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HomeMy WebLinkAboutA8411 - HARRIS & ASSOCIATES, INC.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Harris and Associates Ehab Gerges ehab.gerges@weareharris.com On-Call Civil Engineering Services On-Call Extension to December 31, 2024 On file Ehab Gerges, ehab.gerges@weareharris.com Marcus Fuller, marcus.fuller@weareharris.com Engineering Services Joel Montalvo / Francisco Jaime X8750 TBD A8411 Amendment No. 1 No Yes Yes Department N/A No Amendment No. 1 and insurance are attached. N/A 09/24/2024 Vonda Teed Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Page 1 of 3 Revised: 10.31.23 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A8411 BETWEEN THE CITY OF PALM SPRINGS AND HARRIS AND ASSOCIATES, INC. 1. PARTIES AND DATE. This Amendment No. 1 to Professional Services Agreement No. A8411 is made and entered into as of this 1st day of October, 2024, by and between the City of Palm Springs (“City”) and Harris and Associates, Inc. with its principal place of business at 101 Progress, Suite 250, Irvine, CA 92618 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. RECITALS. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “On- Call Civil Engineering Services” dated November 5, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide As-Needed, “On-Call” Civil Engineering Services for a variety of future civil engineering projects. 2.2 Amendment. The City and Consultant desire to extend the term to December 31, 2024 to provide continuing services until the new on-call agreement is awarded. 2.8 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 1.8 Performance of Services of the Agreement. 3. TERMS. 3.1 Term Section 3.4 of the Agreement is hereby amended by adding the following sentence: “The term of this Agreement is extended to December 31, 2024.” 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 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. 1. Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Page 2 of 3 Revised: 10.31.23 3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5 Counterparts. This Amendment No. 1 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: AC492BC2-B82F-45F3-B191-4CC69BD69293 Page 3 of 3 Revised: 10.31.23 SIGNATURE PAGE TO AMENDMENT NO. 1 BY AND BETWEEN THE CITY OF PALM SPRINGS AND HARRIS AND ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below. CONTRACTOR: By: _______________________________________ By: _________________________________________ Signature Signature (2nd signature required for Corporations) Date: Date: APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: City Manager – over $50,000 Deputy/Assistant City Manager – up to $50,000 Director – up to $25,000 Manager – up to $5,000 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 9/30/2024 9/30/2024 10/2/2024 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Continental Insurance Company American Casualty Company of Reading PA Continental Casualty Company 7/29/2024 USI Insurance Services, LLC Lic # OG11911 10940 White Rock Rd 2nd Fl Rancho Cordova, CA 95670 Jackie Lahr jackie.lahr@usi.com Harris & Associates, Inc. 1401 Willow Pass Rd Ste 500 Concord, CA 94520 35289 20427 20443 A X X X Ded: 0 X X 7092556540 08/01/2024 08/01/2025 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 B X 7092547367 08/01/2024 08/01/2025 1,000,000 A X X X 10000 7092552522 08/01/2024 08/01/2025 10,000,000 10,000,000 B N 7092555985 08/01/2024 08/01/2025 X 1,000,000 1,000,000 1,000,000 C Prof/Poll Liab. Claims-Made AEH591891588 08/01/2024 08/01/2025 $5,000,000 Each Claim $10,000,000 Aggregate Ded: $500,000 RE: On-call Engineering Services. General Liability and Auto Liability Additional Insured status granted, if required by written contract/agreement. City, its officials, employees & agents are additional insureds under General Liability & Auto Liability if required by a written contract. 180-0407 (2023) City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 1 of 1 #S45694142/M45681659 HARRIASS5Client#: 2039770 SHPZR 1 of 1 #S45694142/M45681659 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 This page has been left blank intentionally. Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES INC. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Policy No: BUA Policy Effective Date: Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 4; Page: 1 of 1 Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright Insurance Services Office, Inc., 2011 7092547367 08/01/2024 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 This page has been left blank intentionally. Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS I. A. 1. 2. a. b. (1) (2) 3. 4. 1. 2. B. 1. 2. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM LIABILITY COVERAGE Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. Does not apply to: Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or Any such organization that is an insured under any other liability "policy" providing auto coverage. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II – WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: Which are no longer in force; or Whose limits have been exhausted. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Policy No: BUA Policy Effective Date: Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 1 of 4 Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 7092547367 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Business Auto Policy Policy Endorsement C. II. A. B. a. b. C. a. D. a. b. c. d. e. (1) (2) E. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: $60 per day, in lieu of $20; subject to $1,800 maximum, in lieu of $600. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: $1,000 maximum, in lieu of $600. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. Such coverage as is provided by this provision will be subject to a limit of $750 per accident. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Policy No: BUA Policy Effective Date: Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 2 of 4 Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 7092547367 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Business Auto Policy Policy Endorsement F. c. d. G. a. b. c. d. (1) (2) III. 1. a. b. (1) (2) 2. IV. A. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories A $100 per occurrence deductible applies to the coverage provided by this provision. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. The most we will pay for loss to a covered auto in any one accident is the lesser of: $5,000; or 20% of the auto's actual cash value (ACV). Drive Other Car Coverage – Executive Officers The following is added to Sections II and III: Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: An auto owned by that "executive officer" or a member of that person's household; or An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. Equal to the greatest of those coverages afforded any covered auto; and Excess over any other collectible insurance. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. BUSINESS AUTO CONDITIONS Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Policy No: BUA Policy Effective Date: Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 3 of 4 Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 7092547367 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Business Auto Policy Policy Endorsement (4) (6) B. C. D. E. a. V. Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Policy No: BUA Policy Effective Date: Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 4 of 4 Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. 7092547367 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 1 of 2 Policy No: Effective Date: Insured Name: Harris & Associates Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 subject to such written contract; or B.in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B.additional insured coverage with "arising out of" language; or C.additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: 7092556540 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement CNA75079XX (10-16) Page 2 of 2 Policy No: Effective Date: Insured Name: Harris & Associates Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3.make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 7092556540 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Architects, Engineers and Surveyors General Liability Extension Endorsement CNA74858XX (1-15) Page 16 of 17 Policy No: Effective Date: Insured Name: Harris & Associates Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE – ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as follows: A.Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B.Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part; and 2.was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. 7092556540 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 This page has been left blank intentionally. Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers’ Compensation Insurance G. Recovery From Others and Part Two - Employers’ Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. 60606 Policy No: WC Policy Effective Date: Policy Page: Form No: G-19160-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL © Copyright CNA All Rights Reserved. 7092555985 08/01/2024 Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 This page has been left blank intentionally. Docusign Envelope ID: AC492BC2-B82F-45F3-B191-4CC69BD69293 City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov October 4, 2023 Harris & Associates, Inc. ATTN: Ehab Gerges 22 Executive Park, Suite 200 Irvine, CA 92614 Re: Professional Services Agreement No. 8411 for On-Call Civil Engineering Services The referenced agreement expired on October 31, 2022 and, in accordance with Section 3.4 of the Agreement, it may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to October 31, 2024. This is the second of two (2) one-year extensions provided for in said agreement. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, Joel Montalvo City Engineer Approved by: ________________________________________ _______________________ Scott C. Stiles, City Manager Date Please sign below to agree to extending Agreement 8355 for one (1) year ending October 31, 2024. __________________________________ _____________________________ Harris & Associates, Inc. Date DocuSign Envelope ID: 49DBD196-B64E-4A24-BA71-89751B3EB2E1 10/4/2023 10/10/2023 CITY OF PALM SPRINGS PROFESSIONAL SERVICES AGREEMENT ON-CALL CIVIL ENGINEERING SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into,to be effective this 1;k day of Nurt.�h ,2019,by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and Harris & Associates, Inc., (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the"Parties." RECITALS A. City has determined that there is a need for As-Needed, "On-Call" Civil Engineering Services for a variety of future Civil Engineering projects, (hereinafter the"Project"). B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call" Civil Engineering Services for a variety of future Civil Engineering projects to City pursuant to the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the"Services"or"Work"). As a material inducement to the City entering into this Agreement,Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and ,that Consultant is experienced in performing the Work and Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Work and Services required hereunder. For purposes of this Agreement, the phrase "highest professional standards" shall mean those,standards of practice recognized as high quality among well-qualified and experienced professionals performing similar work under similar circumstances. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits `B" and "C", respectively, are incorporated by reference Page 1 of 18 Rev.1-31-18 and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st)the terms of this Agreement; (2❑d) the provisions of the Scope of Services (Exhibit "A"); as may be amended from time to time; (3rd) the provisions of the City's Request for Proposal (Exhibit `B"); and, (4th) the provisions of the Consultant's Proposal (Exhibit"C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. 1.4 Licenses, Permits. Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Consultant represents and warrants to City that Consultant shall,at its sole cost and expense,keep in effect at all times during the term of this Agreement, any license,permit,qualification, or approval that is legally required for Consultant to perform the Work and Services under this Agreement. Consultant shall have the sole obligation to pay for any fees,assessments,and taxes,plus applicable penalties and interest,which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work and Services required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments,taxes penalties, or interest levied, assessed, or imposed against City hereunder. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant(a)has thoroughly investigated and considered the Scope of Services to be performed, (b)has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment,materials,papers,documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property,until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments,prepare all documents,and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Performance of Services. City Manager or Director of Engineering Services/City Engineer, as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of Page 2 of 18 this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering Services/City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform this Agreement. 1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement,and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands,losses,costs,judgments,arbitration awards,settlements,damages,demands,orders,or penalties which arise out of or are related to such employment,together with any and all costs, including attorneys' fees, incurred by City. 2.0 COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by'this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Engineering Services/City Engineer or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense,transportation expense,and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not-to-Exceed payment amounts Page 3 of 18 established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement,the City Council hereby authorizes the subsequent approval of individual Task Orders(Purchase Orders)in those amounts sufficient to cover the cost of required services (pursuant to Schedule"D")necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth(10)working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director,an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City,the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including,but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. 3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. Page 4 of 18 3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including,but not limited to, acts of God or of the public enemy,unusually severe weather, fires, earthquakes,' floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on November 1, 2019 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager,upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one(1)year terms. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Ehab Gerges, Contract Manager. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the ,City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement,nor any part thereof,nor any monies due hereunder,voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant Page 5 of 18 and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. -In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City. 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding,unemployment compensation,workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. - C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries,wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, Page 6 of 18 representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City,the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement,standard industry form professional liability(errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant;or(b)if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer.an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a"claims made"basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement,or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period,new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. Page 7 of 18 C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain,in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non- owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to'reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of$10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement,Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers,council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies,including breaches of warranties, shall-not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured,including additional insureds,against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein(e.g., elimination of contractual liability or reduction of Page 8 of 18 discovery period), unless the endorsement has first been submitted to the.City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required)to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with-all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted'to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten(10)days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. Page 9 of 18 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. i 5.5 Verification of Coverage.Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"maybe included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No. or'for any and all workperformed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."Language such as, "endeavor to"mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above,the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. Page 10 of 18 6. INDEMNIFICATION 6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense),indemnify,protect,and hold harmless City,its elected officials,officers,employees,agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a parry to this Agreement. 6.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a"design professional services agreement" and Consultant is a"design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law,Consultant shall indemnify, defend(at Consultant's sole cost and expense),protect and hold harmless City and its elected officials, officers, employees,agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively"Indemnified Parties")against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property,which Claims arise out of,pertain to, or are related to the negligence,recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of,pertain to, or relate to Indemnified Claims,whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim"may arise out of,pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for Page 11 of 18 such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession sub-Consultants,used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement,to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time,costs,expenses,and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason,Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or-events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Page 12 of 18 Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books,records,payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant.shall maintain such books,records,data,and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue.This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Termination. City may terminate this Agreement for its convenience at any time,without cause, in whole or in part,upon giving Consultant thirty(30) days written notice. Upon such notice, City shall pay Consultant for Services performed through the date of termination. Upon receipt of such notice, Consultant shall immediately cease all work under this Agreement,unless the notice provides otherwise. Thereafter, Consultant shall have no further claims against the City under this Agreement. Upon termination of the Agreement pursuant to this section, Consultant shall submit to the City an invoice for work and services performed prior to the date of termination. In addition,the Consultant reserves the right to terminate this Agreement at any time,with or without cause,upon sixty(60) days written notice to the City, except that where termination is due to material default by the City,the period of notice may be such shorter time as the Consultant may determine. 8.4 Default of Consultant. A. Consultant's failure to comply with any provision of this Agreement shall constitute a default. Page 13 of 18 B. If the City Manager, or his designee,determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement,he/she shall notify Consultant in writing of such default. Consultant shall have ten(10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity,or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured,provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.43, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein. 8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or-terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof. 8.6 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement,to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.8 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding within thirty(30) days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. Page 14 of 18 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race,religion, color, sex, age,marital status, ancestry, national origin(i.e.,place of origin, immigration.status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity,gender expression,physical or mental disability,or medical condition(each a"prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis.As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following:'employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S.letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim,provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of,pertains to, or is related to the negligence,recklessness or willful misconduct of Consultant. However,Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2)the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. Page 15 of 18 B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any - suit or claim,provided, however,that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notices. .All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of(i)the date of delivery to the address of the person to receive such notice if delivered.personally or by messenger or overnight courier; (ii)five(5)business days after the date of posting by the United States Post Office if by mail; or(iii)when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: Harris &Associates, Inc. Attention: Ehab Gerges, Contract Manager 22 Executive Park, Suite 200 Irvine, CA 92614 Telephone: (949) 683-2011 Facsimile: (949) 655-3995 10.3 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees. 10.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity,without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. Page 16 of 18 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto. 10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 10.8. Corporate Authority. Each of the undersigned represents and warrants that(i)the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. (SIGNATURES ON FOLLOWING PAGE) Page 17 of 18 IN WITNESS WHEREOF,the City and the Consultant have caused this Agreement to be executed the day and year first above written. ATTEST: CONTENTS APPROVED: CITY F PALM SPRI , CA By ,� Anth 1Vlejia, qty Wavid H. Ready, City ManaDate: I c)S ZQIC1 Date: �� q APPROVED AS TO FORM: APPROVED BY CITY COUNCIL: BygfreSW. a Date: l` -IiAgreement No.AA� Jefnger, rty Attorney Date: L / . L�, S APPROVED BY CITY COUNCIL 11L CONSULTANT Name: Harris &Associates, Inc. Check one: _Individual_Partnership=Corporation Corporations require two notarized signatures: One signature must be from Chairman of Board,President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. Address: 22 E utive Park, Suite 200 CA 92614 By: By: Signature (notarized) Signature (notarized) I� �' Name: �f'L�trJ J' e r' c Name: 5�f�J Title: Title: FO Page 18 of 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of On `d �� before me Date Name d Title of the Offic personally appeared Na (s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *My DARLE LIANE LYNCH I certify under PENALTY OF PERJURY under the laws Notary Public-California of the State of California that the foregoing paragraph OrangeCounty is true and correct. Commission Y 2254677 Comm.Expires Aug 16,2022 WITNESS m hand and oficial seal Place Notary Seal Above Signatur Signature of Nota P blic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i n— n�iv�.-✓rF�c1bF.QFA�-1��.�'Y`=-�.a0'^n�0'=��.bi=�?.�"..F`->Y'.;c - S:6-.S5-.�-G`S�-S`�.G`S�C�(`��-G'!'G'l.S`A�.[XJ.F`C>,_G`S�d�`.�S�S'SF:C`.c>C.Sf>C.C'SFt�.[\=.('t�.F\:.(�Q�'- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California J ) County of �Z n frA_ On /d' S-0 before me, 3,4 ,uU�-ar., �u Date I 7 here Insert Name and Title of the Officer personally appeared W/��r�5�-C� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph - - . is true and correct. TONYA SCHROLL _ WITNESS my hand and official seal. Now►-Public•Csl#ornfa z Cows,Cosh Cou a *- '_ ': e Commission#2172p57 � Signature My Comm."Expires Nov 17,2020 Sij6Kature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association -www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A" SCOPE OF SERVICES General Scope of Services for "On-Call" Civil Engineering Services - Consultant shall provide as- needed on-call civil engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to,the following: (*all services may or may not be necessary on each assigned project) 1. Street improvement projects. 2. Sewer improvement projects. 3. Storm drainage projects—Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. 8. Surveying Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the on-call Civil Engineering firm to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space,city staff or city resources,printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), Greenbook, Caltrans, (or most applicable or current edition at the time of assigned project), and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Civil Engineer to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Civil Engineer of sub-consultants for consideration and reserves the right of approval of any sub-consultant selected by the Civil Engineer on any assigned project. END OF EXHIBIT"A" EXHIBIT"B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA NOTICE INVITING STATEMENTS OF QUALIFICATIONS SOQ 14-19 ON-CALL CIVIL ENGINEERING SERVICES NOTICE IS HEREBY GIVEN that the City of Palm Springs is requesting statements of qualifications from professional licensed civil engineering firms to provide the City with "on-call' Civil Engineering Services for a variety of City projects as may be assigned, (hereinafter the "Project"). The objective of this solicitation is to hire multiple on-call firms to provide such services to the City. PROJECT LOCATION: City of Palm Springs, CA SCOPE OF SERVICES: The scope of work includes providing the City with "on-call" Civil Engineering Services for a variety of City projects as may be assigned. OBTAINING SOQ DOCUMENTS AND ADDENDA: The SOQ document may be downloaded via the internet at www.palmspringsca.gov (go to Departments, Procurement, Open Bids & Submittals), or by calling the Office of Procurement and Contracting, (760) 322-8368. Upon downloading the SOQ via the internet, contact Craig Gladders, Procurement and Contracting Manager, via email at craig.gladders(o)palmspringsca.gov to be placed on the interested vendor list for this project, providing your company name, contact person, contact email address, office address, office phone and office fax. Failure to be placed on the interested vendor list as stated above may result in not receiving Addenda to the SOQ. Failing to acknowledge Addenda may result in your submittal being non-responsive, or may negatively impact the evaluation of your submittal. We strongly advise that you follow the instructions above if you are interested in submitting your qualifications. EVALUATION OF QUALIFICATIONS AND AWARD OF CONTRACT: This solicitation has been developed in the Statement of Qualifications (SOQ) format for the acquisition of Professional Services on the basis of demonstrated competence and qualifications for the type of services required consistent with the provisions of CA Government Code 4525/4526 and Municipal Code 7.04.050. Accordingly, firms should take note that multiple factors as identified in the SOQ will be considered by the Evaluation Committee. PRICE IS NOT EVALUATED AS PART OF THE EVALUATION CRITERIA, but shall be negotiated with the successful firm or firms to be fair and reasonable. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council. The selected firm will be required to comply with all insurance and license requirements of the City. DEADLINE: All submittals must be received in the Procurement and Contracting Office, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic and telephonic submittals will not be accepted. Reference the SOQ document for additional dates and deadlines. Late submittals will not be accepted and shall be returned unopened. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. Page 1 of 48 Craig L. Gladders, C.P.M. Procurement.and Contracting Manager May 7, 2019 Page 2 of 48 4AU4 JO CITY OF PALM SPRINGS, CA STATEMENT OF QUALIFICATIONS (SOQ)#14-19 ON-CALL CIVIL ENGINEERING SERVICES Statements of Qualifications (SOQ 14-19), for professional services for a On-Call Civil Engineering Services for the City of Palm Springs, CA, (hereinafter the "SOQ") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL-TIME, TUESDAY, JUNE 11, 2019. It is the responsibility of the respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will be returned unopened. Failure to register for this SOQ process per the instructions in the Notice Inviting Statements of Qualifications (under "Obtaining SOQ Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non-responsive or negatively impact the evaluation of a submittal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND.SCHEDULE: The City of Palm Springs is requesting statements of qualifications from qualified professional licensed civil engineering firms to provide the City with On-Call Civil Engineering Services The objective of this solicitation is to hire multiple on-call firms to provide such services to the City. The City may assign projects at its sole discretion. There is no promise or guarantee of work, made or implied, by the City and all work that may be assigned is subject to approval and funding of each project. SCHEDULE: Notice requesting Statements of Qualifications posted and issued ........................... May 7, 2019 Deadline for receipt of Questions.......................................Tuesday, June 4, 2019, 3:00 P.M. Deadline for receipt of Submittals....................................Tuesday, June 11, 2019, 3:00 P.M. Short List/ Interviews/ *if desired by City ..........................................................to be determined Contract awarded by City Council ..................................................................... to be determined NOTE. There will NOT be a pre-submittal conference for this procurement. *Dates above are subject to change. "KEY" TO SOQ ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included in your Qualifications Submittal envelope. Page 3 of 48 ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and notarized and included in your Qualifications Submittal envelope. ATTACHMENT "C" — Cost/Rates Submittal Form. *Must be completed and included in a separately sealed envelope - do NOT include this in your Qualifications Submittal envelope. ATTACHMENT "D" — No Conflict of Interest and Non-Discrimination Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "E" — Business Disclosure Form. *Must be completed and included in your Qualifications Submittal envelope. ATTACHMENT "F" —Sample boilerplate Contract Services Agreement(for reference only) *SPECIAL NOTE. THE CITY IS CONDUCTING A SEPARATE SOQ 15-19 FOR ON-CALL TRAFFIC ENGINEERING SERVICES THAT IS DUE ON THE SAME DAY. IF YOUR FIRM ALSO OFFERS THOSE SERVICES AND YOU WISH TO SUBMIT YOUR QUALIFICATIONS FOR TRAFFIC ENGINEERING SERVICES, YOU MUST SUBMIT A SEPARATE RESPONSE TO THAT SPECIFIC SOQ. THE CITY WILL NOT ACCEPT OR CONSIDER A COMBINED SINGLE SUBMITTAL IN RESPONSE TO BOTH SOWS. 2. BACKGROUND: The City of Palm Springs is a Charter City in eastern Riverside County, CA with a population of over 48,000. The City is seeking proposals from qualified professional Civil Engineering firms to establish a list of on-call firms to work on a variety of capital projects within the City boundaries. The city anticipates the projects will range from various small and large Civil Engineering projects related to roadways and various City facilities. Examples of the types of projects that may be contemplated under this contract for services may include, but are not limited to, the following: drainage projects, curb and gutter work, design of parking lots, street improvements, preliminary planning and cost estimating for existing and future projects, etc. The selected consultant(s) shall be required to demonstrate successful experience and capacity to provide civil engineering services to a municipal government agency for the types of projects named above. Note that projects with Federal or State grant funds may be excluded from this contract pursuant to the applicable terms and conditions of the grant requirements. The City intends to award one or more contracts for on-call Civil Engineering Services with an initial term of three years, with two one-year extensions upon approval of the City Manager and mutual consent of the selected Consultant(s), for a total maximum term of five years, unless mutually extend by the parties. The assignment of projects to the on-call firms is not guaranteed and is at the sole discretion of the City. 3. SCOPE OF WORK: The selected Consultant(s) shall provide first class as-needed licensed on-call civil engineering services for various City Projects as assigned. Responsibilities may include, but are not limited to, the following: (*all services may or may not be necessary on each assigned project) 1. Street-improvement projects. 2. Sewer improvement projects. Page 4 of 48 3. Storm drainage projects — Miscellaneous storm drainage improvement projects as determined by the Public Works staff. 4. Preliminary planning and cost estimating for capital improvement projects. 5. Right of Way Clearance. 6. Environmental Clearance for CEQA. 7. Act as the City of Palm Springs representative on contract document interpretation and related contract matters during construction of projects. Typical duties may include, but are not limited to the following: 1. Prepare or examine engineering plans, specifications designs, cost estimates, bid proposals and legal descriptions for a variety of construction and maintenance projects. 2. Serve at the discretion/direction of City Engineer on a variety of construction or capital improvement projects including difficult engineering work. 3. Represent the City in meetings with contractors, developers, consultants, utilities and others. 4. Perform contract administration functions, negotiations on behalf of the City, and recommend change orders when applicable. It will be the responsibility of the successful firm(s) to determine the necessary staffing level required to perform the scope of service as may be required for a project when assigned. The City will not provide dedicated work space or office space, city staff or city resources, printing or copying services, or clerical assistance in the performance of this agreement. The City reserves the right to. perform any portion of the scope of work with City personnel and/or by other Consultants. All proposals must be made on the basis of the requirements contained herein. Individual tasks may require supervision, consultants, materials, equipment and supplies necessary to complete any services required. All services shall be performed in compliance with industry and professional standards and all applicable federal, state, and local laws, ordinances and regulations including Americans with Disabilities Act (ADA), 2010 (or most applicable current at the time of assigned project) Edition of the California Building Code, and the rules and ordinances of the County of Riverside and the City of Palm Springs. The City further reserves the right, when applicable and in the best interests of the City, to require the Civil Engineer to engage sub-consultants with special expertise when the unique circumstances of a particular project warrants such additional services. The City may provide recommendations to the Civil Engineer of sub-consultants for consideration and reserves the right of approval of any sub-consultant selected by the Civil Engineer on any assigned project. 4. SUBMITTAL REQUIREMENTS: Please note: this SOQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firms to be knowledgeable of the general areas identified in the scope of.work and will incorporate in the final agreement with the selected firms from this process all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments or change orders to the Page 5 of 48 selected firms agreements which do not involve a substantial change from the general scope of work identified in this SOQ. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select multiple firms to provide the on-call services requested by this SOQ. The City shall review the submittals submitted in reply to this SOQ, and a limited number of firms may be invited to make a formal presentation and attend an interview at a future date. The format, selection criteria and date of the presentation and interview will be established at the time of short-listing. Preparation of submittals in reply to this SOQ, and participation in any future presentation or interview is at the sole expense of the firms responding to this SOQ. 6. SUBMITTAL EVALUATION CRITERIA: This solicitation has been developed in the "Statement of Qualifications" (SOQ) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firms. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Cost/Rate submittals submitted in separate sealed envelopes are not opened, nor considered during evaluations. Upon selection of the most qualified firms, the associated cost/rates submittals will be used as a basis for contract negotiations to establish fair and reasonable and mutually agreed upon costs. Should successful negotiations not occur with a ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the next highest ranked firm, and so on. PRIOR CITY WORK If your firm has prior experience working with the City DO NOT assume this prior work is known to the evaluation committee. All firms are evaluated solely on the information contained in their submittal, information obtained from references, and presentations if requested. All submittals must be prepared as if the evaluation committee has no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this SOQ, will evaluate all responsive submittals to this SOQ. Firms are requested to submit their submittals so that they correspond to and are identified with the following specific evaluation criteria: A. Firm Qualifications, Experience and Background (35 POINTS): B. Understanding Civil Engineering Design processes (35 POINTS): C. References and Experience with Projects of Similar Size and Scope (25 POINTS): D. Local Expertise Demonstrated on the Team (5 POINTS): Firms that qualify as a Local Business, or employ local sub-consultants, and submit a valid business license as more fully set forth in Section DA below, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five (5) points, will be awarded to those that qualify as a Local Business. Two (2) points will be awarded to a non-local business that employs or retains local residents and/or firms for this project. Non-local firms that do not employ or retain any local residents and/or firms for this project shall earn zero (0) points for this criteria. 7. SUBMITTAL CONTENTS: Firms are requested to format their submittals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The submittals must be in an 8 % X 11 format, minimum 10pt font size, minimum %" margins, and may be no more than a total of thirty (30) sheets of paper, which may be double-sided, including cover letters., organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Page 6 of 48 Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Submittal "C" (*in a separately sealed envelope) do NOT count toward the limit (everything else does). Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5) copies) of both your Qualifications Submittal and your Cost/Rates Submittal, and one (1) Thumb Drive or CD of the entire submittal (including the Cost/Rates Submittal), by the deadline. All submittals shall be sealed within one package and be clearly marked, "SOQ 14-19, REQUESTS FOR STATEMENTS OF QUALIFICATIONS FOR ON-CALL CIVIL ENGINEERING SERVICES". Within the sealed submittal package, the Cost/Rates Submittal "C" shall be separately sealed from the Qualifications Submittal. Submittals not meeting the above criteria may be found to be non-responsive. EACH SUBMITTAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED ENVELOPES: Envelope#1, clearly marked "Qualifications Submittal", shall include the following items: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed, and notarized, Affidavit of Non-Collusion (see Attachment B) • If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley. • Completed No Conflict of Interest and Non-Discrimination Form (Attachment D) • Completed Business Disclosure Form (Attachment E) At a minimum, firms must provide the information identified below. All such information shall be presented in a form that directly corresponds to the numbering scheme identified below. SECTION A: FIRM QUALIFICATIONS, PROJECT TEAM, EXPERIENCE AND BACKGROUND A.1 State your firm's complete name, type of firm (individual, partnership, corporation or other), telephone number, FAX number, contact person and E-mail address. If a corporation, indicate the state the corporation was organized under. A.2. State the name and title of the firm's principal officer with the authority to bind your company in a contractual agreement. A.3 Describe your firm's background and qualifications in the type of effort that this project will require, specifically identifying experience with providing civil engineering design services for public agencies. A.4 List the name, qualifications and availability of the key staff/team members that will be assigned to this project. Provide detailed qualifications of the lead Representative or Project Manager that will be assigned to this project. A.5 Indicate the name of any sub-consultant firms that will be utilized to make up your team. Describe each sub-consultant's background and specific expertise that they bring to this project, Page 7 of 48 SECTION B: UNDERSTANDING CIVIL ENGINEERING DESIGN METHODOLOGY B.1 Describe in detail the steps that your firm would follow to provide civil engineering design services, including your work plan process and methodology. B.2 Identify your ability to ensure that projects are designed within your client's budget and the measures taken in successfully completing all phases of a project. B.3 Identify project management tools you propose to use to keep both your own staff on track and the City staff cognizant of current project status. B.4 Identify a design project, carried out in a desert environment, for which your firm and the staff proposed for this contract provided Civil Engineering Design Services, and describe how you applied your firm's skills and abilities in the following areas: (a) Responsiveness and attentiveness to client needs; (b) Creative ability; (c) Knowledge and understanding of the latest construction trends; (d) Analytical capability; (e) Oral and written communication skills; (f) Interaction with client's organization, i.e., other divisions and personnel (g) Sensitivity to funding constraints B.5 For the types of potential projects that were listed in Section 2 "Background", please comment on issues in your past experience that have come up and how your staff worked with your client to either avoid or resolve them. SECTION C: REFERENCES AND EXPERIENCE WITH PROJECTS OF SIMILAR SIZE AND SCOPE CA Provide a minimum of three (3) references for recently completed Civil Engineering Design Services for projects of a similar size and scope where the key personnel identified above provided the professional services required. At least two (2) of the references shall be for public/government agency projects, preferably in a desert climate. Provide contact information, including full name and a current phone number, for each project identified. C.2 For the representative successful projects completed, explain what key issues/challenges you faced and how you solved them. Also, please comment on the project budgeting for each. SECTION D: LOCAL EXPERTISE DEMONSTRATED ON THE TEAM D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term "Local Business" is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license by a jurisdiction located in the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Page 8 of 48 Mountains on the east and north. For the purposes of this definition, "Coachella Valley" includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. The contractor or consultant will also, to the extent legally possible, solicit applications for employment and proposals for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible. In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley with its proposal. D.2 List all team members with local expertise. Clearly define their role in the overall project. ENVELOPE #2, clearly marked "Cost/Rates Submittal', shall include a fully completed and signed "Cost/Rates Submittal" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work on a Project for the City of Palm Springs. • List the hourly rate for all classifications of personnel of sub consultants. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachments "A", "B", "D, or "E" in the Cost/Rates Submittal, Envelope #2. Attachments "A", "B", "D" and "E" are to be included in Envelope #1, "Qualifications Submittal". DEADLINE FOR SUBMISSION OF QUALIFICATIONS: Submittals will be received in the City of Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME, TUESDAY, JUNE 11, 2019. Proof of receipt before the deadline is a City of Palm Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the firms replying to this SOQ to see that any submittal sent through the mail, or via any other delivery method, shall have sufficient time to be received by the Procurement Office prior to the submittal due date and time. Late submittals will be returned to the firm unopened. Submittals shall be clearly marked and identified and must be submitted to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Craig Gladders, C.P.M., Procurement& Contracting Manager QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to Page 9 of 48 this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: Craig Gladders, C.P.M. Procurement& Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig.Gladders(cD_palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time, Tuesday, June 4, 2019. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Department of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that agreement Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firms, and will appear in the final Professional Services Agreement executed between the parties. Requested changes to the Professional Services Agreement may not be approved, and the selected firms must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a submittal in response to this SOQ. Firms that submit a submittal in response to this SOQ shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor. shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's Page 10 of 48 lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked firms refuse or fail to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the next highest ranked firms, and so on. The term of the agreements that are awarded as a result of this SOQ shall be in effect for three (3) years with two additional one (1) year optional extensions at the mutual consent of the parties. AWARD OF CONTRACT: It is the City's intent to award a contract to the firms that can provide all of the services identified in the SOQ document. However, the City reserves the right to award a contract to multiple firms or to a single firm, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firms to be recommended for award and contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT SUBMITTALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to cancel all or part of this SOQ and seek new submittals, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Professional Services sample agreement included in the SOQ. The successful firms will be required to comply with these provisions. It is recommended that firms have their insurance provider review the insurance provisions BEFORE they submit their qualifications. RESPONSIBILITY OF PROPOSER: All firms responding to this SOQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and Page 11 of 48 staff has agendized a recommendation to the City Council for the award of a contract to a specific firm or firms, but before final action is taken by the City Council to award the contracts. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a submittal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret", "Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the submittal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a submittal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the submittal or other information or documents submitted to the City as part of this SOQ process. NOTE THAT THE CITY MAY NOT RECOGNIZE SUBMITTALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH SUBMITTALS MAY BE FOUND NON- RESPONSIVE. COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this SOQ in the preparation of their submittal or participation in any presentation if requested, or any other aspects of the entire SOQ process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this SOQ. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". Page 12 of 48 INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this SOQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be interpreted to mean that the firm responding to this SOQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Statement of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement, including the insurance requirements, must be included in the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 13 of 48 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ)#14-19 ON-CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: Please check below IF your firm qualifies as a Local Business as defined in the SOQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# is/are hereby acknowledged. Page 14 of 48 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL(Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA)ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is of the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham;that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement,communication,or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay,any fee to any corporation, partnership, company,association, organization, Submittal depository,or any other member or agent thereof to effectuate a collusive or sham Submittal. By: Title: Subscribed and sworn to before me this day of 2019. Page 15 of 48 ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary,you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Page 16 of 48 $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: $ PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page 17 of 48 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANT/VENDOR: NAME and TITLE of Authorized Representative: (Print) Signature and Date of Authorized Representative: (Sign) (Date) Page 18 of 48 ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note:A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the ownedinvestor, and the official have done business together during the year prior to the application; (2) the official has earned income from the ownedinvestor during the year prior to the filing of the application; (3) the ownedinvestor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner investor's interest in the applicant entity, in relation to the application's outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? Page 19 of 48 A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity(e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. "There are some additional supplementary instructions with an example following the form should you need further clarification. Page 20 of 48 EXHIBIT"C" CONSULTANT'S PROPOSAL fi SOQ 14-19 ON -CALL ENGINEERING SERVICES r ,,`�,,� _ ...�_�— f�ft °tr q .;:', .•. �,'�z ��ae�t �a���r� � a; i CITY OF PALM SPRINGS June 11, 2019 Harris & Associates® TABLE OF CONTENTS Section A: Firm Qualifications, Project Team, Experience, and Background..................................4 Section B. Understanding Civil Engineering Design Methodology..................................................15 Section C. References and Experience with Projects of Similar Size and Scope..........................25 Section D: Local Expertise Demonstrated on the Team.....................................................................30 Attachments..................................................................................................................................................a v 6 s � T i SAM t 2_?1 3 I oil° 77 F v Ow ......... ... .. .. ........ 7. 7. 7. 7. 7. 7. 7. 7. 7. 7. I v s j ' 1 v ^ r t ' � a x � � , E m Y` t> S - : oil v.� 3 Y_ ) wv""v >^� 3 ✓ s �- - i � ` lTO ` may �� z 2 M Harris&Associates,Inc. Harris &AsSOCIateS '. SOQ 14-19: On-Call Engineering Services Dear Craig and Evaluation Committee: The City of Palm Springs(City)is investing in infrastructure that will advance June,ll,2019 neighborhood services and safety;revitalize the downtown;enhance their infrastructure; Craig Gladders and improve the overall quality of life for residents and visitors alike.At the recent Joint Procurement and Contracting City Council and Measure J Commission meeting,there was much excitement over Department Measure J's continued potential and civil engineering was a major focus.Managing City;of Palm Springs,_,, projects and delivering services in this booming and dynamic city requires an efficient 3200 E.Tahquitz Canyon Way and trusted advisor who understands the City's need for stability and responsiveness and Palm Springs,CA 92262 executes work in this capacity.Harris&Associates,Inc.(Harris)is the right partner to maintain the City's brand as a"world-class city."Harris offers the following benefits: An Agile Team to Expedite Project Delivery.Parks and park restrooms,streets,the library, pavement,and pickleball courts.These are just a few of the projects discussed at the May 23rd Joint City Council and Measure j Commission Meeting.Councilmember Geoff Kors acknowledged the passion surrounding future projects,recognizing that"we all want to do everything."To support this endeavor,Harris offers a robust,multi-disciplined team of professionals whose specialties align with your priority projects.We have delivered 14 task orders for the City on your current on-call contract and we have tackled every project you have presented to us.As your trusted project advisor,we hold ourselves accountable for finding solutions to your challenges,no matter the size. An Approach Rooted in Transparency and Accountability.The high profile nature of your projects demands excellent communication,transparent reporting,and responsiveness. That's why Ehab Gerges will serve as your Contract Manager.The foundation of Ehab's leadership approach pivots on achieving team alignment and collaboration,institutionalizing accountability,and creating a transparent reporting structure.He will lead the start-up effort to define systems and responsibilities;establish controls and transparent reporting;facilitate lines of communication;and promote accountability and responsiveness. Trust Leads to Continued Success.Delivering successful projects for the community requires a consultant who understands your challenges including seasonal population,coordinating with community events(VillageFest,International Film Festival,Festival of Lights,Coachella, and Stagecoach),landscape preferences,community groups(ONE-PS),and community engagement.That's why we are proposing a team that has extensive experience working with the City and in the Coachella Valley.This experience translates to speed,expertise,and accuracy.Our partnership on your critical projects(annual pavement management program, Demuth Park ADA,emergency projects,and facilities assessments)means we have a deep understanding of your processes—and we know how busy you are!We will continue to take complete ownership of your projects,drive the schedule,and alleviate your staff's workload. On the outside of City Hall are the words:"The People are the City."That phrase strongly resonates with the Harris team and we look forward to supporting the City in building a brighter future for your people. Sincerely, Harris&Associates,Inc. Harris&Associates,Inc. Vaberges,PE,Contract Manager 22 Executive Park,Suite 200 949.683.2011 ehab.gerges@weareharris.com Irvine,CA 92614 949.655.3900 0 WeAreHarris.com Cover Letter 3 777 Yb re IT a e 9 Z n� �x i Al.State your firm's complete name, Harris&Associates,Inc. type of firm(individual,partnership, Corporation(California) corporation or other),telephone T:949.655.3900 number,FAX number,contact person and E-mail address.If a corporation, F:866.356.0998 indicate the state the corporation was Ehab Gerges,PE,Contract lblanaaer organized under. Ehab.Gerges@WeAreHarris.com A.2.State the name and title of the firm's Ehab Gerges,PE,Contract Manager principal officer with the authority to Chief Business Development Officer bind your company in a contractual agreement. ?� �VPnlmSRrings s it Palm Desert 1 `!— `�.. M- C Harris has worked on several projects over the last decade for the City of Palm Springs and the surrounding areas. "Harris has demonstrated depth of experience and responsiveness on a consistent basis. Given the political sensitivity and time lines that have been imposed upon the delivery of their services, Harris has performed extremely well over the years." —Rick Yee PEAssistont City Engineer City of Yorba Linda 4 0 Harris&Associates,Inc. A.3 Describe your firm's background BACKGROUND and qualifications in the type of effort that this project will require,specifically For 45 years,Harris helped improve communities and create better places to identifying experience with providing live through smart,safe,sustainable planning,and project delivery solutions. civil engineering design services for public agencies. Harris'civil engineering design team brings value beyond meeting deadlines, providing accurate estimates and reports,and comprehensive plans and specifications.Street and sewer improvements,storm drainage,curb and gutter work,parking lots,buildings,and staff augmentation—we apply our experience to find innovative and cost-saving solutions that enhance safety,sustainability,and quality of life for our communities.We are careful stewards of our clients'resources and reputation and hold ourselves accountable for delivering on our commitments. This commitment to our clients is especially demonstrated through our ability to provide our clients with a wide array of services—.from staff augmentation to environmental clearance for CEQA to serving as agencies'representatives on contract document interpretation and related contract matters.Our team includes construction managers who serve as leaders and catalysts to help move projects forward by fostering a culture of collaborative partnership around project objectives.One of our fundamental goals during the construction phase is to deliver reliable cost and schedule information to decision makers,so they can make informed decisions on project scope and delivery.Through effective public outreach and stakeholder communication,we help manage public expectations,minimize disruptions to project neighbors of the project site,and promote a positive image of the project. to y C t4 y = C < N C O hp C ++ W N41 C U O E .i O. E - ++ > O C QUALIFICATIONS °' °' ° _ E Ltl bA G7 E Ou .y, O fy6 f0 ate: ++ Q O d + Zn O+ i C to N C d O R O N M a� Similar Projects v o ir cn a a. M u w 5 U M <n ¢ u- 6h City of Palm Springs,On Call • • • • • • • • • • • • .. _._ ............... __ ..................._............_....._._.,. ..................... City of Cathedral City Ramon Road East • • • • • ___--........._.-...____.._._..._._...._..._.................._..__._.___._ ..._... .........._......_.............__ .. .__ ... _......._...._.......... ._._........._. _ _ ................. City of Cathedral City,Da Val[/I-10 Interchange Project Study Report ' • • • • — ......_ ._..__......... City of Palm Desert,Cook Street Improvements • • ® j _.._........................................................__...._......................................................._..---...............................................................;........................_,._...............................;............._ ................ -- t City of Palm Desert,Synchro Traffic Model and Traffic III • � • .......... Coordination for highway 111 Corridor Cityof Indio Madison Avenue Bridge and Corridor Improvements g ® • Valley Sanitary District,On-Call and Sewer Collection System • • • • • i • ReplacementProgram ...............__....___..__......................._.__.__...._._....._._........._......__. ..........__.. ...... ___._. _. .............. I ................ .._... _.- Riverside County Flood Control and Water Conservation District, On-Call ......... _-__-.............................._._.._-.............................................._...-_._................................._ .................................. _ __..... _ _._........._......... ................ .....__._.I...._..............._.. ......_.._....... City of Temecula,Pavement Rehabilitation • • City of National City,On-Call • • • • • • • • • • City of Del Mar,On-Call • • ® • ® ®._. ..._®..... 1 .._®_... _....._...._............_�_.__.._.... .....................-................__...._................_....._.................. ....................._................._....._._............._._.. ._._........_ _ ....... ..._. - City of San Diego,On-Call ........................ _ ...._............._.............._.__.......__....................._.................. _ ...... •.........:...._• .._•._.............• • • ...•_-. ...................... .............✓ •-- . • ..... City of Fullerton,On-Call • • • • • . ....................................._...._....._..............................................................................................................;.................................................. .._............................................ ...... ...... City of Anaheim,On-Call •..... .............. ............._•......... ................ i........._._.........._`..._ ...._.. ............................................................................_................_........................................................................................................................._._....._... ..... .......... ..... City of Cypress,On-Call • • • • • 1 City of Coronado,On-Call • • • • • [ • • • • t........................................_..................._..........................................................................................................._......................._..................................:........................................................._..._....................................:..........................:........__............................................._................._.........._.._.............._.:..........._._.:................. Section A: Firm Qualifications,Project Team,Experience,and Background M 5 A.4 List the name,qualifications and Contract Manager Ehab Gerges,PE will serve as the City's single point-of- availability of the key staff/team contact and manage task orders across all disciplines.Ehab will maintain members that will be assigned to this contact with the City to keep the pulse on upcoming projects.IIe will project.Provide detailed qualifications coordinate with the appropriate project managers to prepare scope,fee,and the of the lead Representative or Project Manager that will be assigned to this team for each task order.His leadership will maximize the number of projects project. delivered,alleviate City staff workload,and ultimately improve standards. Ehab's experience with the Coachella Valley region gives our team an in-depth understanding of the geographical challenges and community preferences that will shape your program.He will leverage his relationships with local agencies to efficiently progress projects.With Ehab's investment comes the commitment to quality.He has already started identifying areas where the Harris team can bring added value to Palm Springs,particularly with regard to engagement with the community and minimizing public impacts.The City will benefit from an exceptionally communicative contract manager,who understands that flexibility and responsiveness are the most important attributes to managing a successful on-call contract. Ehab will be supported by technical leads:Jason Caprio for sewer projects, Elizabeth Reyes for drainage projects,Vijay Pulijal for asset management projects and Chris Mielke for Roadway projects.Their collaborative working style,efficient and cohesive communication,and creative design methodologies will result in cost and time savings on your program. The table below presents a list of our key staff and a summary of their qualifications: Key Personnel_ Qualifications _ Ehab Gerges,PE City of Palm Springs 2018-2019 Pavement Management Contract Manager Program(PMP)Update. City of Palm Springs,Sonora Road Storm Drain City of Palm Springs,Demuth ParkADAAccess _...._......................................................................:..._ ...........................__._.-..............._.__...._.........._................___..........__._._..........._._-..................... Jason Caprio,PE,PMP I City of National City,Paradise Creek Sewer Main Project Manager-Sewer 1 City of Del Mar,Group 1 Sewer Design City of Del Mar,Emergency Sewer Improvements ..-_...................._......_.._.._.... ......._....;...............-._........._................................_............_.__. ..........................._._.._......._...._..........._......_._.._..__..__...-----. Elizabeth Reyes,PE, s City of Palm Springs,Sonora Road Storm Drain QSD Project Manager- City of Palm Springs,Pasatiempo Road and Farrell Drive ; Drainage Drainage Improvements City of Palm Desert,Portola Avenue Country Club Drive and Cook Street Storm Drain Improvements __...._...........-...................._._.......__........._........................................._..__..........._.............._............_..__.._...................__...._...._.._....._........._............._.. ..._.__................_...-..._............... Chris Mielke,PE,QSD City of Palm Springs,Demuth Park ADAAccess Project Manager— City of Los Angeles,7th Street Streetscape Roadway City of South Gate,Firestone Boulevard and Otis Street Improvements and Imperial Highway Median Improvements _ Vijay Pulijal I Project City of Palm Springs,2018-2019 PMP Update Manager-Asset ' City of Beverly Hills,2009 PMP Update Management City of Coronado,Pavement Management System Training/PMP Application Training Availability Our team members will be available to complete task orders that arise during the contract time period. 60 Harris&Associates,Inc. Organizational Chart o • Randall Berry,PE Ehab.Gerges,"PE� Project Manager Project Managers . Project Manager Vijay Pulijal,PE Oke Duarte,PE Chris Mielke,PE,Qso.? Elizabeth Reyes,PE,Qso Jason Caprio;PE,PMP 4 GaryYagadePE - Gait Masutani PE,PhD Design Engineer ; Marc Gallardo,PE Design Engineer Design'Engineer Alyssa Kumnoonsate,PE .' Johnny Ortega Ayon EIT ®o— -Services, , nagem . . • Construction Manager ;Staff Augmentation/General Environmental Scott Giariinni,PE,QsD Cindy Hackett Ryan Bin ns,ENv sP Inspection Miscellaneous Facilities Surveying Ralph Roberts Matt Nethercutt KDM Meridian 'Jules,Feher. The Alturn roup Facilities'Ma'nager Lara Jennings,PE,ccM �EEU Mechanical/Electrical/Communications P2S Inc. Scheduling Albert Mata Architecture _ Jeff Katz Architecture,(JKA) . Geotechnical LOR Geotechnical(LOR) Water Quality CWEIII Section A: Firm Qualifications,Project Team,Experience,and Background 7 Ehab Geres, P CONTRACT MANAGER { Ehab has over'25 years of professional experience in public works design.He has managed and designed a wide variety of public works projects including sewer and water improvements,storm drains,site development,pavement rehabilitation,and street widening. , He has also been responsible for the preparation of studies and master plan reports for ' c water,drainage,and sewer infrastructure.Ehab's experience also encompasses municipal - engineering where he served on assignments helping public agencies in the preparation of EDUCATION request for proposals,consultant selection,contract negotiations,the NPDES and other BS,Civil Engineering permits'processing,infrastructure studies and bidding,inspection,and construction management for several capital improvements projects. REGISTRATION Ehab's experience with the Coachella Valley region gives our team an in-depth professional Civil Engineer,CA understanding of the geographical challenges and community preferences.He will leverage his relationships with local agencies to enhance stakeholder engagement and secure buy-in. RELEVANT EXPERIENCE • City of Palm Springs,2018-2019 Pavement Management Program (PMP) Update. Project Director. • City of Palm Springs,Indian Canyon Drive Widening and UPRR Bridge Replacement. Project Director. • City of Palm Springs,Demuth Park ADA Access. Project Director. • City of Palm Springs, Calle Santa Cruz and Sonora Road Storm Drain. Project Director. • City of Palm Springs, Pasaliempo Road and Farrell Drive Drainage Improvements. Project Director. • City of Palm Springs,2014 Roadway and Sign Assessment Inventory. Project Director. • City of Palm Springs, Tract No. 13257 Sewer Improvements.Project Director. • City of Palm Springs,Ramon Road Improvements. Project Director. • City of Indio,Madison Avenue Bridge and Corridor Improvements. Project Manager. ® City of Palm Desert,Portola Avenue Country Club Drive and Cook Street Storm Drain and Traffic Signal. Project Manager. • City of Palm Desert, Cook Street Improvement. Project Manager. • City of Palm Desert, Synchro Traffic Model and Traffic Coordination for the Highway 111 Corridor. Project Manager. • City of Cathedral City,Ramon Road-Date Palm to East City Limits.Project Manager. • City of Cathedral City,Ramon Road Commercial Corridor Enhancements. Project Manager. • City of Cathedral City,Da Vall/I-10 Interchange Project Study Report.Assistant Project Manager. • City of Cathedral City,Ramon Road Commercial Corridor Drainage Plan. Project Director. • Valley Sanitary District, Collection System Infrastructure. Program Manager. • City of Coachella, Various Street Rehabilitation Projects. Project Manager. 8 IM Harris&Associates,Inc. Jason Ca rio, P , PMP PROJECT MANAGER-SEINER Jason has over 14 years of experience performing engineering design,construction,and project management and administration of water infrastructure projects.His primary experience lies with design and construction of capital infrastructure projects for small and large cities, water districts,sanitation districts,and private water purveyors.Jason's responsibilities and past projects involve water transmission pipelines,water distribution pipelines,water storage facilities,water treatment plants,sewer mains,wastewater treatments plants,storm drains, EDUCATION roadway and streetscape improvements,and ADA compliance. BS,Civil Engineering RELEVANT EXPERIENCE REGISTRATION • City of National City,Paradise Creek Sewer Main.Project Manager.Jason is managing Professional Civil Engineer,CA design of an 8-inch sewer line along Paradise Creek,from West 19th Street to West 22nd Street.The first section of the sewer line is approximately 365 linear feet and will be CERTIFICATIONS rehabilitated by slip-lining.The second section is approximately 980 feet in length and will Project Management be a new sewer main from the existing manhole at Paradise Creek to 22nd Street. Institute,Project City of Del Mar,Group 1 Sewer Design.Project Manager.Jason is providing design services Management Professional for the Group 1 Sewer projects,as identified in prioritized Citywide CCTV program.$2 million project involved preparing PS&E of prioritized citywide sewer infrastructure identified with recent CCTV sewer inspection and assessment work also performed by Harris.Design included open-cut replacement of 5,200 LF'of defective sewer main pipelines;trenchless rehabilitation of 2,300 LF of sewer main;points repairs of four sewers; rehabilitation of 205 LF of water main,numerous sewer manholes,and sewer lateral connections;and decommissioning of a sewer lift station.Responsible for engineering and . design support during construction,including scope development with the City,locating affected utilities,utility coordination with owners'representatives,site visits,private property owner outreach,and utilization of in-house construction managers. • City of Del Mar,Emergency Sewer Improvements.Project Manager/Project Engineer.This project includes engineering and design for emergency sewer improvements,including the Santa Fe Avenue Sewer Forcemain Piping and Vault Modifications project and the Alleyway at 28th Street and Coast Boulevard at 22nd Street Sewer Improvements project.Jason coordinated with subsurface utility locating and CCTV subconsultant firms,emergency- level scope development and prioritization with the City,utility coordination with owners' representatives,site visits,and coordination with the on-call contractor(hybrid design-build approach).The project included planning,below-grade investigations,sewer forcemain piping modifications,sewer bypass planning,concrete vault modifications and improvements,design of new sewer mains(various diameters),and rehabilitation of sewer mains and manholes. • Orion Construction(City of San Diego),16-inch and Larger CI Water Main and Sewer Replacement Group A.Project Manager. The Project is being performed alongside our partners Orion Construction as a design-build delivery consisting of design and replacement of approximately 6,800 linear feet of 8-, 10-,12-,16-,and 18-inch diameter cast iron(Cl) and asbestos cement(AC)water pipeline and replacement of approximately 1,400 linear feet of 6-,8-, 12-,and 15-inch diameter concrete pipe(CP)and vitrified clay(VC)sewer main. Our Work includes preliminary investigation,utility coordination,field reviews and data gathering,30%/60%/100%design drawings,-permitting and coordination with agencies and stakeholders,and engineering support during construction. Section A: Firm Quatifications,Project Team,Experience,and Background rM 9 Elizabeth Reyes, PE, Q5® PROJECT MANAGER-DRAINAGE Elizabeth has over 16 years of experience as a project manager and engineer.She has been W, responsible for a variety of projects including design,hydrology and hydraulics analysis, f and preparation of PS&E for sewer,street,airport,and flood control projects.Nearly all of Elizabeth's work has been for public agencies so she is familiar with the Greenbook and other public works standards.Elizabeth implements practical approaches to projects _..._ based on her understanding of utilities,traffic impacts,equipment set-up,trenching, EDUCATION and variations in pipe size and depth.She specializes in the development and execution BS,Civil Engineering of hydraulic modeling software and understands the need for flexibility in its set-up or reconfiguration in order to mitigate challenges.This experience enables her to evaluate the REGISTRATION size of existing facilities and provide recommendations for rehabilitation methods. Professional Civil Engineer,CA RELEVANT EXPERIENCE CERTIFICATIONS • City of Palm Springs, Calle Santa Cruz and Sonora Road Storm Drain. Project Qualified SWPPP Developer/ Manager.Harris designed a new catch basin in the street to address nuisance water that Practitioner outlet via a spillway into a basin in an open field of unused area on the Palm Spring Airport property.The project required design of a new maintenance access ramp into the basin and access road/driveway with pipe gate from Ramon Road,which also doubled as an emergency overflow spillway back into Ramon Road should the basin become filled to capacity.A complete set of PS&E documents were prepared for the city's use in obtaining bids. • City of Palm Springs,Pasatiempo Road and Farrell Drive Drainage Improvements. Project Manager.Elizabeth designed drainage improvements to prevent water ponding in the streets along Pasatiempo Road and Farrel Drive.The design required the reconstruction of portions of Farrell Drive where the street crown and gutter were noted to have sank. City of Palm Desert,Portola Avenue Country Club Drive and Cook Street Storm Drain Improvements. Project Designer.The project included storm drain improvements through analysis and assessment of the adequacy of the existing systems. Reviewed City's 1993 Master Plan of Drainage,hydrology and pertinent drainage studies using the Riverside County Flood Control and Water Conservation District's Hydrology Manual prepared for existing Portola Avenue Storm Drain System Phase I,improvement plans and associated drainage studies for developments constructed since 1937,and City's drainage ordinances.Elizabeth performed an updated hydrology and hydraulic analysis for the existing system for ten-,24-,and 100-year storm events to evaluate available capacity of the existing storm drain system. • City of Anaheim,Ball Road Storm Drain Low Flow Diversion. Project Manager.The diversion project began as an offshoot from the originally contemplated Ball Road Sanitary Sewer and Storm Drain Improvements/Citywide Sanitary Sewer Program, Project Group 6.Proposition 1 funding is driving this project to divert runoff from Ball Road at Western Avenue to a detention (flood protection) and retention(water quality and conservation)system to the adjacent Orange County Transportation Authority Railroad right-of-way.The goal is to reduce the flow of contaminated runoff into Carbon Creek downstream while recharging the local groundwater basin. 10 Harris&Associates,Inc. Vijay Pulijal, PE - PROJECT MANAGER-ASSET MANAGEMENT Vijay Pulijal's projects have included pavement condition surveying,signs inspections,legends 33 and markings surveying,and condition assessments,budget analysis for maintenance and operations of asphalt pavement structures,and report generation.He has managed over 80 PMP projects and over 5,000 centerline miles,and has earned a reputation for his attention to detail and quality control.As one of MTC's preferred consultants,he is actively involved with �- the StreetSaver'software development team and has been recently awarded as a`Power User'by EDUCATION MTC.His prior experience was with MTC in Oakland,where he provided a variety of services MS,Engineering Technology related to the MTC software,including program beta testing,StreetSaver'software development, BS,Civil Engineering GIS applications,and PMP Users'Nleeting coordination. RELEVANT EXPERIENCE REGISTRATION Professional Civil Engineer,CA • City of Palm Springs,2018-2019 Pavement Management Program(PAIP) Update.Project Manager.Vijay conducted and managed a pavement condition survey of the City's entire CERTIFICATIONS street network of approximately 250 center line miles,and an inventory and condition assessment of all warning and regulatory signs and prepared a report of findings and StreetSaver°Rater recommendations for presentation to the Cit council and the City's Measure J task force. Certification Program • City of Beverly Hills,2009 Pavement Management Program (PAIP) Update.Project Manager.Harris performed a field survey of 50%of arterials/collectors and 25% of residential streets identified by the City.vijay updated Paver database with the inspections,maintenance&rehabilitation data,recent unit costs.Vijay set up meetings with the City staff,created inspection databases for the field crew,supervised staff, provided quality assurance,provided field&application training and prepared analyses and reports. • City of Coronado,Pavement Management System Training/PMP Application Training. Project Engineer.Vijay set up the City's first pavement management program.He conducted two-day StreetSaver'training including data entry functions,database calculations,and custom report generation and graphs.Because of the thorough training Vijay supplied,the City was able to provide its own pavement management inspections in-house. • City of Simi Valley,PMP Update. Project Engineer.Vijay preformed pavement condition inspections of the entire network of 350 centerline miles.He updated newly created StreetSaver'database with the inspections,maintenance,and rehabilitation data; provided extensive two-day training of City staff;integrated GIS street shape file with StreetSaver'program and created a presentation for City staff to present to City Council. • Mountain House Community Services District,2012,2 01 312 01 4,and 201412015 Pavement Management Program(PMP) Update.Project Manager.The project included pavement condition inspection for the entire pavement network,calculating condition assessments according to MTCs Pavement Condition Index(PCI)Distress Identification Manual for each pavement segment,testing various budgets against pavement condition performance,and generating a final report summarizing our methodologies, recommendations and findings.Vijay's responsibilities included setting up meetings with the assistant engineer,creating an inspection databases for the field crew,supervising staff,providing quality assurance,and preparing analyses and reports.He also stayed in regular contact with City staff to be certain the City's needs were being met.Vijay also trained District staff in using and updating the database. Section A: firm Qualifications,Project Team,Experience,and Background 13 11 Chris Mietke, PE, QSD PROJECT MANAGER-ROADWAY , i� E Chris Mielke will use his 11 years of experience to take the lead on overseeing all aspects of the utility coordination process.In addition to sidewalk repair and pavement preservation, 3 he is experienced in designing water quality enhancements and hydrologic/hydraulic: analyses for roadway projects.He has worked with over 35 public agencies,including several R in the County of Los Angeles.His attention to detail and proactive approach will help identify the location of active utilities and confirm that curb ramps are ADA compliant. EDUCATION BS,Civil Engineering RELEVANT EXPERIENCE City of Palm Springs,Demuth Park ADA Access. Project Engineer. Harris provided REGISTRATION design services for ADA access improvements in Demuth Park as part of our on-call Professional Civil Engineer,CA contract with the City.The 60-acre Demuth Park is the largest developed park in the City of Palm Springs.Park facilities include tennis courts,baseball/softball diamonds,batting CERTIFICATIONS cages,picnic areas,bicycle trails,multi-purpose fields for active sports,golf course and Qualified SWPPP Developer/ the Demuth Community Center. Practitioner • City of Los Angeles, 7th Street Streetscape.Deputy Project Manager.Harris is providing planning,pre-design,and design services for improvements to 7th Street from the 110 Freeway on the west to Alameda Street on the east.This significant project will improve the pedestrian experience,bicycling connectivity,and the transit experience for riders and operators. • City of South Gate,Firestone Boulevard and Otis Street Improvements and Imperial Highway Median Improvements.Senior Project Engineer.Segments of this project required traffic safety and capacity improvements through construction of a dedicated right-turn lane;dedicated student pick-up and drop-off pocket;signing and striping; installation of video detection equipment;raised center median island;landscaped medians with hardscape,drought-resistance plants,irrigation system,and lighting system. • City of South Gate, Garfield Avenue and Imperial Highway Street Rehabilitation. Senior Project Engineer.Improvements included roadway rehabilitation,removal and replacement of damaged Portland cement concrete improvements,and reconstruction of access ramps to current ADA standards. City of Irvine, University Drive IVidening Improvements.Project Engineer.Similar project elements included new pavement,intersection improvements,driveway improvements on a major arterial road.There was work on turn pockets,curb and gutters,ADA ramps,and sidewalk. City of La Mirada,Santa Gertrudes Avenue Wall and Parkway Improvements (Alicante Road to Rosecrans Avenue). Project Manager.Removed failing easterly wall and sidewalk,installed permanent streetlight poles/lighting system,and performed landscaping.Project created safer,smoother ADA-compliant pedestrian path of travel. • City of Yorba Linda,Annual Parking Lot Rehabilitation and ADA Improvement Projects. Project Engineer.Prepared PS&E for a new state-of-the-art parking lot to serve all over flow parking for the historical downtown Main Street Area. Improvements included brick parer pavement,curb,gutter,sidewalk,ADA curb ramps, landscaping,irrigation,lighting,and water quality features. 12 El Harris&Associates,Inc. A.5 Indicate the name of any sub- SUbconsultants consultant firms that will be utilized to make up your team.Describe each sub- We have selected a number of subconsultants to supplement our team for consultant's background and specific expertise that they bring to this project, the projects that the City is looking to accomplish during this contract.Our subconsultants are experts in their fields and will provide expertise to increase the value our team is able to provide to the City.Please read more about their expertise below: KDM Meridian (KDM)—Surveying KDM Meridian is a professional Land Surveying consulting firm specializing in GPS,LiDAR scanning,conventional land surveying,and map checking.KDM specialize in work for local,regional,state,and federal agencies.With three- quarters of KDM's current projects related to public works improvement,they have a complete understanding of the objectives and needs of agency clients.KDM typically fields two survey crews on a regular basis to perform conventional,GPS, and LiDAR land surveying.However they are able to provide up to four two- person crews when a project may require it.KDM also provides boundary,right- of-way,and topographic surveying and mapping,as well as construction staking, legal descriptions,and related land development functions. The Altum Group—Surveying The Altum Group will preform survey and mapping for this contract.They are able to conduct the entire spectrum of surveying services from legal description interpretation,boundary retracement and establishment to development and design services,including photogrammetry control topography,construction staking,layouts,as-builts,and monitoring.Their licensed surveyors(PLS) oversee the field and office personnel in the process of field information and data collection,data processing,datum analysis,and adjustments and coordinate the surveying and mapping with in-house planning and engineering staff to promote efficiency in the work effort.They also supervise the preparation of Tract and Parcel Maps,Records of Survey,ALTA/ACSM Land Title Surveys, Lot Line Adjustments,Parcel Mergers,Legal Descriptions,Plats,Topographic Surveys,and a variety of custom exhibits and constraint snaps to meet the design,development,and legal needs of the client. P2S Inc.—Mechanical/Electrical/Communications P2S has brought innovative and sustainable engineering solutions to Southern California clients and beyond.From mechanical,electrical and plumbing design to technology,construction management and commissioning services,they take a holistic,performance-based approach to the projects they undertake.This allows them to mobilize quickly on the innovative solutions that they devise. P2S's team of 180+engineers and technical staff has designed systems for almost every kind of structure and facility,including community centers and civic buildings;transit centers,parking lots and parking structures;parks,streets and walkways;commercial and retail spaces.They have on-staff experts in interior and exterior lighting and controls,as well as the efficient design of restrooms and other high-use spaces.Their municipal designs make effective use of project footprints and satisfy the needs of the cities they work with. Section A: Firm Qualifications,Project Team,Experience,and Background 0 13 Jeff Katz Architecture (JKA)—Architecture JKA will provide their expertise in architectural design.They focus their work on finding architectural solutions to the functional,human and economic needs of the client projects they work on.Their focus on people and functionality of space helps them create spaces that can be enjoyed by the public for many years into the future.They have worked on a plethora of high-use projects for public safety,military,entertainment facilities and parks+recreation including libraries,fire stations,police stations,municipal operations facilities,parking structures,water parks,facilities at Sea World and many others.JKA takes into consideration the landscape and needs of the area in which they design and incorporate their findings into the design of the facility. LOR Geotechnica(Group (LOR)—Geotechnical LOR will provide geotechnical services for any projects that the Harris team works on for the City.All of LOR's field staff and personnel that will work on Palm Springs projects have worked for LOR for over I2-years,providing a deep knowledge and expertise to the City's projects.With their office in nearby Riverside,LOR is able to respond quickly to project needs. LOR has provided geotechnical services to several local Public Works and Capital Projects Departments within the last five years including:City of Big Bear Lake, Indio,Moreno Valley,Perris,Riverside,Santa Monica,Yucaipa,and we have also provided our services to the Counties of Riverside and San Bernardino. CWE—Water Quality CWE brings the knowledge,creativity,and mastery,to deliver solutions on a wide range of storm drain projects with the purpose of repairing,replacing,and enhancing piping infrastructure through design and hydrology and hydraulic calculations to enhance our local communities.CWF.,staff has provided services on over 250 storm drain projects for public agencies,totaling over 500 miles of drainage design,as well as hydrologic and hydraulic modeling.CWE was started in 2006 when CWE's Principals are former managing civil engineers for the Los Angeles County Department of Public Works and Flood Control District. In their dealings with engineering consultants,they noticed a gap in the market for reliable professionals to provide innovative,cost-effective solutions for public agencies facing complex challenges related to the design and construction of drainage infrastructure. 14 M Harris&Associates,Inc. `---^�-^.' sy� z�,��'�'� .�'.' �-� ��a� "� , z- �«� 1 ,� *,.`';x,M m• � `:t yj, Y Y'@ B.1 Describe in detail the steps that PROJECT UNDERSTANDING your firm would follow to provide civil engineering design services, At the May 23rd Joint City Council and Measure J Commission Meeting, including your work plan process and City staff and representatives from the Measure J Commission discussed methodology. recommendations of capital projects to be programmed utilizing scheduled Measure J Fund capital budget from the 2018-19 Fiscal Year and Measure J Fund capital budget proposed in the 2019-20 Fiscal Year.Helping the City"maximize money to get more work done sooner and make people happier"is a top priority. Branded as a"world-class city,"the City deserves world-class infrastructure. Measure J provides a source of local revenue for essential services and projects for the community and excellent progress has been made to date.The following projects will continue to fulfill the City's vision: MEASURE 1 RECOMMENDATIONS f zr 1 Police Department 911-CADJRivLSSystem $ 2,230,000 $ 2,230,000 2 Keyless Entry System-Phase 2 475,000 475,000 3 Main Library Renovations or New construction 1,345,000 1,345,WD 4 Park Restrooms Renovations/Repairs&ADAUpgrades 1,W0,000 1,600,ow 5 Life Safety improvements(Fire Sprinklers/Fire Alarms) 1,900,000 1,900000 6 Emergency Generators Design and Construction 1,SS0,0o0 ISQWD 7 --- Citywide NVAC Water Treatment Program. . 00,0W S Fire Station Neal-DPstgn € ,QtXi D ( 9 Recaeaton Field LED Lighting Upgrade Design 100,000 104000 (! 10, 04wittow park Addit(ona!Set-Aside 2 tX�,QCO � 2 OtXT CND 11: 0,162aTheaterRclsovation t�ign `:1;(M040 �u 12,;MODU IZ 20g1 t Mr.Marcus Fuller,Assistant City Manager,stated that in finalizing the budget,the Finance Department identified additional revenue and a total of $12.2 million for this fiscal year and next.This allows for the consideration of more capital improvement projects.Specifically,there is great emphasis on community projects,parks and park restrooms,streets,emergency work,and facilities.Further,with the Capital Fund and Measure J fund combined,there is $18.8 million projects that are being recommended to program in the upcoming year.There is also an additional$3 million in Measure A and Gas Tax funds. Section B. Understanding Civil Engineering Design Methodology EI 15 i 91 It I� SW $ 13,367,805 $14,993,495 $14,200,000 $14,910,000 $15,506,400 $16,126,700 Measure!Revenues $20 .._._.m. .� - _�__ _- - - ._._ ......_._.... . i= I k12D3 M718 ODOM tY ti18 9, FY1f129 4 FYXf71R Pf 92#I The City is experiencing more revenue than initially projected,allowing for the consideration of additional capital improvement projects. Harris is committed to partnering with the City to deliver this work.We offer a team that is responsive,resourceful,experienced,already familiar with your systems,process and procedures and integrated with your staff. WORK PLAN PROCESS AND METHODOLOGY Our Big Picture Recipe for Successfully Implementing Civil Engineering Design Services Harris understands that partnering with the City always benefits from a clear understanding of the project before the detailed steps are developed. We will intentionally lay out a road map for each task order. It is one of the most critical steps in the planning phase;Harris firmly believes that communicating early and often is another essential ingredient for our recipe of successfully executed civil engineering design services. After collaborating with the City regarding a specific Project(via task order The Harris team has an excellent' issuance),Ehab Gerges will select the appropriate Task Order Project Manager record of managing multiple,;, from our team and delineate resources to develop a comprehensive Scope of concurrent project task orders and Work.Ehab will use a robust project tracking process to elevate our team's meeting your as-needed tasks/ . pro j y ect schedules and sta m ability to provide timely and transparent status updates to City staff.The g within budget.'.., City-provided Project Schedule can have a significant impact on planning for staffing roles,responsibilities,and time commitments.We identify project milestones and estimate labor hour requirements for each phase,task,and subtask(as necessary)to determine staffing arrangements to complete the Work in accordance with the Project Schedule.The Resource Plans are broken down by specific personnel and by discipline,to determine overall project needs.Ehab will secure these staffing commitments from those hand-picked to support the City's task orders.We will combine this with our weekly project planning,monitoring,and reporting procedures such as our Time Phased Backlog and Three-Month Look Ahead Schedule to make sure that each task order has been assigned adequate resources to meet the Project Schedule. The bottom line is that Harris is confident we can provide the City with experienced,qualified,and knowledgeable teams to meet the needs of your . projects and exceed your expectations. 16 M Harris&Associates,Inc. Stakeholder Coordination and Communication Harris understands he number of Palm Springs has an active citizen base and projects are typically highly visible events hosted in Palm Springs and and impactful.Residents want to be involved in making a difference in the will develop solutions to minimize places where they live.The slogan"the people are the city"is proudly displayed impacts to these events. on the outside of City Hall and that phrase is important to recognize when delivering successful projects.Your projects'success relies on our ability to bring together the diverse needs of many,including City staff and council,One- PS,neighborhoods,workers,businesses,visitors,and a variety of stakeholders. Our approach to engagement will go beyond communicating`just the facts'— we will partner with City resources to help all stakeholders understand the role they play in the project. Harris'established communication process will allow us to be predictive in our approach,which is essential on such a highly visible program.Internalizing good communication strategies as part of the project culture will keep stakeholders engaged,project teams motivated,and help the City develop early solutions to minimize risk. Festival of Lights Parade,a beloved Palm springs Event attracts thousands of people Your projects involve a large number of stakeholders including Desert Water Agency,Southern California Edison,The Gas Company,Frontier SPECIAL'EVEINTS Communications,Spectrum,etc.The Harris team will act as a conduit of CONTINUE TO GROW! information between project stakeholders.We will balance technical and funding P'aiin Springs Events by ttre"numbers constraints with community expectations to find the"sweet spot"that will make the City's projects successful.Ehab and our team understand the level of clarity 135;000+ and detail required from each of the different stakeholders and will tailor our Palm Sp rings International Film Festival approach to their unique concerns.Gaining the trust of each stakeholder and 135 000 maintaining regular contact with them allows us to identify and respond to Greater'Patm Springs PRIDE. . potential challenges and conflicts in a proactive manner. 126000 Modernism Week 43,400 AmDoc Film NoirlCinema'Diverse,Short Fest 30,000 Splash House �. 10;000 McCormick's Classic Car Auction 5'000� 1 , Club Skirs Presents:The DINAH a a 50,00,0 White Party 7:000 Tour dePalm Springs Downtown Public Events-Veterans Day Parade,Parade of Lights,Black History Parade,Pride Parade SWEET SST Section B. Understanding Civil Engineering Design Methodology M 17 o7'7i _ ntr c k>xagement— htas Or er-s Task Order Management— - - - ,� Individual Task Orders Goats: " [ ;Respond rapidly toCity task order requests . ` "and provideexperbse_alignedwithpro�ect, goats Deliver each taskorderto exceed City golk How: ....., -� � /°lam// '��' ;� ��k����4�°`!�,�ev4i '`••— Maintain clear lines of communication for the task orderassignment process s y / 6 ;� i , Employ proven task order delivery (,�A ��� I processes and procedures foryou rprojects € Goats: How: Promote transparency andaccountability Iniplementa contract communicationptan "� l iri�mbnagingcontract to understand the needs of the City and how Partnerto manage and staff multiple Ha rris ca n ass'st g taskorders.' - Utiliaerobustcontractmanegementand ,- j reportingtechnotogytool Our Tactical Approach to Providing Civil Engineering Design Services(Task Orders) We have envisioned a task order,potentially a street 12.Develop an Outreach Communication Plan(Public, improvement task order through Measure J as a locally Community,Utilities,and Other Stakeholders) funded example,and have outlined or summarized key 13.Application and Submission of Environmental opportunities and vital steps along the way: Document(s)and Permits 1. Brainstorming with the City and identification of 14.Complete Final Construction Contract Documents objectives and the`end game' (Issued for Bid) 2. Development of Project Description and Scope of Work 15.Bid Phase Services 3. Development of Detailed Work Breakdown Structure a. Pre-Bidding Conference,Agenda,and Meeting Minutes 4. Development of Project Schedule and Order of b. Addenda(RFIs and Responses) Magnitude Opinion of Probable Cost c. Bid Review,Analysis,and Recommendations(may 5. Performance and production of Topographic Survey include Staff Report support) 6. Preliminary investigation and research 16.Engineering Services During Construction a. As-built and Record Drawing Collections a. Pre-Construction Conference,Agenda,and b. Utility Coordination and Outreach Meeting Minutes c. Field Reviews and Data Gatherings b. RFIs and Responses d. Base Mapping c. Submittals e. Geotechnical Investigation and Reporting d. Progress Pay Estimates and Payments 7. Preliminary Design Drawings e. Change Order Support f. Record Drawings 8. Identification of Right-of-I-Vay Clearances and Issues, g, Contract Close-Out Potential Property Acquisitions (if any) Although there is a`method'to civil engineering design 9. Identification of Permits(if any) services,we also want to fully consider the uniqueness 10.Environmental Permitting and Compliance Obligations of each of the City's projects and recognize that a one- (CEQA) size-fits-all approach is not always the best,including the 11.60%to 100%Design Deliverable(s) value we place on innovation,creativity,and having a true a. Develop and Refine Design Drawings heart for problem solving. For these reasons,we certainly b. Develop Front-End Documents want to demonstrate our thorough understanding of the c. Develop Technical Specifications "Big Picture Recipe",while also balancing and navigating d. Develop Engineer's Opinion of Probable challenges that we address with very specific and Construction Cost(EOPCC) individualized solutions. 18 El Harris&Associates,Inc. 8.2 Identify your ability to ensure that Keeping Projects within Budget projects are designed within your client's budget and the measures taken in For many years,challenges with the local government and State funding and successfully completing all phases of a project. economic recessions hampered the City's ability to deliver and maintain essential services that the community so deserved. However,in the summer of 2011,the City of Palm Springs'City Council unanimously agreed to seek voter approval for a one cent sales tax that was to be used for neighborhood street improvements, revitalizing the City's downtown district,and enhancement and maintenance projects for parks,trails,and other quality of life improvements. With its approval on the November 201.1 ballot,Measure J is a dedicated local revenue source that is independently audited on an annual basis and made available to the public for transparency.Harris recognizes the City's sense of duty to its constituents and understands the need to be good stewards of the planned more than$28 million (over the next four years)resulting from the highly successful Measure J initiative. With Harris'admitted sensitivity to funding constraints,we want to partner with the City to develop and strategize to ensure the planning,design,bidding, and construction phase services are all within the City's financial framework of obligations and responsibilities. BUDGET ESTIMATION/RECENT BIDS FOR SIMILAR PROJECTS In the last five years,the City has improved their local roadways by utilizing nearly$14 million in Measure J funds. With this and the many construction contracts executed,very reasonable budget estimation can be performed to confirm proper boundaries and realistic expectations for the desired improvements.Each completed project can be evaluated for contractual ambiguities,unforeseen challenges,RFIs,change orders,and other lessons learned that can protect and defend the City's budget at each phase of the project. CREATIVITY AND ARRANGEMENT IN BID FORMS Measurement and payment clauses within the City's Construction Contract Documents(front-end documents and technical specifications)are another opportunity for Harris to deliver a level of scalability when it comes to receipt and execution of public bids. The Bid Form,usually Section 004100 in CSI format,must be consistent with the measurement and payment clauses,but when selected,unit quantities do allow for a simpler,clearer increase or decrease in the construction contract in response to City funding limitations. VALUE ENGINEERING Value Engineering is defined as a systematic method to improve the"value"of engineering services by using an examination of function.Therefore,Harris can improve value by improving intended function or decreasing cost.In the spirit of constantly improving,a thirst for engineering knowledge,and being mindful of our clients'budgets,our engineering services teams and program management and construction management(PMCM)teams,have joined forces during design phase services in an effort to produce a value engineering benefit and to become better engineers,designers,and client advocates. Section B. Understanding Civil Engineering Design Methodology 0 19 13.3 identify project management tools Project Management Tools you propose to use to keep both your own staff on track and the City staff Harris uses Deltek Vision to monitor design budgets,record time,expense job cognizant of current project status. costing,and provide our project managers with project cost accounting in real time.Deltek tracks and provides daily,weekly,and monthly labor summaries, which are shown by task.Contract Manager Ehab Gerges and our Task Order Project Managers can readily access information on the individuals who have charged to the task,the number of hours they have charged,the total dollar value of the labor charged against the task,and the remaining budget available. Monthly summaries,which provide labor and non-labor charges by task for each billing period,are the basis of preparing monthly invoices.To monitor schedule versus budget,we employ an earned value.tracking application called iAccess(integrated with Deltek Vision)to identify progress based on expenditures.This management tool will be used by Ehab Gerges to monitor each task order. Power BI is a business analytics tool that lets us easily connect to our data sources(like Excel and SQL),visualize(or discover) what's important,and share the information with the appropriate team members and stakeholders.With Power BI,we can connect to hundreds of data sources and bring project data to life with live dashboards and reports. We have implemented companywide the"Project Manager's Best Friend Report",a new project management tool built in PowerBI to help project managers better monitor the welfare and performance of their projects.This interactive report is connected to live data and updates in real time,improving the decision making process at all levels.Project managers also use this 3 reporting tool to view and improve key performance measures(KPMs). CONTRACT MANAGEMENT AND REPORTING Sample of Harris'Project Dashboards City of5anDiego,As-Needed Construction Management Services Task Order 24,Remaining Small --Contract Number H166593 Diameter Cast iron Water Phase I ttodgetand - EBortsnd <oniract5urrrnary._ Task order,Furacast Subtnnsoitac?rs Suficunsuftat3hs - - £'x2l`upa OK%ffl^Q£i�wH R wv.,'xt 0G.44."e}ukm+S t_ Q#C, _ 9W.01r.WOW.,vvcz-h, $<+d Saa iota s Z. _ "I ;Ytbu rl SiSb � €"Y SM 1 .elX f 5 IIIjIIIj � n3 i€ �.zs f$(tyf L t s S:H r fcra s:an ... Ehab will use Deltek Vision to monitor the status of task orders and the overall contract,and help us develop more transparent reports to manage the increasing number of task orders.We also use Excel and Power BI to analyze this information.As shown below on an on-call contract for the City of San Diego, overall project and task order dashboards track actual(ACT),estimate to complete (ETC),and estimate at completion(EAC)expenditures/effort,and subconsultants' participation,against contract and task order budgets,and help Ehab identify areas where task modifications are required early enough in advance. 20 M Harris&Associates,Inc. MASTER SCHEDULE Time Phased Backlog All project schedules are consolidated into a master Target schedule with identified milestones and labor hour Avalla to Capacity Capacity requirements to determine staffing levels for all projects. The staffing levels are broken down by specific personnel and by discipline. Maintaining the master schedule is important in determining whether the tasks/projects are on schedule and within budget.This process includes identification of actual time and costs accrued on each task/project and accurately reporting the progress of each.This information _ is updated and communicated to the City on a monthly SEPT OCT NOV DEC JAN FEB basis and is reflected in the overall master schedule. We will combine ourstaffing effort with ourreporting procedures such as Variances from the projects'schedules and budgets may our Time Phased Backlog to makesure thoteach projecthas been assigned adequate resources to meet the project schedule. be encountered during the course of any project.These variances could be the result of coordination issues with REPORTING PROGRESS WITH THE CITY utility agencies,obtaining permits or approvals from regulatory agencies,or resolving unforeseen issues during Transparency and clarity are key features in any successful the design process.Variance information is maintained team's process;traditional project reporting,even using and updated in the master schedule.Appropriate a simple ti•Vord document,can bring Harris'team and the corrective action plans are put in place to address any City team into a common alignment that allows everyone variances,placing the tasks/projects back on schedule and to be educated and comfortable with progress and status. flagging shortfalls in staffing resources. Another reason for encouraging monitoring and controlling COMMUNICATION the project is our local funding source.Measure J includes fiscal accountability provisions such as annual independent Clear and consistent communication is essential to financial audits.Even further,the City Council adopted an successfully manage this contract.The increased volume ordinance establishing a Citizen Oversight Commission of work means there are many moving parts to track, who will oversee and monitor all expenditures and audits requiring a Contract Manager who is communicative, of Measure J funds.As a testament to valuing transparency, responsive,engaged,and committed to the goals of the more than 100 Palm Springs residents reportedly applied for City as well as the dollars set aside through Measure J. a position on the Citizen Oversight Commission. Harris>communication plan with Palm Springs staff Harris'instruments and tools will provide a solid allows our team to be agile and proactive and confirm all foundation of communication and team collaboration, project stakeholders are adequately informed and heard. lending to performance of the contract status and metrics. Ehab Gerges will serve as Contract Manager and your An effective and transparent reporting structure allows single point of contact.The City will benefit from a leader information sharing to support decision-making,helping with experience in anticipating challenges in delivering to sustain program stakeholder endorsement.Establishing public works projects—Ehab will be in consistent contact project Key Performance Metrics(KPMs)aligned with with your staff to keep his finger on the pulse of upcoming the City's goals will aid in measuring your on-call civil projects and proactively monitor all staffing levels to engineering design services program's progress(if you verify that qualified resources are available for each task. cannot measure it,you cannot track it).KPMs include: Ehab will work closely with assigned City team members to track contract capacity,listen and understand your • Task Order Schedule Performance needs,swiftly resolve your concerns,and explore ways to o Construction Cost versus Engineer's Opinion of streamline systems. Probable Construction Costs • Percent Design Change Order Percent Construction Change Order Section B. Understanding Civil Engineering Design Methodology M 21 I V V 2=1R 7� WA& u 13.4Identify a design project,carried CITY OF CATHEDRAL CITY'S RAMON ROAD COMMERCIAL out in a desert environment,for which CORRIDOR PROJECT your firm and the staff proposed for this contract provided Civil Engineering (a) Responsiveness and attentiveness to client needs; Design Services,and describe how you applied your firm's skills and abilities in Harris partnered with the City to brainstorm,strategize,cast vision,and the following areas: develop the Ramon Road Commercial Corridor. Throughout the project, (a)Responsiveness and attentiveness to Harris'approach centered on clear and consistent communication,responding client needs; swiftly to the needs of the City and the multiple stakeholders.Harris (b)Creative ability; thoughtfully considered every detail through planning,community outreach, (c)Knowledge and understanding of the permitting,and design. latest construction trends; This was a high profile project that impacted Coachella Valley,specifically, (d)Analytical capability; the cities of Palm Springs and Rancho Mirage and the Agua Caliente Band of (e)Oral and written communication Cahuilla Indians.Harris recognized the importance of these partnerships and skills; the critical need to promote a positive perception of the project and maintain (f)Interaction with client's organization, the City's reputation. i.e.,other divisions and personnel (g)Sensitivity to funding constraints Our attentiveness to the City's needs was further reflected in our ability to serve as their trusted advisor and field questions,ideas,and concerns during our public forums and community presentations.Throughout the development of the conceptual designs,the Harris team attended several public meetings to present developed concepts and solicit public input.Public presentations included business and property owners along the Corridor,Transportation and Safety Commission,Arts Commission,and City Council. We solicited feedback from all stakeholders and were able to pivot and incorporate ideas at nearly each stage and milestone. 22 V, Harris&Associates,Inc. (b) Creative ability; (d)Analytical capability; As envisioned by the City Council,the architectural The project included an analysis for the storm runoff landscape and theme improvements included development flows tributary to Ramon Road from Date Palm Drive to of conceptual designs,mainly to create an`identity' the White Water River.Additionally,the evaluation and Corridor by enhancing visual aesthetics and designing reporting identified flows that were tributary to Ramon to encourage pedestrian activity.llie conceptual designs Road for the 100-,25-, 10-,and 2-year return storm events. developed were inspired by the City's dynamic and growing Harris reviewed existing drainage facilities and developed culture,its civic treasures,integrating public art,and alternatives to improve flood protection along the studied increasing the economic value of the Corridor. portion of Ramon Road,including recommending a strategy to provide flood protection through phased The architectural landscape improvements also emphasized the Ramon Road Bridge as a grand entryway implementation,along with rough order of magnitude to Cathedral City.The developed bridge concepts included construction estimates for each proposed alternative the use of decorative bridge parapet walls,colored systems improvement. concrete pavement/sidewalks,raised medians,palm Construction occurred in multiple phases.The second trees and desert landscaping,and the display of City phase was in the midst of the recession and Harris had monuments and public art. to repackage the project to fit the reduced budget.We Creating a unique aura that enhanced the business had to provide for additive bid items to allow the City the corridor on Ramon Road,while maintaining the unique flexibility to maximize the improvements. characteristics of Cathedral City,was important to the (e) Oral and written communication skills; City.The partnered vision created a harmony between the public enhancement of the business Corridor and the Harris attended,participated in,and/or led public beautification improvements done by private businesses meetings and presentations where oral descriptions, under the Redevelopment Agency program. alternatives,and narratives were necessary to convey the importance of the project.Public presentations (c) Knowledge and understanding of the latest included business and property owners along the construction trends; Corridor,Transportation and Safety Commission,Arts Commission,and Citv Council.Harris represented the The traffic improvements included an analysis of existing City on numerous occasions where clear dialogue and and proposed operations along the corridor and updating effective communication helped support and progress the existing Synchro traffic modeling from Da Vall Drive to San Luis Rey Drive to increase the corridor's efficiency for project.Harris also assisted the City in the preparation of users within the several jurisdictions,and creating a Green a Whitepaper and brochure for the project for the public and regional elected officials in a funding campaign;also Wave starting at I-10 interchange,through Rancho Mirage, in which spirited conversations helped shaped the delivery, Cathedral City,and the Palm Springs. impact,and end-result of the work. The City Master Plan focused on enhancing traffic Harris demonstrated both oral and written communication circulation by removing and/or replacing existing concrete skills through brainstorming sessions,commission forums, sidewalks,pedestrian ramps,concrete crosswalks,raised detailed written reports,technical studies,and analyses, medians,signage,and street lights.The improvements outreach material,pre-design meeting agendas and considered and enhanced public safety within the public right of way,which complimented the architectural minutes,progress updates,clear email correspondence, landscape and theme related to the hardscaping and and invoicing documentation. landscaping of the entire business corridor. Section B. Understanding Civil Engineering Design Methodology Q 23 (f) Interaction with client's organization,i.e.,other divisions and personnel r As the City's trusted advisor,our goal for this project was to protect the City's interests and deliver a design that would benefit the City,the stakeholders,and ' future generations to come.Transparency,clear communication,and accurate p reporting were critical to developing strong relationships with City staff.Harris a, <` frequently met with City staff from all divisions and listened carefully to their needs to understand their different perspectives and objectives.We also met with and solicited feedback from City Council,Planning Commission, -' Architectural committee,Public Arts Commission,Planning Commission,and the Agua Caliente Band of Cahuilla Indians. (g) Sensitivity to funding constraints Our project developed a Corridor Master Plan and rough order of magnitude construction estimates to program the different phases and support the application process for different local,state,and federal funds so we knew how the work would be implemented and paid for. B.5 For the types of potential One of the most common challenges,in our opinion,can come down to projects that were listed in Section 2 preliminary planning and cost estimating. In the spirit of serving,Harris "Background",please comment on issues always wants to deliver the best,most beneficial,and impactful projects to you in your past experience that have come up and how your staff worked with your and your community. However,we have learned from experience that those are client to either avoid or resolve them. often complicated and challenging to price out in the early stages of the work. For example,on drainage projects in our past experience,there can be dewatering operations or divergence and costs that are wildly volatile,driven by means and methods,and generally involve contractor absorbed risk, which again,is very difficult to plan for. One of the solutions we find useful is expectation setting through clear communication. It is not always the most sophisticated resolution,but it is generally the best accepted. In addition to that,Harris does have wonderful construction managers and inspectors who do have access to.many bid summaries and time and material force-account change order experience. These team members are always will be help and offer a well of knowledge for some of the office folks. Another issue we often try to avoid or resolve in street improvements,curb and gutter work,and most of what we'll anticipate coming through the City's Capital Improvement Program is unforeseen utilities. We understand that this requires a systematic approach,upfront research,investigations,data gathering, pre-design physical potholing,and other investments made earlier than during construction. We do however feel that a deeper dive(i.e.more than a general note on the cover sheet requiring the contractor to locate utilities seen and unseen)has a tangible return on investment and also often benefits the project's schedule. Unforeseen utilities can derail progress or the project itself,and Harris feels that one solution is to invest in thorough preliminary investigations and utility locating as a proven means to accurately depict field conditions,as well as a smart risk mitigation strategy. 24 E Harris&Associates,Inc. 7 � y T" • Sr. CA Provide a minimum of three(3) On-Call Civil Engineering Services references for recently completed Civil City of palm Springs Engineering Design Services for projects of a similar size and scope where the key Harris is proud of our long-standing relationship with the City of Palm Springs. personnel identified above provided The City's On-Call contract encompasses a wide spectrum of services,ranging the professional services required.At from civil improvements(roadway,drainage,and safety improvements),asset least two(2)of the.references shall be management(pavement/sign inventory and facilities assessments),facilities for public/government agency projects, preferably in a desert climate.Provide improvements(mechanical and communication),and staff augmentation. contact information,including full name Notable projects include: and a current phone number,for each project identified. 2018-2019 Pavement Management Program(PMP) Update.Harris conducted C.2 For the representative successful and managed a pavement condition survey of the City's entire street network of projects completed,explain what key approximately 250 center line miles,and an inventory and condition assessment of all issues/challenges you faced and how warning and regulatory signs and prepared a report of findings/recommendations for you solved them.Also,please comment on the project budgeting for each. presentation to City council and the City's Measure J task force. Demuth Park ADA Access.Harris provided design services for ADA access improvements in Demuth Park as part of our on-call contract with the City.The 60-acre Demuth Park is the largest developed park in the City of Palm Springs. Park facilities include tennis courts,baseball/softball diamonds,batting cages, picnic areas,bicycle trails,multi-purpose fields for active sports,golf course and the Demuth Community Center. The Harris team evaluated and designed accessible paths,using compacted decomposed granite(DG)or other suitable non-concrete material,from existing sidewalks and parking areas to access the various park facilities and bring the park in compliance with ADA standards. Sonora Road Storm Drain.The Sonora Road storm drain project is located between the Bel Air Greens golf course and approximately 700 feet westerly where there was an existing parkway drain outlet onto Sonora Road.The proposed improvements will intercept existing parkway drain surface flow from the residential Tract 50078 via a new catch basin inlet.Road and convey the flow via a new underground 24-inch HDPE storm drain along Sonora Road east to the Bel Air Greens golf course.Harris obtained the required survey,determined the utility conflicts via research and potholing(going over and under several existing utility crossings)and prepared the PS&E package for the construction of the storm drain improvements. Section C. References and Experience with Projects of Similar Size and Scope M 25 Ramon Road Nuisance Water Retention Basin Improvements.Harris designed a new catch basin in the street to address nuisance water that outlet. via a spillway into a basin in an open field of unused area on the Palm Spring Airport property.The project required design of a new maintenance access ramp into the basin and access road/driveway with pipe gate from Ramon Road, which also doubled as an emergency overflow spillway back into Ramon Road should the basin become filled to capacity.A complete set of PS&E documents v w: were prepared for the city's use in obtaining bids. _ Pasatiempo Road and Farrell Drive Drainage Improvements.Harris Demuth Park designed drainage improvements to prevent water from ponding in the streets along two different flat roadways,namely Pasatiempo Road and Farrell Drive. The design required the reconstruction of portions of Farrell Drive where the street crown and gutter were noted to have sank.The re-profiling of the Farrell Drive curb,gutter and cross gutter in conjunction with some adjacent AC f' pavement reconstruction and mill and fill match-work allowed for an overland solution without the need for any underground piping,which was critical since ' r W, no existing drainage relief system was located nearby.At the Pasatiempo Road knuckle location the persistent ponding condition was remedied by Harris through the installation of a nuisance water intercepting grate inlet and shallow ' connector pipe encased in concrete due to the shallow depth. Sonora Rood Storm Drain Challenges '= Significant Population Growth.The City is experiencing a tremendous 1 amount of growth and as a result,City staff are faced with the challenge of delivering a wide spectrum of projects with limited resources.Harris provided a comprehensive team of professionals to address all of the City's needs,develop the scope and budget,and drive the project schedule. g Responsiveness,flexibility,and taking complete ownership of all of the City's � P Y projects was key to addressing this challenge. ' T Addressing Community Concerns. Palm Springs has an active citizen base and addressing the community and City Council's concerns was a Ramon Road Improvements challenge.Clear and consistent communication with stakeholders was critical to overcoming this challenge.For example,on the 2019 Pavement Management Update,we worked closely with City staff to address City Council and community concerns about pavement conditions.Harris provides communication with residents,utility and city coordination,and utility locating services on projects when needed. • Understanding City Needs.Delivering successful projects in Palm Springs requires a strong understanding of the City's population as it pertains to traffic volumes and coordination with the various stakeholders and City departments.Harris'local presence and track record of delivering projects for the City means that we have developed this area-specific knowledge and we have the relationships to continue delivering projects efficiently for the City. Budgeting Harris has an excellent track record of staying within budget on a majority of the City's tasks. Marcus Fuller,Assistant Public Works Director,760.322.8380 26 M Harris&Associates,Inc. 77 Sewer Collection System and On-Call Limited Resources During the CCTV Investigation.We Valley Sanitary District needed to establish a minimum resource consistency to achieve complete CCTV investigation that was Harris is providing the Valley Sanitary District(VSD) within the acceptable industry range.Harris developed program,design and engineering services as a Program and Design Manager(PADM).The project is a ten-year collection alternatives to address the District's completion of the system infrastructure project to be completed in several collection system's CCTV inspection,based on the phases,with a total construction value of$60 million. District's available resources and acceptable industry standards. Harris is assisting VSD in building its internal capabilities Identifying immediate needs.Harris worked with with industry best practices and systems,and setting up VSD to identify the different buckets(rehabilitation processes for knowledge transfer and staff development of existing mains,replacement of existing mains, which is fundamental to program success,with the realignment of sewers,rehabilitation of manhole,etc.)of objective of building in-house expertise and knowledge required improvements based on available information. We developed a cost escalation model for the pro Harris is currently working on Phase 2 of the project gram while continuing to update Program findings and and projected system deficiencies for the system recommendations from Phase 1.Phase 2 includes:Review of areas that need inspections.Working with VSD staff, new CCTV data provided by the District for pipes with QRS Harris developed a comprehensive program that was 3-5 to determine method of pipe rehabilitation;preparing accepted by the Board of Directors.Harris is working bidding package for video inspection for pipes identified, on implementing VSD's program and developing identifying project packages for Phase 2,preparing Construction Packages for year 1 and 2. construction documents for projects included in Phase 2 and Developing a Reasonable Program Budget that Addresses providing assistance during bidding and construction. Political Realities.The budget had to be within the accepted sewer rate increase and concurrently updated Challenges by VSD.Harris worked with VSD to develop a system • Data Gathering and Implementing Technology.Data deficiency criteria to narrow down the required gathering and understanding the state of the existing improvements. facilities was a major challenge.Harris collaborated closely with the District's maintenance and operations Budgeting staff to obtain information about system deficiencies,hot Harris developed a constriction cost unit prices escalation spots/median needs,and overall system performance. model and a construction cost contingency model.We also • Harris worked with VSD to implement information developed hard and soft construction costs for the 10-year management systems for the program including a program.We collaborated with District staff to determine decision-support dashboard to facilitate transparent its validity with the rate study increase. reporting,facilitate lines of communication,and build —Ron Buchwald,District Engineer,760.238.5404 accountability into the comprehensive process. Section C. References and Experience with Projects of Similar Size and Scope 0 27 ` �_, �, � .. s • F ,fix a z c�,. i gg Ramon Road Corridor Improvements City of Cathedral City Harris provided civil engineering services for this federally funded roadway improvement project.The civil engineering design improvements included roadway geometry layout and configuration for delineation and traffic flow enhancements,preliminary intersection channelization plans for improved circulation,identification of surface and subsurface utilities impacted or potentially impacted by the proposed improvements,ADA evaluation with curb ramp modification design,and pavement rehabilitation of select, isolated locations. The drainage study included an analysis for the storm runoff flows tributary to Ramon Road from Date Palm Drive to the White Water River.Additionally,the evaluation and reporting identified flows that were tributary to Ramon Road for the 100-,25-, 10-,and 2-year return storm events.Harris reviewed existing drainage facilities and developed alternatives to improve flood protection along the studied portion of Ramon Road,including recommending a strategy to provide flood protection through phased implementation,along with rough order of magnitude construction estimates for each proposed alternative systems improvement. The City Master Plan focused on enhancing traffic circulation by removing and/or replacing existing concrete sidewalks,pedestrian ramps,concrete crosswalks,raised medians,signage,and street lights.The improvements considered and enhanced public safety within the public right of way,which complimented the architectural landscape and theme related to the hardscaping and landscaping of the entire business corridor as described below. 28 13 Harris&Associates,Inc. y•ry n a.,. ...V ..1 i m .�!� ail& u➢ 'e.m. � ;� r: Challenges Budgeting • Stakeholder Coordination and Public Outreach.This project required a The project included several funding high degree of coordination with stakeholders including business owners sources:federal,local,and tribal and residents along the corridor,the Agua Caliente tribe,the City of Rancho which required early and detailed Mirage,utilities(Desert Water Agency,The Gas Company,Southern coordination in order to protect the California Edison) and the Palm Springs Cemetery District.Harris also budget and project schedule. coordinated future improvements for Ramon Road bridge,which is partially . The second phase was in the midst owned by the City. of the recession and Harris had Throughout the development of the conceptual designs,the Harris team to repackage the project to fit the attended several public meetings to present developed concepts and solicit reduced budget.We had to provide public input.Public presentations included business and property owners along for additive bid items to allow the Corridor,Transportation and Safety Commission,Arts Commission,and city flexibility to maximize the City Council.The Project also developed a Corridor blaster Plan and rough improvements. order of magnitude construction estimates to program the different phases —Bill Bayne,Former City Engineer and support the application process for different local,state,and federal funds. (retired),951.213.2059 Harris assisted the City in the preparation of a whitepaper and brochure for the project for the public and regional elected officials in a funding campaign. Traffic Signal Coordination.The traffic improvements included an evaluation of existing and proposed operations along the corridor and updating existing Synchro traffic modeling from Da Vall Drive to San Luis Rey Drive.Significant coordination of the timing of the traffic signals was required in order to increase the corridor's efficiency for users within the several jurisdictions,and create a Green Wave starting at I-10 interchange, through Rancho Mirage,Cathedral City,and the Palm Springs. Right-of-Way Acquisition,since tribal land was involved. Architectural Landscape and Theme Improvements. Creating a unique aura that enhanced the business Corridor on Ramon Road,while maintaining the unique characteristics of Cathedral City,was a challenge.The partnered vision created a harmony between the public enhancement of the business Corridor and the beautification improvements done by private businesses under the Redevelopment Agency program. Section C. References and Experience with Projects of Similar Size and Scope 29 I 1�. �x`��+ � c LOCAL DEMONSTRATED TEAM,ON THE D1.Local Business We have selected The Altum Group to preform surveying for our team.They are located in Palm Desert.Their business license for the city is below: CITY OF P0lM DES€li 1.1—N EC 2a�s-0asssa '" $ � 73 a10 Ffq wgrhg D. q Fey retina cafe:04I30120 _ e Pdm Oescr.CA 92-260 y. .S, 760.3K061 ..._? 4' s BUSINESS LICENSE BUSMESS NA61E: ALTURIGROUP ?,, y r c BUSINESS LOCATION: 6L'kTIFI CA ryz 1'E",,' 7 73710 FRED WARNG DR q?Is NOTTRMIS ERAB�E.- +� '- •f ! PALM DESERT,CA 92250 ENGIN EERING SERVICES BUSINESS OWNER. �•'; ALTUM GROUP �. 7371C FRED'WARING STE 219 C. e H: PALM DESERT CA 922A l D2.List all team members with local Our presence in Coachella Valley dates back to 1995 when we provided City expertise.Clearly define their role in the Hall improvements for the City of La Quinta.Since then,we have maintained overall project. relationships with the cities of Cathedral City,Indio,and Palm Desert;and local agencies such as Valley Sanitary District,Riverside County Flood Control District, Coachella Valley Water District,California Regional Water Quality Control Board, Coachella Valley Association of Governments,Desert Water Agency,and South Coast Air Quality Management District. Our local presence and our current work with the City of Palm Springs means that Harris understands the evolving policies and practices that relate to construction in the Valley.We are active members of the community, participating in the Annual Streetlight Parade and attending VillageFest.From our involvement with the various community groups,such as One-PS,we know that community outreach will be important.We have already started developing solutions that will help us work together to build a better future for Palm Springs. The following team members have local expertise: Ehab Gerges,Contract Manager Vijay Pulijal,Project Manager—Asset Elizabeth Reyes,Project Manager— Management Drainage Cindy Hackett,Staff Augmentation Chris Mielke,Project Manager—Roadway Scott Gianinni,Construction Manager Ralph Roberts,Inspection 30 0 Harris&Associates,Inc. ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ)#14-19 ON-CALL CIVIL ENGINEERING SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY(PROPOSER): Harris&Associates,Inc. BUSINESS ADDRESS: 22 Executive Park,Suite 200,Irvine,CA 92612 TELEPHONE: 949.655.3900 CELL PHONE 949.683.2011 FAX 949.655.3995 CONTACTPERSON Ehab Gerges,PE EMAIL ADDRESS Ehab.GerCes@weareharris.com A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. Ehab Gerges,PE,Chief Business Development Officer PRINTED NAME A TITLE 6/5/2019 SIGN TURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 1. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; x A corporation If a corporation, organized in the state of: CA 2. My tax identification number is: 94-2385238 Please check below IF your firm qualifies as a Local Business as defined in the SOQ: A Local Business (licensed within the jurisdiction of the Coachella Valley). Copy of current business license is required to be attached to this document. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non-responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s)# 1 is/are hereby acknowledged. Page 14 of 48 Harris&Associates,Inc. Attachments El a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of On ip' 3' l I® before me,77onva Date / &�� Here Insert Name and Ti le of the Officer personally appeared ��5 Name(*) of Signer(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YONS'A.SCHROLL Natiry P •calfforma. WITNESS my hand and official seal. he . OW a- C�mmssslon 0 297205P Signatured�!"J6,4w__w Comm Ex iras'Moa f 7,202ri ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): 13 Corporate Officer — Title(s): ❑Partner — ❑Limited 0 General ❑ Partner — 10 Limited ❑General ❑ Individual C Attorney in Fact Cl Individual [3 Attorney in Fact D Trustee ❑Guardian or Conservator ❑Trustee C Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: @2014 National Notary Association •www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND NOTARIZED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL(Envelope#1)* NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH SUBMITTAL STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned,being first duly sworn,deposes and says that he or she is Ehab.Gerges,PE of Harris&Associates,Inc. the party making the.foregoing Submittal. That the Submittal is not.made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not.collusive or sham;that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by .agreement,communication,or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any cor at' n,partnership,company,association,organization, Submittal. depository,or any other memb r g t thereof to effectuate a collusive or sham Submittal. g ; Ehab Gerges,PE Title: Chief Busineas Development Officer Subscribed and sworn to before me this 3rd day of June 2019 Page 15 of 48 Harris&Associates,Inc. Attachments b ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits,.relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: Harris&Associates,Inc. NAME and TITLE of Authorized Representative: (Print) Ehab Gerges,PE,Chief Business Development Officer Signature and /Dat f Authorized Representative: (Date) 6/5/2019 Page 18 of 48 Harris&Associates,Inc. Attachments ® c ATTACHMENT "E" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope#1)* CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note:A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the ownedinvestor and the official have done business together during the year prior to the application, (2) the official has earned income from the owner/investor during the year prior to the filing of the application; (3)the ownedinvestor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the ownedinvestor's interest in the applicant entity, in relation to the application's outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of.City officials, whether elected or appointed. What Must I Disclose? Page 19 of 48 Harris&Associates,Inc. Attachments 13 d A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity(e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager-or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. *There are some additional supplementary instructions with an example following the form should you need further clarification. Page 20 of 48 Harris&Associates,Inc. Attachments e PUBLIC INTEGRITY DISCLOSURE 41 APPLICANT DISCLOSURE FORM �9{IFo F 1. Name of Entity Harris&Associates Inc. 2. Address of Entity(Principle Place of Business) 22 Executive Park,Suite 200,Irvine,CA 92612 3. Local or California Address(if different than#2) 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? Yes ❑No 5. Type of Entity ©Corporation ❑Limited Liability Company ❑Partnership ❑Trust ❑Other(please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Lisa Larrabee X❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other Steve Winchester X❑Officer ❑Director ❑Member ❑Manager [name] ❑General Partner ❑Limited Partner ❑Other Ehab Gerges ®Officer ❑Director ❑Member ❑Manager [name] General Partner Limited Partner Page 21 of 48 Harris&Associates,Inc. Attachments f ❑Other 7. Owners/Investors with a 5%beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 506,ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) A. Harris&Associates,Inc.is a 100%Employee Stock N/A Ownership Plan(ESOP)Corporation,therefore there are no owners or investors with 5%beneficial interest [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Dis losing Party, Printed Name, Title Date 6I5/2019 Ehhaab Gerges,PE,Chief Business Development Officer Page 22 of 48 Harris&Associates,Inc. Attachments g EXHIBIT"D" SCHEDULE OF COMPENSATION ATTACHMENT "C" COST/RATES SUBMITTAL *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST/RATES SUBMITTAL (Envelope#2)* *If necessary,you may attach additional sheets. STATEMENT OF QUALIFICATIONS (SOQ#14-19) ON-CALL CIVIL ENGINEERING SERVICES Responding to Statement of Qualifications SOQ 14-19 for providing on-call Civil Engineering Services, IME the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Engineering Services Principal-in-Charge $ $260-$325 Senior Project Manager $ $220-$295 Project Manager $ $190-$250 Senior Project Engineer $ $175-$220 Project Engineer $ $160-$190 Senior Design Engineer $ $130-$155 Design Engineer $ $105-$135 Senior CADD Designer $ $130-$160 CADD Designer $ $100-$135 Administration $ $904125 Environmental Services Senior Project Manager $ $190-$285 Project Manager $ $150-$190 Senior Biologist $ $160-$200 Biologist $ $1204160 Technical Specialist $ $105-$150 Construction-Management Senior Construction Manager $ $225-$325 Construction Manager $ $155-$220 Construction Inspector $ $143.55 Project Controls $ $150-$175 i SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: The-Altura Group, Principal $ $184 Director $ $163 Senior Project Manager $ $158 Project Manager $ $152 Assistant Project Manager $ $142 Senior Associate $ $131 Associate $ $116 Assistant $ $90 Project Coordinator $ $79 Administrative Assistant/Clerical $ $58 Intern $ $37 Survey Crew—Non-Prevailing Wage $ $225 Survey Crew=Prevailing Wage $ $275 CWE $ Principal $ $269 Senior Project Manager $ $265 Project Manager $ $232 Technical Manager $ $228 Task Leader $ $202 Principal Engineer $ 197 Senior Engineer $ $186 Project Engineer $ $163 Staff Engineer $ $136 Assistant.Engineer $ $110 Senior Environmental Scientist $ $166 Environmental Scientist $ $138 Environmental Analyst $ $103 Construction Manager $ $190 Senior Construction Inspector $ $145 Construction Inspector $ $128 Licensed Surveyor $ $177 3-Person Survey Crew $ $249 2-Person Survey Crew $ $200 GIS Specialist $ $133 Senior Engineering Technician $ $108 Engineering Technician $ $94 CADD Designer $ $110 Project Coordianator $ $98 Administrative Assistant $ $88 ii Harris&Associates,Inc. SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Jeff Katz Architecture Principal Architect $ $240 Project Executive $ $200 Project Manager $ $185 Job Captain $ $145 Specification Writer $ $185 Construction Administrator $ $175 Drafter $ $120 Secretarial $ $200 Structural Engineer $ $200 Civil Engineer $ $200 Mechanical Engineer $ $200 Electrical Engineer $ $200 Landscape Architect $ $190 LOR Geotechnical Group Principal Engineer $ $269 Project Engineer/Geologist $ $265 Staff Engineer/Geologist $ $232 Soil Technician/Deputy Inspector(Field or Laboratory) $ $228 Soil Technician/Deputy Inspector(Prevailing Wage) $ $202 Traffic Control(Prevailing Wage) $ 197 Drafting $ $186 Clerical $ $163 P2S Principal Engineer $ $301 Engineer $ $172-S252 Design Engineer $ $1354210 Designer $ $117-$144 CAD/BIM Designer $ $87-$118 Commissioning $ $128-$252 Project Assistant $ $87 KDM Meridian Principal $ $206 Project Manager $ $191 Project Surveyor $ $175 Survey Technician $ $139 Clerical $ $77 1-Man Survey Crew $ $196 2-Man Survey Crew $ $294 iii Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined in this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSES: Cost/Rate: Construction Document Reproduction for bidding*(Harris) $ Direct cost plus 10% Construction Site Vehicles(Harris) $ $1050/month Mileage $ Current IRS Rate Printing—B/W(Altum Group) $ $0.06/page Printing—Color(Altum Group) $ $0.75/page CDs/Flash Drives(Altura Group) $ $10 Mailing Shipping(Altum Group) $ Direct cost plus 15% Direct Expenses(CWE) $ Cost+ 10% Subcontract Services(CWE) $ Cost+ 10% Specialized Computer Applications(CWE) $ $15/hr Field Vehicle-Hourly(CWE) $ $12/hour Field Vehicle-Daily(CWE) $ $80/day Field Vehicle-Monthly(CWE) $ $1,500/month B&W Photocopies(CWE) $ $0.10/page Color Photocopies(CWE) $ $0.50/page Laboratory Testing Materials(LOR Geotechnical Group) $ Cost of Unit Travel Expense(P2S) $ At Cost Plan Check Fees(P2S) $ At Cost+ 10% Third Party Services(Printing,Surveying/Soils,Testing Lab Work) (P2S) $ At Cost+ 10% Aerial Mapping(KDM Meridian) $ Cost+5% Traffic Control(KDM Meridian) $ Cost+5, $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost Proposal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: iv 0 Harris&Associates,Inc. PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: For the initial three (3) years of the Agreement term, the hourly rates and other unit costs are fixed. For optional years 4 and 5, Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor. NOTE: This page MUST be manually signed. Certified by: Harris&Associates Firm Name IVZ6 Signature of Authorized Person Ehab Gerges,PE Printed Name Chief Business Development Officer Title 6/5/2019 Date EXHIBIT"E" SCHEDULE OF PERFORMANCE The services provided hereunder this Agreement shall occur on an as-needed "on-call" basis,pursuant to separate individual Task Orders or Purchase Orders. The City and Consultant shall agree on a schedule of performance for scopes of work on assigned projects. END OF EXHIBIT"E" f7.0 CERTIFICATE OF LIABILITY INSURANCE 07/29/20022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC 00757776 800-8 HOB International Insurance Services Inc. P.O. Box 4047 Concord, CA 94524 USA INSURED Harris & Associates Inc. Attn: Susan Mandilag 1401 Willow Pass Road, Suite 500 .-... 925 609-6500 ieM e.a. 925 609-6550 1 VALLEY FORGE INS CO AMERICAN CAS CO OF READING PA CONTINENTAL INS CO CONTINENTAL CAS CO Concord, CA 94520 USA I INSURER F: COVERAGES CERTIFICATE NLIMFI 535315084 RFVISION NUMRFR- 20508 20443 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. fLTR TYPE OF INSURANCE AD LB R POLICY NUMBER MMIDDIYYYY WM1DDiYYYn POLICY LIMITS A X COMMERCIAL GENERAL UABILYTY 6072176739 08/01/22 08/01/23 EACHOCCURRENCE S 1,000,000 CAS -MADE � OCCUR AIM DAMAGE T RENTED PREMISES Ee occurremael $ 1,000,000 X MED E%P(My one ) $ 15,000 Dad: 0 PERSONAL& ADV INJURY $ 1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 2.000.000 POLICY T JECT � LOC PRODUCTS-COMP/OPAGG S 2,000,000 $ OTHER E AUTO MLELIMILITY BOA 6076590520 08/01/22 08/01/23 COMBINED SINGLE LIMIT Ea aside t S 1,000,000 BODILY INJURY IPer person) S X MY AUTO OWNED SCHEDULED AUTOS ONLY AUTO& BODILY INJURY (Par adent) co S PROPERTY DAMAGE Per acddent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ X Dad: 0 C UMBRELLA LUB X OCCUR CUE 6076590551 08/01/22 08/01/23 EACH OCCURRENCE S 10,000,000 AGGREGATE $ 10,000,000 X EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10,000 S B WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIE%ECUTIVE N ERE%CLUDEDi OFFICER/MEMB (Mandatory In NH) NIA 7034219554 08/01/22 08/01/23 X I STATUTE ERH E.L EACH ACCIDENT S 1,000,000 E.L DISEASE - EA EMPLOYEE S 1,000,000 S yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -POUCY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY AERS91891588 08/01/22 08/01/23 Per Claim; 51000,000 Claims -Made Aggregate 10,000,000 Dad. Each Claim 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Aedkionel Remarks Schesluk, may W attached if more space is required) a Workers Compensation policy excludes monopolistic states ND, OR, WA, WY. General Liability and Auto Liability Additional Insured statue granted, if required by written contract/agreement, per attached forma CRA75079XX 1016 and CNA63359XX 0412 (pg. 1, I.A.3). City, its officials, employees & agents are additional insureds under General Liability & Auto Liability if required by a written contract. RE: On -call Engineering Services (RA #1800407) CFRTIFIr:ATF NOI nFR CAMCFI I ATHIN 180-0407 (2023) RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs AUG 02 pppp THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquits Canyon Way Office of the City Clerk AUTHORIZED REPRESENTATNE Palm Springs, CA 92262 USA ©1988.2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD bbogart 535315084 CHA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010. or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph 1. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury. property damage, or personal and advertising Injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: GNA75079XX (10-16) Policy No: 6072176739 Page 1 of 2 Effective Date: 08/01/2022 Insured Name: Harris & Associates Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc.. with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1, primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6072176739 Page 2 of 2 Effective Date: 08/01/2022 Insured Name: Hams & Associates Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. CNA Architects, Engineers and Surveyors General Liability Extension Endorsement (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. �j 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effector becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising Injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. CNA74858XX (1-15) Policy No: 6072176739 Page 16 of 17 Effective Date: 08/01/2022 Insured Name: Harris & Associates Inc. copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM � L1-I A 1 �Ld�P14 SLef A. Who Is An Insured The following is added to Section II, Paragraph A. 1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A. 1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. I Form No: CNA63359XX (04-2012) Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08101/2022 Endorsement No: 13; Page: 1 of 4 Underwriting Company: American Casualty Company OfReading,PA 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance services Office. Inc.. used with its permission. CNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph 6.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 0810112022 Endorsement No: 13; Page: 2 of 4 Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CMA F. Electronic Equipment Business Auto Policy Policy Endorsement Section III, Paragraphs BA.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph 8.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01/2022 Endorsement No: 13; Page: 3 of 4 Underwriting Company: American Casualty Company OfRcading, PA, 151 N Franklin St, Chicago, IL 60606 ® Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: 161 Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph 8.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.15).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01/2022 Endorsement No: 13; Page: 4 of 4 Underwriting Company: American CasualtyCompany Of Reading, PA 151 N Franklin St, Chicago, IL 60606 c i n--An A. rrdA All oinh.c 0......A A K..A n1 .An Insurance Services Office, Inc., used with its permission. 7 Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES INC. Endorsement Effective Date: 08/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Dale: 08101/2022 Endorsement No: 4; Page: 1 of 1 Underwriting Company: American Casualty Company Of Reading, PA, 151 N Franklin St, Chicago, IL 60606 Copyright Insurance services Office, Inc., 2011 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-e 111-1997) Policy No: WC 7034219554 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01 /2022 Endorsement No: 2; Page: 1 of 1 Policy Page: 32 of 48 Underwriting Company: American Casualty Company Of Reading, PA 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. 1 • ! I V ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYI'Y) 07 /31 /2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0757776 800-877-4560 CONTACT NAME: BOB International Insurance Services Inc. PHONE No EaD. 925 609-6500 FAX AC No: 925 609-6550 E-MML P.O. Box 4047 ADDRESS: INSUR S AFFORDING COVERAGE NAIC6 INSURERA: VALLEY FORGE INS CO 20508 Concord, CA 94524 TTSA INSURED INSURER B: AMERICAN CAS CO OF READING PA 20427 Harris 6 Associates Inc. Attn: Susan Nandilag 1401 Willow Pass Road, Suite 500 INSURERC: CONTINENTAL INS CO 35289 INSURER D. CONTINENTAL CAS CO 20443 INSURER E : INSURER F: Concord, CA 94520 USA COVERAGES CERTIFICATE NUMBER: 535426683 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE Memo POLICYNUMBER POLICY EFF POLICY UP LBBTS A X COMMERCIALGENERALLIABILITY 6072176739 08/01/23 08/01/24ffGENE�LAGGREGAM ENCE S 1,000,000 CLAIM&MADEOCCUR occ Enexs S 1,000,000 TXDed: 0 one person) S 15,000 DVINIURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: REGATE & 2,000,000 POUCY�JECTT LOC OMPIOPAGG S 2,000,000 S OTHER B AUTOMOBILELmmLITY BUA 6076590520 08/01/23 08/01/24 COMBINED SINGLE LIMITMe axident) S 11000,000 R BODILY IWURY(Per Perim) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per awdent) S PROPERTY DAMAGE Per acadenl S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X S Dad: 0 C UMBRELLA LIA8 X OCCUR CDR 6076590551 08/01/23 08/01/24 EACH OCCURRENCE S 10,000,000 X AGGREGATE S 10,000,000 EXCESSUMA, CLAIMS -MADE DEC) I X RETENTION$ 10,000 $ B WORKERS COMPENSATION 7034229554 08/01/23 08/01/24 X I STAT TE ERµ AND EMPLOY ERS'LIABILMY YIN E.L EACH ACCIDENT S 1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER MEMBEREXCLUDED? F NIA E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) - X yes dns ,ne undw DESCRIPTION OF OPERATIONS W. E.L. DISEASE - POLICY LIMIT S 1, 000, 000 D PROFESSIONAL LIABILITY ARK591891588 08/01/23 08/01/24 5,000,000/Claim; 10,000,00OAg Claims -Made Aggregate 10,000,000 Dad. Each Claim 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD fat, AddiBmal Ranarks Scheduk, nay to aaachad R non aPIi is r"uired) a Workers Compensation policy excludes monopolistic states ND, ON, WA, WY. General Liability and Auto Liability Additional Insured statue granted, if required by written contract/agreement, per attached forme CNA75079XX 1016 and CNA63359XX 0412 (pg. 1, I.A.3). City of Palm Springs, its officials, employees & agents are additional insureds under General Liability & Auto Liabilit if required by a written contract RE: Indian Canyon Drive Widening & UPRR Bridge Replacement, City Proj #01-11, Fed Proj #13ALO-5282(017) CERTIFICATE HOLDER CANCELLATION 1220532001 (2029) RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AUG 1 ACCORDANCE WITH THE POLICY PROVISIONS. 2023 3200 E. Tahquits Canyon Way AUTHORIMOREPRESENTATNE City Hall Palm Springs, CA 92262, CA 92262 DRiception Desk ACORD 25 (2016103) ABarton 535426683 ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 6072176739 Page 16 of 18 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted rn tenal of Insurance Services Office, Inc., with @s permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage -included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible bylaw; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or _ B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6072176739 Page 1 of 2 Endorsement No: 8 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the tens of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which fors a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6072176739 Page 2 of 2 Endorsement No: a VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. C�/w Bwiross Am Paley NA Policy Enrmnnmen' MO FND00.fEMENT CHANGES THE POLICY, MEASE MAD R CAREFULLY rose erWenenmnt math. inWmnce wor"tlee and, .1. I011owin, BUBINESS AUTO COV VaGE FORM I. UAINUTy CONEAAOE A. wkeb An haunt The bpowlrp ie added to Send BJrapMr A. l.. WM he An sewed: ins ens Any ineorporeWd eMrry col -yen tla Named Inouevd awry a Tejwiry of rN wtirq etotk on tea Any, ar iW Mon of Me Cowape Form: p-+ded Nit. E. Th. Ina .11. car thisda.mn A.l. does rem any W ropy. cn miss mat la an beuWurmNram M. wNM "coo k," payaina acre covsnM. W rawlyAt]. Any mgmWtlm yardsho lomr. man Man. Ilmhed 5atiM WlnPny....Mpw plot V VGAA fed ever men you -men myedry, owmnhip Item[, TM-ur.... Horned by Ora prn+eon A.S.: b axac(M On Me ecA..- orN-A.- des, end or a fH. Anyuntil ate end tone booty ONIZ of Ma Coverpe Form. In the real whyde-rnry of IN Irrcptlm Mete, wnlchaver, la Andfar, I. Dbea n-ppry tat. MI 11.10 rnlrW or Mepny derraper waded by an eo . Wt adobe before m, acbunad or r.—ad 1d -.score: w al Any six h orwnDarrm that a. of awed warn any other lathy "GaBO" preciionwab In —rape A. ante do-, or aganrnvmr Net yW HE rto-ad by a wArten ccMnct is name or an additicnel cad le ou r ... need 1. Nair lapel I.Wlry loth of a ber .. piouMR11NM s. re an incned urr SECTION - .IN AN .BARED And lm nd -Hire LiabNN on Con, ..... is Hid. data I.., Its one- I ,pint M on. [ontnct. des ur.wme. win be pdmvy and non[ono,Wtwy 1a.neua.ce on wnkA ton atldbbrof...,ad a . No. Yrnnvd. A. An slNwee of ywn is on mewed wherb dentine on Wn head w rmm under a contract or son -rand In Net smash, s nmmawon yW r emiamn, what performing drrdee rekaed W the Offat of your buvnma. 'Posey', as Wnd In throe -ammo A. Wee he An answer. Mewm. Mau tNslq tlwl wede m cord on Me eyeation done of Nu Coyerape co- fail 1. Wnkh one m lender in lance: or 3. WMaa Into. have Gdme ativmted. S. YbM and bu NE.wlrp 4eon p, penpsN A2(11 and A .. MI are reseed as lollnw.: 1. In AGU. 1M and ion Ne csr of bs bonds,[ chanced ham da.OW W k int)(I anon E. haMl, tlo ryNf for Me bs of oerrbP a ch.rge here $250 W 1500 a Nye .10If, Nei eunMea rmbe d....a.e wit: rr.e,w.nre —con, hefty Erreser.e wed.1 Sins r,a+wrw, des Ire NN:I w. wdw+Nwraen,— sworcases, AAndres, RA,a1 H rr. an we, S. :.. r..an o. AS Am W.,wa. wit. none reed new,ar of Isawf a s,.aec,>Wy Ion. w am 1. p.eeenn. C�/p &u6rn Am Policy /� Poll" Endomamcor F Elec ran. Euulpmenl Getlen IS Perepeplo 11,4 c and NAd. era denind and replaced by the laoowmp: Physical oemepe Contnpe m. covered W W al- Malta m bs W any. —hey Inns. Norman. Wpncmr -wand in enaruue end other arreadms E. A e100 per accunenc. foram r, appeal in Me coverage promNd by day MCLialon. G. dadrrtM N vab s The I000wmp Is W Nd 1. Ssnw 0. vsprsM1 111 S.I. to the Ipkowlr., . JeMbn N yeasse vs lVeit, as. net send on: . Any -end auto of the pnedeAr-MMr type you boa. hire, rod by borrow, aHM1ON a dem Ion. cried of 30 Nve or Was .0. dartar, dm.e handed to Ne [oeuct OI ywc Moryid. end An Any mMred mrs of the pint. esssder reps hired or I. by I. sabWe oftiA arye, for a pwYwl or SO day. or Mi uMm. con. in MI i n iHNeI arcrjw.s'. earn. with yew ernueaWn, -pia Serlwmag WNd hmhdl he Inv wMUR of your pmmvae. c Nch cevvRpv a is Mo. by Me RvNeion N Ilml.d so a .. anVasso Owe mach NeNy st of awiddnnl Nmape and nor ee a react Olga Ware ro mare top on.; I.ulry or Iyoryc.l. unarms or nuesesi w ed ideapen it auwwam Pen.. d. The Mon w..1. pay led lea. W.[wsM. m an, the l.a to Nsm al: Ito W., in 131 20% of Me aom a ecprh urn value UCVI. M. pNe ONn Car CewsM-SaaWdve ONass Its 1.11 rep is ad. n Decaw. R wd M: 1. PM me you for own, thin, or b-ow a e covered auto for Llaaltiy, Corerpe -pore bcins used by, wq he Medical Details Cowie white rn No care, custoM ce eoMd of. wry of bur "aemutn a . An eN0 owneE 5V N,I "vewulwe OMmi der a mgnbV OI Met barred houulwld: w N. An Harpsee be hnn-asmudw mh[w".1.-swop In A.Ares. of di no-crdr aelhnp for mrbrd WN1.. Sort, WMIIh arecr Physical Dermpe Cewga se n aff-de W µis contemn 111 Eousl to uw behan al Anna ucmeMa eN.dM any cu. wW: son 121 Lecae. -1 my oats Wlmnde inWnme. 3. Fry pUlposa of Ws RONaIm. "sysWbve plppY mON a beam M1dCNp wry of Nat plRur poaMOns e.ud by ml crest, cone car. We.. w an, me, tree-Arvaln'ed daNnwM1, and, -lore e mrdenl .11. acme pcuMloM, idi tlwl pman'c [pease. inch'eaecWve ewer[' en LseeW wkb atop is cohered ua deemped n Iys precision. IV. WWFNSAI OCONOITIONB A. Me- a The Evws Of AcWwM1 CYIm. 4M Or Ls. 1M lebwery 1, shed 10 ease W. psggh A.Zr. yess, Vic do -Anal. c/TR"R BwNas. Am Poky Poky En lorwmanr C, Falbw EnFAayaa Said-E. Esrey B.5 Mona not apply. Su[n yov, as ic.tfortlrd by.. p ches n c. to .-a. over any mm. cdle[liOb imurarlu. E, PHYSICAL DAMAGE COVERAGE A. Glass Brxka9e - Hitting A Bed Go Arinel - FMlr OMsc6 Or YeuYa The follcwi , n added to Section W Pweprph A.3.: With re usd orb, airy.-Il b mom. In Me DxJmatlona will nor apply to able brseeaae it be slaw.. nmered, of a manna u[eptede by us, cadre Nor ratio. B. Trarupemtlon Eapn- s[Non S. Rrspyhe AA.., b seised, wIM -peat to tanHosen rme seemed vrcvM by you, to on -vide: a. HrO par dsh. in fou ou]o: dublt'no in d11800yesion-r-shaec."EIG0. C. budfUMlsme- Saelbn 10, PHsSi A.one b reread, wan raef to Ida of - aVMns a enured by you, as vrwymp: a. S I.. msdbnue. in AW of$SW D. NNed'Autoe- TM tollurn, to added or asotlon M. Pwaprapn A.: 11 Physical Dnnpe contnps A affected under Nb oNico. and eu[h wyeape ddn nor ..no to Med Ames, darn PnvaWl Demand cowed. a... lo: .. Any[twat WN rod area, ma, In. or berm-om. saw:actl IN. Any mevM ether hoW in nntad by your xndolee withwl a Other. under a cement in that Mdi.dual bablfyy'. remit won your ostalsolon, wM4 parlTrcna d+dn Im. he Ne conduct of It. biomes. The... we wa p.y For an, to sefldat w bs a Ne actuel[end cal., cost of mrs,[sl of rentioneem or .75 000, wtsers- k lee, comae a SSW deductible led vacin covert saw. No ieo .. apMws n bass Bused by An or IIdenerea d. The potential demeae scrom,ei - as Annerm Sy on. H. a eprtl ro 1M pnyeisal dameas i evreMlal orwq W on wed bandral aft . . Sum pnwml named. coyerae. fen had W W. web 111 Indus case Of Ire, on—, le Me conseoueree or An aNdwn fed.. Me Name Inauretl is Ipally Iable and as a not of which r mornsry Ire Is W.secs l by the bemire or. [acorn Ud Such cawnpe u a provided by this tradition wig be adeject to a lent, d e750 Por As arm. E. M2np Courage TM I.Rowin, b tlde I. S . BL Rarest, B...: The miarrWl dudhwq of an aedry an.a w be eauMmed msFVld }ANwn Ishercesed .1. cry,rp ea..e...h.n, is,'..... con. 's- them- oat ol.Arme li ran Cll;VV Anon... 1. .lrh —,.. PA. car n In—,, I. crone.. a or Nonervehna. rw.arn a VyV- .ww,r— C/�� j� Bpwnse AM. PgkY PofcY Endc,fo ridnt 1.1 your m.baaea toy anew of an arda.t or be. Thu. wen aft condo.1 you bade Much Mnowkd, ands e-I, modest w buffs drown to you wd you an m1 apteddli 1, to me col my eveCNive a"icwe or banner. or coot Nawm[e merepr. The housing a N. to Seetlen N. Fwepaph A.] N 1.5 1, mgbyeee may cowed el d-[name KKeMd cm e-wo a tlam of M, T. wee nor mere Net you Hive such orynem e, -111 .1 11 documents N khewn he, errd yfU ode .of an Indrvi t0 any of you ....... all I.,. of poor ens or you Inionsrw manager. s. Trn.N, Co 111p11t. Of ge— Ad— ... TO Us The togpwlyd a ode t0 Section N. Pan,dat A.S. Troup, Of Reds ON Nefnoy Agadrs. To Us We wave my rgnr el racay ev we may Nw, brass nl pre -he we made for re, w Nma,. fare t any person or mpacry wit In -Hire or whcn you an thesis be -Mere combed, or ecreement t0 ab.in the waMn hen s. Tka"'1 or A -AA moat sae aR of your ecncidi Mdv a cnTroct won"bi in YOu mwugrs I. her rewemmt Inner W wan dSadA or We. C, Cance l., `dmMd en.dm or ratw The been :e.. 10 Seetbn N. PenansM Ill., Yon, mute 10 Video col round, -And on Me date of Mewam of tide CewaM Form ehml nW dai dlcr you wN„sspecl rat Me [ory, sllmded myldpd... fai to w wnieuOn'a.11nnngp.l. 0, Offerkw.. The lVoMrq of eNe W rki N. P-s Ad b I.E. Negando ea of Me pamun OI Pwyranhn S.e. and End. mAd. le.-. mead. be this entry .bad be on a Vincent norycmmNtwy, basis. Tend proNNon he epa[aW other wren maned by a Th., wtnen connxr muar hay. been enlaced Inv Vier A Acdrenl be Its. E. No" Pwbrd. Cauep. Tashi gechon N. M1rgeM B, 7 Hinton a now -I m.ovitle: ens en days nl cowae "e Lev of 30 day.. V. DEFINITIONS wnWh V. peagnM C. se it.,. xe..p... by Me fRbwlw. .1 r Mal main, boday Inrvrv, sees.... w domain acamad by a Mrs.. InoWhq --1 Infloo, ,ern MI I,, a, Mat, -Wri, M1wn.., m coma. tl pWruwt aµall.n they yes Usn-1n.-1.1f Pa tylo wPass f.Xrrq Cwnnsy 1-ce 'ryseesend- Peleiprvnnnreovenst •[uVnnyness A -ono-...- Bed Him 1. mmsheva,.f shred s sa,.aesi ,.e ccol I-. uW wen neswmsu. w CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES INC. Endorsement Effective Date: 08/01 /2022 SCHEDULE Namefsi Of Personis) Or Organizationts): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01/2022 Endorsement No: 3; Page: 1 of 1 Policy Page: 44 of 149 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 ® Copyright Insurance Services Office, Inc., 2011 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: WC 7 34219554 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01 /2022 Endorsement No: 2; Page: 1 of i Policy Page: 32 of 48 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 0 Copyright CNA All Rights Reserved. 1 • ! I V ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYI'Y) 07 /31 /2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0757776 800-877-4560 CONTACT NAME: BOB International Insurance Services Inc. PHONE No EaD. 925 609-6500 FAX AC No: 925 609-6550 E-MML P.O. Box 4047 ADDRESS: INSUR S AFFORDING COVERAGE NAIC6 INSURERA: VALLEY FORGE INS CO 20508 Concord, CA 94524 TTSA INSURED INSURER B: AMERICAN CAS CO OF READING PA 20427 Harris 6 Associates Inc. Attn: Susan Nandilag 1401 Willow Pass Road, Suite 500 INSURERC: CONTINENTAL INS CO 35289 INSURER D. CONTINENTAL CAS CO 20443 INSURER E : INSURER F: Concord, CA 94520 USA COVERAGES CERTIFICATE NUMBER: 535426683 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE Memo POLICYNUMBER POLICY EFF POLICY UP LBBTS A X COMMERCIALGENERALLIABILITY 6072176739 08/01/23 08/01/24ffGENE�LAGGREGAM ENCE S 1,000,000 CLAIM&MADEOCCUR occ Enexs S 1,000,000 TXDed: 0 one person) S 15,000 DVINIURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: REGATE & 2,000,000 POUCY�JECTT LOC OMPIOPAGG S 2,000,000 S OTHER B AUTOMOBILELmmLITY BUA 6076590520 08/01/23 08/01/24 COMBINED SINGLE LIMITMe axident) S 11000,000 R BODILY IWURY(Per Perim) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per awdent) S PROPERTY DAMAGE Per acadenl S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X S Dad: 0 C UMBRELLA LIA8 X OCCUR CDR 6076590551 08/01/23 08/01/24 EACH OCCURRENCE S 10,000,000 X AGGREGATE S 10,000,000 EXCESSUMA, CLAIMS -MADE DEC) I X RETENTION$ 10,000 $ B WORKERS COMPENSATION 7034229554 08/01/23 08/01/24 X I STAT TE ERµ AND EMPLOY ERS'LIABILMY YIN E.L EACH ACCIDENT S 1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICER MEMBEREXCLUDED? F NIA E.L. DISEASE - EA EMPLOYEE S 1,000,000 (Mandatory in NH) - X yes dns ,ne undw DESCRIPTION OF OPERATIONS W. E.L. DISEASE - POLICY LIMIT S 1, 000, 000 D PROFESSIONAL LIABILITY ARK591891588 08/01/23 08/01/24 5,000,000/Claim; 10,000,00OAg Claims -Made Aggregate 10,000,000 Dad. Each Claim 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD fat, AddiBmal Ranarks Scheduk, nay to aaachad R non aPIi is r"uired) a Workers Compensation policy excludes monopolistic states ND, ON, WA, WY. General Liability and Auto Liability Additional Insured statue granted, if required by written contract/agreement, per attached forme CNA75079XX 1016 and CNA63359XX 0412 (pg. 1, I.A.3). City of Palm Springs, its officials, employees & agents are additional insureds under General Liability & Auto Liabilit if required by a written contract RE: Indian Canyon Drive Widening & UPRR Bridge Replacement, City Proj #01-11, Fed Proj #13ALO-5282(017) CERTIFICATE HOLDER CANCELLATION 1220532001 (2029) RECEIVED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN AUG 1 ACCORDANCE WITH THE POLICY PROVISIONS. 2023 3200 E. Tahquits Canyon Way AUTHORIMOREPRESENTATNE City Hall Palm Springs, CA 92262, CA 92262 DRiception Desk ACORD 25 (2016103) ABarton 535426683 ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Policy No: 6072176739 Page 16 of 18 Endorsement No: 4 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted rn tenal of Insurance Services Office, Inc., with @s permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, 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 subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage -included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible bylaw; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or _ B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6072176739 Page 1 of 2 Endorsement No: 8 VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the tens of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which fors a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6072176739 Page 2 of 2 Endorsement No: a VALLEY FORGE INSURANCE COMPANY Effective Date: 08/01/2022 Insured Name: HARRIS & ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. C�/w Bwiross Am Paley NA Policy Enrmnnmen' MO FND00.fEMENT CHANGES THE POLICY, MEASE MAD R CAREFULLY rose erWenenmnt math. inWmnce wor"tlee and, .1. I011owin, BUBINESS AUTO COV VaGE FORM I. UAINUTy CONEAAOE A. wkeb An haunt The bpowlrp ie added to Send BJrapMr A. l.. WM he An sewed: ins ens Any ineorporeWd eMrry col -yen tla Named Inouevd awry a Tejwiry of rN wtirq etotk on tea Any, ar iW Mon of Me Cowape Form: p-+ded Nit. E. Th. Ina .11. car thisda.mn A.l. does rem any W ropy. cn miss mat la an beuWurmNram M. wNM "coo k," payaina acre covsnM. W rawlyAt]. Any mgmWtlm yardsho lomr. man Man. Ilmhed 5atiM WlnPny....Mpw plot V VGAA fed ever men you -men myedry, owmnhip Item[, TM-ur.... Horned by Ora prn+eon A.S.: b axac(M On Me ecA..- orN-A.- des, end or a fH. Anyuntil ate end tone booty ONIZ of Ma Coverpe Form. In the real whyde-rnry of IN Irrcptlm Mete, wnlchaver, la Andfar, I. Dbea n-ppry tat. MI 11.10 rnlrW or Mepny derraper waded by an eo . Wt adobe before m, acbunad or r.—ad 1d -.score: w al Any six h orwnDarrm that a. of awed warn any other lathy "GaBO" preciionwab In —rape A. ante do-, or aganrnvmr Net yW HE rto-ad by a wArten ccMnct is name or an additicnel cad le ou r ... need 1. Nair lapel I.Wlry loth of a ber .. piouMR11NM s. re an incned urr SECTION - .IN AN .BARED And lm nd -Hire LiabNN on Con, ..... is Hid. data I.., Its one- I ,pint M on. [ontnct. des ur.wme. win be pdmvy and non[ono,Wtwy 1a.neua.ce on wnkA ton atldbbrof...,ad a . No. Yrnnvd. A. An slNwee of ywn is on mewed wherb dentine on Wn head w rmm under a contract or son -rand In Net smash, s nmmawon yW r emiamn, what performing drrdee rekaed W the Offat of your buvnma. 'Posey', as Wnd In throe -ammo A. Wee he An answer. Mewm. Mau tNslq tlwl wede m cord on Me eyeation done of Nu Coyerape co- fail 1. Wnkh one m lender in lance: or 3. WMaa Into. have Gdme ativmted. S. YbM and bu NE.wlrp 4eon p, penpsN A2(11 and A .. MI are reseed as lollnw.: 1. In AGU. 1M and ion Ne csr of bs bonds,[ chanced ham da.OW W k int)(I anon E. haMl, tlo ryNf for Me bs of oerrbP a ch.rge here $250 W 1500 a Nye .10If, Nei eunMea rmbe d....a.e wit: rr.e,w.nre —con, hefty Erreser.e wed.1 Sins r,a+wrw, des Ire NN:I w. wdw+Nwraen,— sworcases, AAndres, RA,a1 H rr. an we, S. :.. r..an o. AS Am W.,wa. wit. none reed new,ar of Isawf a s,.aec,>Wy Ion. w am 1. p.eeenn. C�/p &u6rn Am Policy /� Poll" Endomamcor F Elec ran. Euulpmenl Getlen IS Perepeplo 11,4 c and NAd. era denind and replaced by the laoowmp: Physical oemepe Contnpe m. covered W W al- Malta m bs W any. —hey Inns. Norman. Wpncmr -wand in enaruue end other arreadms E. A e100 per accunenc. foram r, appeal in Me coverage promNd by day MCLialon. G. dadrrtM N vab s The I000wmp Is W Nd 1. Ssnw 0. vsprsM1 111 S.I. to the Ipkowlr., . JeMbn N yeasse vs lVeit, as. net send on: . Any -end auto of the pnedeAr-MMr type you boa. hire, rod by borrow, aHM1ON a dem Ion. cried of 30 Nve or Was .0. dartar, dm.e handed to Ne [oeuct OI ywc Moryid. end An Any mMred mrs of the pint. esssder reps hired or I. by I. sabWe oftiA arye, for a pwYwl or SO day. or Mi uMm. con. in MI i n iHNeI arcrjw.s'. earn. with yew ernueaWn, -pia Serlwmag WNd hmhdl he Inv wMUR of your pmmvae. c Nch cevvRpv a is Mo. by Me RvNeion N Ilml.d so a .. anVasso Owe mach NeNy st of awiddnnl Nmape and nor ee a react Olga Ware ro mare top on.; I.ulry or Iyoryc.l. unarms or nuesesi w ed ideapen it auwwam Pen.. d. The Mon w..1. pay led lea. W.[wsM. m an, the l.a to Nsm al: Ito W., in 131 20% of Me aom a ecprh urn value UCVI. M. pNe ONn Car CewsM-SaaWdve ONass Its 1.11 rep is ad. n Decaw. R wd M: 1. PM me you for own, thin, or b-ow a e covered auto for Llaaltiy, Corerpe -pore bcins used by, wq he Medical Details Cowie white rn No care, custoM ce eoMd of. wry of bur "aemutn a . An eN0 owneE 5V N,I "vewulwe OMmi der a mgnbV OI Met barred houulwld: w N. An Harpsee be hnn-asmudw mh[w".1.-swop In A.Ares. of di no-crdr aelhnp for mrbrd WN1.. Sort, WMIIh arecr Physical Dermpe Cewga se n aff-de W µis contemn 111 Eousl to uw behan al Anna ucmeMa eN.dM any cu. wW: son 121 Lecae. -1 my oats Wlmnde inWnme. 3. Fry pUlposa of Ws RONaIm. "sysWbve plppY mON a beam M1dCNp wry of Nat plRur poaMOns e.ud by ml crest, cone car. We.. w an, me, tree-Arvaln'ed daNnwM1, and, -lore e mrdenl .11. acme pcuMloM, idi tlwl pman'c [pease. inch'eaecWve ewer[' en LseeW wkb atop is cohered ua deemped n Iys precision. IV. WWFNSAI OCONOITIONB A. Me- a The Evws Of AcWwM1 CYIm. 4M Or Ls. 1M lebwery 1, shed 10 ease W. psggh A.Zr. yess, Vic do -Anal. c/TR"R BwNas. Am Poky Poky En lorwmanr C, Falbw EnFAayaa Said-E. Esrey B.5 Mona not apply. Su[n yov, as ic.tfortlrd by.. p ches n c. to .-a. over any mm. cdle[liOb imurarlu. E, PHYSICAL DAMAGE COVERAGE A. Glass Brxka9e - Hitting A Bed Go Arinel - FMlr OMsc6 Or YeuYa The follcwi , n added to Section W Pweprph A.3.: With re usd orb, airy.-Il b mom. In Me DxJmatlona will nor apply to able brseeaae it be slaw.. nmered, of a manna u[eptede by us, cadre Nor ratio. B. Trarupemtlon Eapn- s[Non S. Rrspyhe AA.., b seised, wIM -peat to tanHosen rme seemed vrcvM by you, to on -vide: a. HrO par dsh. in fou ou]o: dublt'no in d11800yesion-r-shaec."EIG0. C. budfUMlsme- Saelbn 10, PHsSi A.one b reread, wan raef to Ida of - aVMns a enured by you, as vrwymp: a. S I.. msdbnue. in AW of$SW D. NNed'Autoe- TM tollurn, to added or asotlon M. Pwaprapn A.: 11 Physical Dnnpe contnps A affected under Nb oNico. and eu[h wyeape ddn nor ..no to Med Ames, darn PnvaWl Demand cowed. a... lo: .. Any[twat WN rod area, ma, In. or berm-om. saw:actl IN. Any mevM ether hoW in nntad by your xndolee withwl a Other. under a cement in that Mdi.dual bablfyy'. remit won your ostalsolon, wM4 parlTrcna d+dn Im. he Ne conduct of It. biomes. The... we wa p.y For an, to sefldat w bs a Ne actuel[end cal., cost of mrs,[sl of rentioneem or .75 000, wtsers- k lee, comae a SSW deductible led vacin covert saw. No ieo .. apMws n bass Bused by An or IIdenerea d. The potential demeae scrom,ei - as Annerm Sy on. H. a eprtl ro 1M pnyeisal dameas i evreMlal orwq W on wed bandral aft . . Sum pnwml named. coyerae. fen had W W. web 111 Indus case Of Ire, on—, le Me conseoueree or An aNdwn fed.. Me Name Inauretl is Ipally Iable and as a not of which r mornsry Ire Is W.secs l by the bemire or. [acorn Ud Such cawnpe u a provided by this tradition wig be adeject to a lent, d e750 Por As arm. E. M2np Courage TM I.Rowin, b tlde I. S . BL Rarest, B...: The miarrWl dudhwq of an aedry an.a w be eauMmed msFVld }ANwn Ishercesed .1. cry,rp ea..e...h.n, is,'..... con. 's- them- oat ol.Arme li ran Cll;VV Anon... 1. .lrh —,.. PA. car n In—,, I. crone.. a or Nonervehna. rw.arn a VyV- .ww,r— C/�� j� Bpwnse AM. PgkY PofcY Endc,fo ridnt 1.1 your m.baaea toy anew of an arda.t or be. Thu. wen aft condo.1 you bade Much Mnowkd, ands e-I, modest w buffs drown to you wd you an m1 apteddli 1, to me col my eveCNive a"icwe or banner. or coot Nawm[e merepr. The housing a N. to Seetlen N. Fwepaph A.] N 1.5 1, mgbyeee may cowed el d-[name KKeMd cm e-wo a tlam of M, T. wee nor mere Net you Hive such orynem e, -111 .1 11 documents N khewn he, errd yfU ode .of an Indrvi t0 any of you ....... all I.,. of poor ens or you Inionsrw manager. s. Trn.N, Co 111p11t. Of ge— Ad— ... TO Us The togpwlyd a ode t0 Section N. Pan,dat A.S. Troup, Of Reds ON Nefnoy Agadrs. To Us We wave my rgnr el racay ev we may Nw, brass nl pre -he we made for re, w Nma,. fare t any person or mpacry wit In -Hire or whcn you an thesis be -Mere combed, or ecreement t0 ab.in the waMn hen s. Tka"'1 or A -AA moat sae aR of your ecncidi Mdv a cnTroct won"bi in YOu mwugrs I. her rewemmt Inner W wan dSadA or We. C, Cance l., `dmMd en.dm or ratw The been :e.. 10 Seetbn N. PenansM Ill., Yon, mute 10 Video col round, -And on Me date of Mewam of tide CewaM Form ehml nW dai dlcr you wN„sspecl rat Me [ory, sllmded myldpd... fai to w wnieuOn'a.11nnngp.l. 0, Offerkw.. The lVoMrq of eNe W rki N. P-s Ad b I.E. Negando ea of Me pamun OI Pwyranhn S.e. and End. mAd. le.-. mead. be this entry .bad be on a Vincent norycmmNtwy, basis. Tend proNNon he epa[aW other wren maned by a Th., wtnen connxr muar hay. been enlaced Inv Vier A Acdrenl be Its. E. No" Pwbrd. Cauep. Tashi gechon N. M1rgeM B, 7 Hinton a now -I m.ovitle: ens en days nl cowae "e Lev of 30 day.. V. DEFINITIONS wnWh V. peagnM C. se it.,. xe..p... by Me fRbwlw. .1 r Mal main, boday Inrvrv, sees.... w domain acamad by a Mrs.. InoWhq --1 Infloo, ,ern MI I,, a, Mat, -Wri, M1wn.., m coma. tl pWruwt aµall.n they yes Usn-1n.-1.1f Pa tylo wPass f.Xrrq Cwnnsy 1-ce 'ryseesend- Peleiprvnnnreovenst •[uVnnyness A -ono-...- Bed Him 1. mmsheva,.f shred s sa,.aesi ,.e ccol I-. uW wen neswmsu. w CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HARRIS & ASSOCIATES INC. Endorsement Effective Date: 08/01 /2022 SCHEDULE Namefsi Of Personis) Or Organizationts): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 6076590520 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01/2022 Endorsement No: 3; Page: 1 of 1 Policy Page: 44 of 149 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 ® Copyright Insurance Services Office, Inc., 2011 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: WC 7 34219554 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 08/01 /2022 Endorsement No: 2; Page: 1 of i Policy Page: 32 of 48 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 0 Copyright CNA All Rights Reserved. City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov October 4, 2023 Harris & Associates, Inc. ATTN: Ehab Gerges 22 Executive Park, Suite 200 Irvine, CA 92614 Re: Professional Services Agreement No. 8411 for On-Call Civil Engineering Services The referenced agreement expired on October 31, 2022 and, in accordance with Section 3.4 of the Agreement, it may be extended at the discretion of the City Manager. This is to inform you that we wish to extend the Agreement for an additional year to October 31, 2024. This is the second of two (2) one-year extensions provided for in said agreement. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, Joel Montalvo City Engineer Approved by: ________________________________________ _______________________ Scott C. Stiles, City Manager Date Please sign below to agree to extending Agreement 8355 for one (1) year ending October 31, 2024. __________________________________ _____________________________ Harris & Associates, Inc. Date DocuSign Envelope ID: 49DBD196-B64E-4A24-BA71-89751B3EB2E1 10/4/2023 10/10/2023