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 31 of 34 During this process, right-of-way consultant shall assist in the preparation of the submittal package that will include the certification form and compilation of the necessary backup documents. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, utility relocation plan documentation and permits among other documents. (Eminent Domain Support) While it is right-of-way consultant’s ultimate goal to negotiate a fair settlement between the City and the property owner, sometimes it is necessary to resolve valuation or design differences in court. If negotiations are unsuccessful, agents will prepare summary memos outlining efforts made and the reason(s) for impasse. Right-of-way consultant can send an impasse letter to the property owner(s) and begin eminent domain support tasks, working with the City’s attorney and the City. Each contact would be documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. This proposal assumes four acquisitions will require eminent domain support and litigation guarantees. (Extra Work for previously approved Amendment No. 6) Right of Way Project Support: The following tasks are additional work necessary to assist in completing the right-of-way compensation offer packages. Villa Bakery Noise Barrier: Present project renderings of the proposed noise barrier improvements along with research and design recommendations of construction details. Landscape Exhibits for Offer Agreements: Provide twelve landscape exhibits related to the owners of various properties that will receive significant landscape modification to their properties for Offer Agreement Negotiations. Cimarron Golf Course Hole #5 Safety Zone Exhibit: Provide Tee and Green Plans and Layout Details for the revision to Cimarron Golf Course Hole #5 Routing. The extra effort includes accommodating CVAG’s request for CV Link, preparing hole reconstruction layout including coordination with Earth Sculptures and CVAG, and conducting site visits. Billboard Relocation Field Survey: Provide staking and office survey services for the new right-of-way, edge of sign, and pole to ensure proper relocation of the Lamar billboard near the intersection of Ramon Road and Landau Boulevard. Right of Way Appraisal Services: The following tasks are additional work required to complete the right of way services. Refinements During Appraisal Periods: Provide right of way services associated with appraisal coordination and management due to modifications made in the proposed temporary construction easement (TCE) boundaries of several parcels required as a result of design refinements occurring after the initial ‘Notice to Appraise’ letters have sent out. Such design modifications consisted of adjustments to tops and toes of slope of several parcels and modifications to the TCE along the Cimarron Golf Course to minimize disruption to adjacent greens. The adjustments in TCE and slope easement limits result in overall reduction in right of way costs. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 32 of 34 Golf Course / Billboard Coordination: Provide right of way services specifically associated with appraisal coordination and management due to the reconfiguration of Cimarron Golf Course Hole #5 and the services regarding confirming ownership of the property containing the billboard. Extra work includes appraising the value of golf course closure during reconstruction activities requires obtaining specific financial documentation from the owner; attending necessary meetings with Golf Course staff to complete the appraisal; regarding the billboard, conducting necessary coordination between Lamar and property owner to resolve ambiguities pertaining to the ownership of the land including performing additional communication, meetings, and research. Transfer Deeds from Palm Springs to Cathedral City: Palm Springs, as the lead agency, will be the grantee for all property acquisitions. After the project is complete, Palm Springs will deed the rights to Cathedral City. Consultant shall prepare the deeds and coordinate with Palm Springs to obtain signatures and coordinate with Cathedral City to obtain certificates of acceptance and record the deeds. This will impact 19 parcels. Deliverables: Title Reports, Litigation Guarantees, Offer Packets, Escrow documents for voluntary acquisitions, Right-of-Way Certification approval Task Assumptions: Assumes 26 properties will be acquired. Assumes 26 preliminary title reports will be obtained. Assumes 4 litigation guarantees will be obtained. Assumes no more than one (1) Indian allottee per BIA parcel. Plat maps and legal descriptions will be provided in Task 1.1. No Phase II Site Assessments are required. Assumes acquisition services to be completed within one year from receipt of the Notice to Proceed. Assumes one (1) right-of-way certification. Relocation assumes three outdoor advertising signs and one billboard. Assumes four owners will require Eminent Domain support. Deposition, court testimony, expert witness and fees for valuation appraisals are additional, to be compensated on a time and materials basis. (Extra Work for previously approved Amendment No. 7) Right-of-way consultant shall prepare goodwill appraisals to evaluate the potential loss of business during the construction as directed by the City for the following properties: Chevron Warrier Golf Course Villa Bakery U-Hall Moving and Self Storage Palm Springs Lanes and Smoke Shop Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 33 of 34 The goodwill appraisal shall be used to support the right-of-way acquisition offer and negotiation with the property owners. Deliverables: Five Goodwill Appraisals The right-of-way consultant shall provide additional negotiation effort for the seven private property owners, one DWA parcel and three BIA parcels that have no singed agreements as of 10/25/2018. The right-of-way consultant shall prepare documentation for the City to proceed with filing the Resolution of Necessity to protect the project’s schedule, and shall provide the impasse letter for the parcels where eminent domain is needed and provide case files to the City for court procedures. Deliverables: Right-of-way documents to support filing Resolution of Necessity and Eminent Domain The right-of-way consultant shall order Litigation Guarantees to support the condemnation process for the seven private properties listed below that have not reached an acquisition agreement with the City as of 10/25/2018. Luis A. Avila Paz & Maria Avila Luis A. Avila & Rosario Avila (Villa Bakery) 7-Eleven Development Company, LLC. Eighteen Sac Selg Storage Corp (U-Hall) Warrier Golf Course Marwan Jizrawi (Chevron) Ramon Tower Business Park Inc. (Bowling Alley) Deliverables: Seven Litigation Guarantees (Extra Work for previously approved Amendment No. 10) The proposed project requires a temporary construction easement (TCE’s) at several private properties listed in the following table: # Parcel No. Owner TCE Expiration Date 1 677-420-015 & 677-420-012 WCP DSSH Holdings 3 February 27, 2024 2 677-430-040 Saul H. and Florence Greene March 28, 2024 3 377-444-011 Joseph Michael Dirnberger and Victoria M. Peterson April 5, 2024 4 677-431-046 Ramon Road Investors June 13, 2024 5 677-444-009 Jerry H. Dirnberger; The Jerry H. Dirnberger Living Trust June 21, 2024 6 677-444-014 Jerry H. Dirnberger; The Jerry H. Dirnberger Living Trust June 21, 2024 7 677-447-011 & 677-447-011 Henry L. and Gloria Arroyo June 30, 2024 8 678-210-038 Cathedral Plaza JLO June 30, 2024 Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “A” Page 34 of 34 9 680-190-031 Eighteen Sac Self Storage Corp June 30, 2024 10 677-420-024 Desert Water Agency June 30, 2024 11 680-190-036 Ramon Tower Business Park Inc. June 30, 2024 12 678-210-012 Marwan Jizrawi June 30, 2024 13 677-420-022 7-11 Development Company LLC May 8, 2025 The thirteen TCEs were negotiated for a period of four (4) years from sometime in June 2020 and will expire in July 2024 except one property. Consultant shall coordinate to extend the TCEs for an additional four (4) years until June 2028. The proposed extra work involves professional right of way supporting services of waiver valuation, acquisition, and escrow overnight by the design team’s subconsultant – Epic Lan Solutions, Inc. (a division of CLS Company). (Extra Work for Amendment No. 11) The consultant shall extend the professional right of way support services by exercising the city’s good faith efforts to try and negotiate with the property owners who have not signed the agreements or made counter offers for the TCE extension described in Amendment No. 10. The expected remaining right of way tasks are listed below: 1. Continue to negotiate in good faith with the property owners. 2. Review and evaluate grantor’s Loss of Business – Goodwill claim. 3. Prepare Administrative Settlement letter(s) when necessary, with a recommendation. 4. Open and close escrow. 5. Prepare and mail Impasse Letters. 6. Prepare and mail Possession and Use Agreements. 7. Assist with preparing the Resolution of Necessity packages. 8. Order Litigation Guarantees. 9. Assist the city and legal team. 10. Serve parties with a possessory interest. 11. Depositions (if necessary). 12. Complete utility Coordination. 13. Prepare and submit Right of Way Certification to Caltrans. 14. Transmit closed acquisitions documents to the city. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “C” Page 1 of 4 EXHIBIT “C” SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor’s statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum Phase 1 – Project Approval and Environmental Document (PA&ED) Task 1 – Project Management Task 1.1, Project Administration and Project Controls $ 114,825.08 Task 1.2, Meetings and Coordination $ 94,801.88 Task 1.3, Quality Assurance and Quality Control $ 34,754.94 Task 1.4, Local Assistance Funding/Programming Supports $ 21,333.20 Task 2 – Preliminary Engineering Task 2.1, Data Collection and Research $ 18,913.72 Task 2.2, Field Review and Site Assessment $ 9,354.20 Task 2.3, Surveying and Aerial Topographic Mapping $ 34,617.46 Task 2.4, Right of Way Research and Base Mapping $ 25,513.06 Task 2.5, Utility Research, Notification and Mapping $ 13,776.37 Task 2.6, Traffic Study $ 44,080.75 Task 2.7, Preliminary Roadway/Bridge Foundation Report $ 29,612.51 Task 2.8, Roadway Alternatives Study and Geometric Approval Drawings $ 88,094.54 Task 2.9, Preliminary Right of Way Study and Cost Estimates $ 30,585.21 Task 2.10, Bridge Aesthetics and Approach Landscape Modification Study $ 50,425.18 Task 2.11, Preliminary Street Lighting Study $ 4,695.82 Task 2.12, Roadway Drainage Study $ 7,548.71 Task 2.13, Floodplain Study, Bridge Hydraulics and Sediment Transport Analyses $ 45,355.12 Task 2.14, Preliminary Channel Improvement Plans $ 10,936.07 Task 2.15, Conditional Letter of Map Revision (CLOMR) $ 10,592.08 Task 2.16, Bridge Type Selection Study $ 88,959.68 Task 2.17, Preliminary Cost Estimates $ 17,279.81 Task 2.18, Project Report (Equivalent) $ 41,191.36 Task 2.19, Value Analysis Study $ 0.00 Exhibit “C” Continues on Next Page Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “C” Page 2 of 4 Task Total Lump Sum Task 3 – Environmental Document (CEQA/NEPA) Task 3.1, Public Scope, Commission & Council Meetings $ 4,639.62 Task 3.2, Preliminary Environmental Study (PES) $ 6,721.70 Task 3.3, Noise Study $ 32,437.36 Task 3.4, Air Quality Study $ 17,121.22 Task 3.5, Phase 1 Initial Site Assessment and ADL Surveys $ 15,129.12 Task 3.6, Water Quality Assessment Report and Preliminary SWPPP $ 18,693.84 Task 3.7, Location Hydraulic Study & Summary Floodplain Encroachment Report $ 8,029.35 Task 3.8, Biological Resources Study (NES and BA) $ 23,377.36 Task 3.9, Wetland and Jurisdictional Delineation and Assessment $ 5,762.43 Task 3.10, Visual Impact Assessment $ 25,772.25 Task 3.11, Community Impact Assessment $ 6,563.22 Task 3.12, Cultural Resources Study (APE/HPSR/ASR) $ 14,262.43 Task 3.13, Draft NEPA Environmental Assessment $ 25,930.48 Task 3.14, Draft CEQA Initial Study/Mitigated Negative Declaration $ 10,191.85 Task 3.15, Bureau of Indian Affairs Consultation & NEPA/Section 106 Clearance $ 4,907.39 Task 3.16 Circulate Draft Environmental Document & Respond Comments $ 2,295.22 Task 3.17Final Environmental Document (MND/FONSI) $ 5,680.14 Task 3.18, File Notice of Determination (CEQA) $ 655.78 Task 3.19, Publish Notice in Federal Register $ 0.00 Task 3.20, USACE Section 404 Permit and NEPA Clearance / USEPA & SWRCB Section 401 Water Quality Certification $ 35,383.19 Task 3.21, CDFG 1602 Streambed Alteration Agreement $ 7,257.25 Reimbursable Expenses $ 26,604.57 Phase I Sub-Total $1,134,662.52 Exhibit “C” Continues on Next Page Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “C” Page 3 of 4 Task Total Lump Sum Phase II – Plans, Specifications and Estimate (PS&E) Phase Task 1 – Project Management Task 1.1, Project Administration and Project Controls $ 141,741.26 Task 1.2, Meetings and Coordination $ 121,174.19 Task 1.3, Quality Assurance and Quality Control $ 37,087.81 Task 1.4, Local Assistance Supports $ 16,149.63 Task 2 – Final Design Reports and Studies Task 2.1, Utility Potholing $ 29,470.26 Task 2.2, Geotechnical Investigations and Design Reports $ 44,897.86 Task 2.3, Update SWPPP $ 8,380.36 Task 2.4, Utility Relocation Coordination $ 92,015.05 $ 101,267.77 Task 2.5, Update Drainage Report $ 6,564.10 Task 2.6, Update Topographic Field Survey $ 66,192.23 Task 2.7, Value Analysis Study $ 77,679.26 Task 3 – Plans, Specifications and Estimate (PS&E) Civil Roadway PS&E Task 3.1, 65% Roadway Plans $ 101,905.67 Task 3.2, 65% Storm Drain Plans and Erosion Control Plans $ 39,475.47 Task 3.3, 65% Channel Improvements Plans $ 30,166.76 Task 3.4, 65% Landscaping Plans $ 21,777.72 Task 3.5, 65% Traffic Control Plans $ 25,388.06 Task 3.6, 65% Signing and Striping Plans $ 17,758.96 Task 3.7, 65% Traffic Signal Improvement Plans $ 16,211.41 Task 3.8, 65% Bridge Mounted Lighting Plans $ 6,583.34 Task 3.9, 95% Civil Roadway PS&E $ 195,364.60 Structure PS&E Task 3.10, 65% Unchecked Structure Plans $ 280,459.64 Task 3.11, Bridge Design Independent Check $ 89,345.23 Task 3.12, 95% Structure PS&E $ 94,295.16 Task 3.13, Final 100% Design PS&E & Contract Bid Documents $ 383,290.37 Task 4 - Environmental Permitting Task 4.1, Habitat Mitigation and Monitoring Plan $ 14,962.75 Task 4.2, CEQA Exemption & NEPA Caltrans Revalidation $ 9,679.80 Reimbursable Expenses $ 151,138.50 $ 157,688.50 Phase II Sub-Total $2,119,155.46 $2,134,958.18 Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Exhibit “C” Page 4 of 4 Phase III – Right of Way Phase Task 1 Right of Way Services Task 1.1, Legal Descriptions and Plats $ 93,409.55 Task 1.2, Right-of-Way Appraisals, Acquisition and Certification $ 420,205.60 $ 464,103.55 Phase III Sub-Total $ 513,615.15 $ 557,513.10 Grand Total $3,767,433.13 $3,827,133.80 END OF EXHIBIT “C” Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D EXHIBIT “D” SCHEDULE OF PERFORMANCE City and Consultant hereby mutually agree that the nature of the scope of services associated with this Contract, and the requirement to coordinate and obtain approvals by other agencies, including but not limited to, Caltrans and FHWA, may cause the term of this contract to exceed initial project schedule estimates. The term of this contract shall automatically extend until such time as required approvals are obtained and all services identified in Exhibit “A” are completed. The schedule shall be adjusted accordingly to revise the project notice to proceed (NTP) date of October 3, 2011, as indicated in the originally submitted proposal, to the actual NTP date indicated in the City’s letter to Consultant following approval of this agreement by the City Council. For Phase II (PS&E) Services, the Consultant’s schedule of performance shall comply with the schedule shown on the following pages. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D 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 11/20/2024 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Sandy Peters 626-696-1901 CertsDesignPro@AssuredPartners.com License#:6003745 Travelers Casualty and Surety Co of America 31194 CNSENGI-01 Hartford Casualty Insurance Company 29424CNSEngineers,Inc. 949-588-6191 1 Orchard Rd,#225 Lake Forest CA 92630 Hartford Underwriters Insurance Company 30104 204623535 C X 2,000,000 X 1,000,000 X Contractual Liab 10,000 Included 2,000,000 4,000,000 X Y Y 57SBABG5ZPP 12/11/2024 12/11/2025 4,000,000 C 2,000,000 X X X NoOwned Auto Y Y 57SBABG5ZPP 12/11/2024 12/11/2025 C X X 5,000,000Y57SBABG5ZPP12/11/2024Y 12/11/2025 5,000,000 X 10,000 B XY57WECAE4RW112/11/2024 12/11/2025 1,000,000 1,000,000 1,000,000 A Professional Liability & Pollution Liab.included 106214202 12/11/2024 12/11/2025 Per Claim/3,000,000 $5,000,000/Aggr Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.The Umbrella Policy is follow form to its underlying Policies:General Liability/Auto Liability/Employers Liability. Re:#9002,Agreement #A5845,City Proj #08-25,Ramon Road Widening,San Luis Rey Drive to Landan Blvd.-City of Palm Springs,its officials,employees and agents are named as additional insured's as respects general and auto liability as required per written contract.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 day Notice will be sent to holder City of Palm Springs,Eng Svcs Dept Attn:Vonda Teed,Eng Admin Sec 3200 E Tahquitz Canyon Way Palm Springs CA 92262 Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 26 10 18 Page 1 of 3 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. Amended Coverage: The following is added to Section A. COVERAGES: Coverage is extended to "bodily injury" and "property damage" arising out of the use of a "hired auto" or "non-owned auto". B.The following changes are made to Section B. EXCLUSIONS: 1.Exclusion g. Aircraft, Auto Or Watercraft does not apply to a "hired auto" or a "non-owned auto". 2.Exclusion e. Employer’s Liability does not apply to "bodily injury" to domestic "employees" not entitled to workers’ compensation benefits or to liability assumed by the insured under an "insured contract". 3.Exclusion f. Pollution is deleted and replaced by the following: (1)"Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a)That are, or that are contained in any property that is: (i)Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; (ii)Otherwise in the course of transit by or on behalf of the "insured"; or (iii)Being stored, disposed of, treated or processed in or upon the covered "auto". (b)Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the insured for movement into or onto the covered "auto"; or (c)After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the insured. Paragraph (a)above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (i)The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and (ii)The "bodily injury" and "property damage" does not arise out of the operation of any equipment listed in Paragraphs 15.f.(2) and 15.f.(3) of the definition of "mobile equipment". Paragraphs (b)and (c)above do not apply to accidents that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (i)The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (ii)The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered "auto". 4.The following exclusion is added: Fellow employee Coverage does not apply to "bodily injury" to any fellow "employee" of the insured arising out of the operation of an "auto" owned by the insured in the course of the fellow "employee’s" employment. 57 SBA BG5ZPPDocusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 26 10 18 Page 2 of 3 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 5.The following exclusion is added: Care, Custody Or Control Coverage does not apply to "property damage" involving property owned or transported by the insured or in the insured’s care, custody or control. C.With respect to "hired auto" and "non-owned auto" coverage, Section C. WHO IS AN INSURED is deleted and replaced by the following: 1.The following are insureds: a.You. b.Your "employee" while using with your permission: (1)An "auto" you hire or borrow; or (2)An "auto" you don’t own, hire or borrow in your business or personal affairs; or (3)An "auto" hired or rented by your "employee" on your behalf and at your direction. c.Anyone else while using a "hired auto" or "non-owned auto" with your permission except: (1)The owner or anyone else from whom you hire or borrow an "auto". (2)Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (3)Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from an "auto". (4)A partner (if you are a partnership), or a member (if you are a limited liability company) for an "auto" owned by him or her or a member of his or her household. d.Anyone liable for the conduct of an insured described above but only to the extent of that liability. D.With respect to the operation of a "hired auto" or "non-owned auto" covered by this endorsement, the following changes are made to Section E. LIABILITY AND MEDICAL EXPENSES CONDITIONS: 1.The following condition is added: Other Insurance a.Except for any liability assumed under an "insured contract" the insurance provided by this endorsement is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos", the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer’s "auto" by you or your "employee". b.When this endorsement and any other endorsement, coverage part, or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our endorsement bears to the total of the limits of all the endorsements, coverage parts, and policies covering on the same basis. 2.The following condition is added: Two Or More Coverage Parts, Endorsements, Or Policies Issued By Us If this endorsement and any other endorsement, coverage part or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the endorsements, coverage parts, or policies shall not exceed the highest applicable Limit of Insurance under any one endorsement, coverage part, or policy. This condition does not apply to any endorsement, coverage part, or policy issued by us or an affiliated company specifically to apply as excess insurance over this endorsement. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 26 10 18 Page 3 of 3 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 3.The following condition is added: Financial Responsibility Laws a.With respect to a “hired auto” or “non-owned auto” to which this insurance applies, when this endorsement is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this endorsement for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b.With respect to a “hired auto" or “non-owned auto” to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. E.The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS : 1.The following definition is added: "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your "employees", your partners (if you are a partnership), members (if you are a limited liability company),, or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2.The following definition is added: "Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a."Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b.Customer’s "auto" that is in your care, custody or control for service. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 1 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A.The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1)The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Policy #57SBABG5ZPP Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 2 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i)The exceptions contained in Paragraphs (d) or (f); or (ii)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1)Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1)Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b)Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1)Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In connection with your premises; (b)In the performance of your ongoing operations performed by you or on your behalf; or (c)In connection with "your work" and included within the "products-completed operations hazard", but only if: (i)The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii)Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 32 06 21 Page 3 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1)Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2)With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a)"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b)"Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party (1)Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a)In the performance of your ongoing operations performed by you or on your behalf; (b)In connection with your premises owned by or rented to you; or (c)In connection with "your work" and included within the "products-completed operations hazard", but only if: (i)The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2)With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a)The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b)Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 14 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) a."Bodily injury" to a co-"employee" of the person operating the watercraft; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a.Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b.Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a.or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b.above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a.The limits of insurance required in a written contract, written agreement or permit; or b.The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Policy # 57SBABG5ZPP 57SBABG5ZPP Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 15 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or “suit”; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's 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 under this Coverage Part, 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, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a.and b.apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 16 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (1)You or any additional insured under this Coverage Part that is an individual; (2)Any partner, if you or an additional insured under this Coverage Part is a partnership; (3)Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4)Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5)Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6)Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom a claim is made or "suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us; and (3)We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b.below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g.of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit 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 (a)and (b)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 under this Coverage Part 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, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 18 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2."Advertising idea" means any idea for an "advertisement". 3."Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4."Auto" means: a.A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a.Injury; b.Sickness; or c.Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a.above, but is away for a short time on your business; or Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 1 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) BUSINESS LIABILITY COVERAGE FORM Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered. Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part,means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier. The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions. A. COVERAGES 1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section D.Liability And Medical Expenses Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b.This insurance applies: (1)To "bodily injury" and "property damage" only if: (a)The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”; (b)The "bodily injury" or "property damage" occurs during the policy period; and (c)Prior to the policy period, no insured listed under Paragraph 1.of Section C.Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2)To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section C.Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 2 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (3)Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d.Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1)"Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a)The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b)You are not engaged in the business or occupation of providing such services. (2)For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. Medical Expenses Insuring Agreement a.We will pay medical expenses as described below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; or (3)Because of your operations; provided that: (1)The accident takes place in the "coverage territory" and during the policy period; (2)The expenses are incurred and reported to us within three years of the date of the accident; and (3)The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b.We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1)First aid administered at the time of an accident; (2)Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3)Necessary ambulance, hospital, professional nursing and funeral services. 3. Coverage Extension - Supplementary Payments a.We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: (1)All expenses we incur. (2)Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3)The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4)All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5)All court costs taxed against the insured in the "suit". However, such costs do not include attorneys’ fees, attorneys’ expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6)Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 3 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (7)All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b.If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1)The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2)This insurance applies to such liability assumed by the insured; (3)The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4)The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5)The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6)The indemnitee: (a)Agrees in writing to: (i)Cooperate with us in the investigation, settlement or defense of the "suit"; (ii)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii)Notify any other insurer whose coverage is available to the indemnitee; and (iv)Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b)Provides us with written authorization to: (i)Obtain records and other information related to the "suit"; and (ii)Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b)of Section B.Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1)We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2)The conditions set forth above, or the terms of the agreement described in Paragraph (6)above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1)"Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2)"Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 4 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) b. Contractual Liability (1)"Bodily injury" or "property damage"; or (2)"Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a)"Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or (b)"Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (i)Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same "insured contract"; and (ii)Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1)Causing or contributing to the intoxication of any person; (2)The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; (3)Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or (4)Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury” or “property damage” involved that which is described in Paragraph (1), (2), (3) or (4) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer’s Liability "Bodily injury" to: (1)An "employee" of the insured arising out of and in the course of: (a)Employment by the insured; or (b)Performing duties related to the conduct of the insured’s business; or (2)The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1)Whether the insured may be liable as an employer or in any other capacity; and (2)To any obligation to share damages with or repay someone else who must pay damages because of the injury. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 5 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1)"Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a)At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to: (i)"Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii)"Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b)At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c)Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i)Any insured; or (ii)Any person or organization for whom you may be legally responsible; (d)At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to: (i)"Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii)"Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii)"Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e)At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2)Any loss, cost or expense arising out of any: (a)Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b)Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 6 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft (1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This Exclusion g.(1)applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury” or “property damage” arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". (2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This Exclusion g.(2)applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This Exclusion g.(2) does not apply to: (a)A watercraft while ashore on premises you own or rent; (b)A watercraft you do not own that is: (i)Less than 51 feet long; and (ii)Not being used to carry persons or property for a charge; (c)Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (d)Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than “unmanned aircraft”) or watercraft; (e)"Bodily injury" or "property damage" arising out of: (i)The operation of any of the machinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of "mobile equipment"; or (ii)The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or (f)An aircraft (other than “unmanned aircraft”) that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1)The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2)The use of “mobile equipment” in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 7 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) i. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1)War, including undeclared or civil war; (2)Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3)Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1)Legal, accounting or advertising services; (2)Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3)Supervisory, inspection, architectural or engineering activities; (4)Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5)Any health or therapeutic service treatment, advice or instruction; (6)Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7)Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8)Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9)Any: (a)Body piercing (not including ear piercing); (b)Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c)Similar services; (10)Pharmaceutical services including but not limited to: (a)The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b)The providing of or failure to provide home health care or home infusion products or services; and (c)Advising and consulting customers; (11)Computer consulting, design or programming services, including web site design. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service. Paragraphs (4)and (5)of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages. k. Damage To Property "Property damage" to: (1)Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2)Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 8 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (3)Property loaned to you; (4)Personal property in the care, custody or control of the insured; (5)That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6)That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance. Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3)and (4)of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6)of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". l. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1)A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2)A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1)"Your product"; (2)"Your work"; or (3)"Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury "Personal and advertising injury": (1)Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 9 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (2)Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3)Arising out of a criminal act committed by or at the direction of the insured; (4)Arising out of any breach of contract, except an implied contract to use another’s "advertising idea" in your "advertisement"; (5)Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; (6)Arising out of the wrong description of the price of goods, products or services; (7)Arising out of: (a)Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or (b)Any injury or damage alleged in any claim or “suit” that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or “suit”, regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or “suit” involving any intellectual property right is limited to: (i)Infringement, in your “advertisement”, of: a.Copyright; b.Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or c.Title of any literary or artistic work; or (ii)Copying, in your “advertisement”, a person’s or organization’s “advertising idea” or style of “advertisement”. Paragraph (7)(b)ii above shall not apply to claims or “suits” alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8)Arising out of an offense committed by an insured whose business is: (a)Advertising, broadcasting, publishing or telecasting; (b)Designing or determining content of web sites for others; or (c)An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b.and c.under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions. For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting; (9)Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control; (10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act; (12)Arising out of: (a)Advertising content for others on your web site; (b)Placing a link to a web site of others on your web site; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 10 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (c)Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d)Computer code, software or programming used to enable: (i)Your web site; or (ii)The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law; (14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or (16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to: (a)Infringement, in your "advertisement", of: (i)Copyright; (ii)Slogan; or (iii)Title of any literary or artistic work; or (b)Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1)Damages because of “bodily injury” or “property damage” arising out of any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2)Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above. However, unless Paragraph (1)above applies, this exclusion does not apply to damages because of “bodily injury”. r. Employment-Related Practices "Bodily injury" or "personal and advertising injury" to: (1)A person arising out of any: (a)Refusal to employ that person; (b)Termination of that person's employment; or Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 11 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (c)Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or (2)The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c)above is directed. This exclusion applies: (1)Whether the injury-causing event described in Paragraphs (a),(b), or (c)above occurs before employment, during employment or after employment of that person; (2)Whether the insured may be liable as an employer or in any other capacity; and (3)To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1)"Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2)Any damages, judgments, settlements, loss, costs or expenses that: (a)May be awarded or incurred by reason of any claim or “suit” alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b)Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c)Arise out of any claim or “suit” for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1)The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2)The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3)The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4)Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You – Exception For Damage By Fire, Lightning Or Explosion Exclusions c.through h.and k.through o.do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 12 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the "products-completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1.If you are designated in the Declarations as: a.An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b.A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c.A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d.An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e.A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2.Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d)Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d)does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2)"Property damage" to property: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 13 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (a)Owned, occupied or used by: (b)Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1)With respect to liability arising out of the maintenance or use of that property; and (2)Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b.Coverage under this provision does not apply to: (1)"Bodily injury" or "property damage" that occurred; or (2)"Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a."Bodily injury" to a co-"employee" of the person driving the equipment; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator Of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 14 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) a."Bodily injury" to a co-"employee" of the person operating the watercraft; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a.Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b.Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a.or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b.above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a.The limits of insurance required in a written contract, written agreement or permit; or b.The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 15 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "occurrence" or offense took place; (2)The names and addresses of any injured persons and witnesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1)Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or “suit”; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's 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 under this Coverage Part, 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, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a.and b.apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 16 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (1)You or any additional insured under this Coverage Part that is an individual; (2)Any partner, if you or an additional insured under this Coverage Part is a partnership; (3)Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4)Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5)Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6)Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom a claim is made or "suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us; and (3)We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b.below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g.of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k.of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit 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 (a)and (b)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 under this Coverage Part 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, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 18 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1."Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a.Notices that are published include material placed on the Internet or on similar electronic means of communication; and b.Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2."Advertising idea" means any idea for an "advertisement". 3."Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4."Auto" means: a.A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b.Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5."Bodily injury" means physical: a.Injury; b.Sickness; or c.Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6."Coverage territory" means: a.The United States of America (including its territories and possessions), Puerto Rico and Canada; b.International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c.All other parts of the world if the injury or damage arises out of: (1)Goods or products made or sold by you in the territory described in a. above; (2)The activities of a person whose home is in the territory described in a.above, but is away for a short time on your business; or Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 19 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (3)"Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication. provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7."Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of “electronic data”, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data. 8."Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9."Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a.It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b.You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a.The repair, replacement, adjustment or removal of "your product" or "your work"; or b.Your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b.A sidetrack agreement; c.Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d.Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e.An elevator maintenance agreement; or f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 20 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) (2)Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a.After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b.While it is in or on an aircraft, watercraft or "auto"; or c.While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a.Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b.Vehicles maintained for use solely on or next to premises you own or rent; c.Vehicles that travel on crawler treads; d.Vehicles, whether self-propelled or not, on which are permanently mounted: (1)Power cranes, shovels, loaders, diggers or drills; or (2)Road construction or resurfacing equipment such as graders, scrapers or rollers; e.Vehicles not described in a., b., c.,or d.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2)Cherry pickers and similar devices used to raise or lower workers; f.Vehicles not described in a., b., c.,or d.above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1)Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a)Snow removal; (b)Road maintenance, but not construction or resurfacing; or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3)Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, “mobile equipment” does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered “autos”. 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 21 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) a.False arrest, detention or imprisonment; b.Malicious prosecution; c.The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d.Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e.Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f.Copying, in your "advertisement", a person’s or organization’s "advertising idea" or style of "advertisement"; or g.Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19."Products-completed operations hazard"; a.Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1)Products that are still in your physical possession; or (2)Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a)When all of the work called for in your contract has been completed. (b)When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c)When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b.Does not include "bodily injury" or "property damage" arising out of: (1)The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2)The existence of tools, uninstalled equipment or abandoned or unused materials. 20."Property damage" means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b.Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a.An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b.Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D Form SL 00 00 10 18 Page 22 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Unmanned aircraft" means an aircraft that is not: a.Designed; b.Manufactured; or c.Modified after manufacture; to be controlled directly by a person from within or on the aircraft. 24."Volunteer worker" means a person who: a.Is not your "employee"; b.Donates his or her work; c.Acts at the direction of and within the scope of duties determined by you; and d.Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 25."Your product": a.Means: (1)Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a)You; (b)Others trading under your name; or (c)A person or organization whose business or assets you have acquired; and (2)Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2)The providing of or failure to provide warnings or instructions. c.Does not include vending machines or other property rented to or located for the use of others but not sold. 26."Your work": a.Means: (1)Work or operations performed by you or on your behalf; and (2)Materials, parts or equipment furnished in connection with such work or operations. b.Includes: (1)Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2)The providing of or failure to provide warnings or instructions. Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form SL 30 18 10 18 Page 1 of 1 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A.The following changes are made to Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE : 1.The following provision is added to Paragraph 2. Aggregate Limits: The General Aggregate Limit under Section D. LIABILITY AND MEDICAL EXPENSES LIMIT OF INSURANCE applies separately to each of your "projects". 2.The following provision is added to Paragraph 2. Aggregate Limits: When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit. B.The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1.The following definition is added: “Project” means a premises, site or location that is away from a premises, site or location owned or rented to you and at which “your work” at said premises, site or location has not yet been completed, as completion is described in the “products-completed operation hazard”. All of “your work” at such premises, site or location is deemed to involve a single project, regardless of whether “your work” is abandoned, delayed, or restarted, or if “your work” deviates from plans, blueprints, designs, specifications or timetables. Policy #57SBABG5ZPP Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D 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 57WECAE4RW1 12/11/2024 CNS Engineers,Inc. 1 Orchard Rd,#225 Lake Forest,CA 92630 12/11/2025 Docusign Envelope ID: 72EA0FB5-5FBB-42C7-B258-415925F1536D