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HomeMy WebLinkAbout05275 - ENGINEERING RESOURCES OF SOUTHERN CA INC STORM DRAIN SERVICES 6A 8 20C 20CA CP 05-20 Page 1 of 1 Kathie Hart From: Carrie Rovney Sent: June 12, 2012 9:15 AM To: Kathie Hart; Tabitha Richards; Dave Barakian Subject: RE: A5275 Engineering Resources consulting services for storm drain lines project CP 05-20 Yes, we may close that agreement. T I i)011 YOU, Ygrrie Rovney %Ui� `�""'As Y,dminismitor City of Palm Springs Engineering Division 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 (760) 323-8253 (phone) (760) 322-8325 (fax) From: Kathie Hart Sent: Monday, June 11, 2012 6:06 PM To: Carrie Rovney;Tabitha Richards; Dave Barakian Subject: A5275 Engineering Resources consulting services for storm drain lines project CP 05-20 May this agreement be closed? Is the work complete? Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs It(760)323-8206 3200 E Tahquitz Canyon Way u—e- (760)322-8332 Palm Springs, CA 92262 ®Kathie.Ha_rtC)PalmSprinysCA.yay Please note that City Nall is open 8 a.m,to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 06/12/12 AMENDMENT NO. 5 TO CONTRACT SERVICES AGREEMENT NO. 5275 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA CITY PROJECT NO. 05-20 The following articles of Agreement No. 5275 are hereby amended to read as follows: 2.1 Contract Sum The first sentence is amended to read: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding the maximum contract amount of Seven Hundred Twenty-Nine Thousand Nine Hundred Fifty Dollars ($729,950.00) (herein "Contract Sum"), except as provided in Section 1.8. SCOPE OF SERVICES (Exhibit "A") - Contractor shall provide construction administration and inspection services beyond the original 120 working day project schedule, as necessary to complete the project. SCHEDULE OF COMPENSATION (Exhibit "C") - Please see attached sheet. Purchase Order Number(s): 616349 Agreement Number. 5275 Original MO Number: 7852 City Council Approval: May 3, 2006 Original Contract Amount: $ 295,480.00 Amount of Prior Increases: $ 387,690.00 Amount of This Increase: 66,780.00 Amended Total: $ 729,950.00 Account No.'s for this Increase. 135-4371-55006 SIGNATURES ON LAST PAGE EXHIBIT C is amended as follows: The following compensation specific to the Construction Phase shall be revised, as follows: Payment for services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis, as follows: Project Construction Soils/Materials Project Total Total Manager/Office Inspector Technician Engineering/ Hours Cost Engineer Management Task Description $130 $100 $77 $155 1 Pre-Construction Services 16 16 24 0 56 $5,528 2 Construction Services 372 1,300 986 34 2,692 $212,772 3 Post-Construction Services 24 60 0 14 98 $11,290 Total Hours 412 1,376 1,010 48 2,846 Professional Fees $53,560 $137,600 $77,770 $7,440 $276,670 Overtime Construction Inspector- 240 hours @ $119/ hour $28,560 Field Technician - 160 hours @ $115 / hour $18,400 Reimbursable Expenses $2,800 Laboratory Testing Costs $11,210 Total Construction Phase Services (Not to Exceed) $337,340 The City reserves the right to re-allocate hours between the tasks,to address changes to services required during the progress of the work, including increases to task amounts, provided, the total not to exceed amount is not exceeded. Fees include all reimbursable expenses, unless as otherwise specifically shown. Laboratory testing costs shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing. Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses. Except as specifically amended by this Amendment No- 5, all terms and provisions of Agreement No. 5275 remain in full force and effect. _ ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk City M er Not TO E;�caecj APPROVED TO FORM: Aut9tm;pzatfon r_ Manager. � vii APPROVED BY CITY COUNCIL gy: � ity Attorney CONTRACTOR:Engineering Resources of Southern California, Inc- Check one: Individual Partnership ✓Corporation Corporations require two notarized signatures: One signature must be from the 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) By y vti B Notarize S .iat+dcaa 6h> +non-oF6>rdrd. Notarized Signature Sibitretary, ary; Pr sident or-anpViee-Prey dent Gf icer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On March 30, 2009 before me, Brenda sue Visser, Notary Public Date Here Imeri N irnc and mflp PI f hn Oftor personally appeared John M. Brudin and Michael J. Stearns Name(s)of Smarts) 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 Wsh&they executed the same in LxaJoLnartheir authorized capacity(ies), and that by bis/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �fIOAlrIE Vp�R C411WO m 1566622 1 certify under PENALTY OF PERJURY under the laws Mole YMft-col -ja I of the State of California that the foregoing paragraph is 61mditCady true and correct. MyCpPI�1.6ipI��Mey 1, WITNESS my band a official seal. Place Notary Seal Above Sign nun of Nnl,ry Pub1,, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Amendment No. 5 to Contract Services Agreement No. 5275 Document Date: Mars�h3O. 2009 Number of Pages: 9 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: John M. Brudin Signer's Name: Michael J. Stearns ❑ Individual ❑ Individual 9PI Corporate Officer—Title(s): President &Corporate Officer—Title(s). Secretary 11 Partner—❑ Limited ❑ General ❑ --_ Partner Limited ❑ General ❑ _ _Attorney in Fact 1019 7 Attorney in Fact ❑ Trustee Top of rhumn here ❑Trustee Top of thumb here ❑ Guardian or Conservator C7 Guardian or Conservator ❑ Other: ❑ Other. Signer Is Representing: Signer Is Representing: I;nEineerin QuT{�e9. of Pnnainaar•ing Rps urja q rye Southern California. Inc_ Southern California. Tnc. 02007 NiM1ornl Notary Aseoclallon•9350 De Soto Ave. PO Box 2002-Chaomorlh CA 91313-2402-v NobgniiNotaryorg�ltom 400T Reorder Call'roll-Free laao-37e-5327 AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 5275 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA CITY PROJECT NO, 05-20 The following articles of Agreement No. 5275 are hereby amended to read as follows: 2.1 Contract Sum The first sentence is amended to read. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C" and incorporated herein by this reference,but not exceeding the maximum contract amount of Six Hundred Sighty- Three Thousand One Hundred Seventy Dollars ($683,170.00) (herein "Contract Sum"), except as provided in Section 1.8. SCOPE OF SERVICES (Exhibit"A") - Please see attached sheet for additional work. SCHEDULE OF COMPENSATION (Exhibit"C") - Please see attached sheet. Purchase Order Number(s): 616349 Agreement Number 5275 Original MO Number: 7852 City Council Approval: May 3, 2006 Original Contract Amount: $ 295,480.00 Amount of Prior Increases: $ 356,525.00 Amount of This Increase. $ 31,165.00 Amended Total: $ 683,170.00 Account No.'s for this Increase. 135-4371-55006 SIGNATURES ON LAST PAGE 7 1- Agreement No. 5275 Amendment No 4 Page 2 EXHIBIT A is amended as follows: Add the following construction phase tasks: CONSTRUCTION SERVICES Pre-Cast Reinforced Concrete Box Structural Design— Prepare structural calculations, plans, details and specifications for the production and installation of pre-cast reinforced concrete box(PRCB). Services shall include.- Development of structural calculations for 12' x 6' and 8' x 5' PRCB sections and lift points of each section per preliminary Caltrans standard plans; Development of details for each PRCB section, lift points, alternative lift points, end joint details, end joint between PRCB and cast-in-place RCB, sealing band schematic, penetrations for manholes and knock-out details for junctions up to 30" in diameter; • Preparation of specifications for PRCB, based on draft specifications prepared by the APWA Subcommittee for PRCB design; • Meetings with RCFC representatives from Planning, Design and Construction to gain approval of the use of PRCB, establish design criteria and process to approval calculations, plans and specifications for the installation of PRCB. Value Engineering — Perform value engineering to determine appropriate revisions to the plans to eliminate curved sections of the alignment allowing for the use of PRCB and/or installation alignments resulting in less impact to traffic. Prepare revised plans of approved changes. EXHIBIT C is amended as follows: The following task line items are added to Exhibit C - Construction Services: Pre-Cast Reinforced Concrete Box Structural Design $20,765.00 Value Engineering $10,400.00 The total amount for Construction Services is amended to read. Total Construction Phase Services (Not to Exceed) $321,725 Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 5275 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk ?/tZrZ� Cityttr� A OVED AS TO FORM: NlPr p BY CITY COUNCIL C y Attorney C TRACTOR: Engineering Resources of Southern California,Inc. Check one,_Individual_Partnership Corporation Corporations requlre two notarized signatures: One signature must be from the 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) a vv w 13y Y ✓ 'C Notarized qgnature of-Gherr 4-6eald, Notarized Signature Se' tary, ,. t=;7, Presidentora^,,V4w .•&chat TreasF.• Date: February 9, 2009 ALL-PURPOSE ACKNOWLEDGMENT State of Cal-if arni a CAPACITY CLAIMED BY SIGNER County of Riverside ❑ INDIVIDUAL(S) M CORPORATE On February 9, 2009 before me, Brenda Sue Vi ac . . Note .y OFFICER(S) President & Sec. Public Date Name, Title of Officer TITLE(S) personally appeared John M. Brudin and Michael J. Stearns NAME(S) OF SIGNER(S) ❑ PARTNER(S) 0 ATTORNEY-IN-FACT x3 who proved to me on the basis of satisfactory evidence to be the person(s) ❑ TRUSTEE(S) whose name(s):isiare subscribed tothewithin instrument and acknowledgedto me ❑ SUBSCRIBING WITNESS that hPa,S /they executed the same in his/her/their authorized capacity(ies), and ❑ GUARDIAN/CONSERVATOR that by his/her/their signatures(s) on the instrument the person(s), or the entity ❑ OTHER 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 SIGNER IS REPRESENTING: that the foregoing paragraph is true an "GI /' IiRENDAIII'AssER Engineezing Resources of Wdnes my hand and " icia se I. eemmlulen# 1566522 NetcryPuhllo-CQINomlo Southern California, Inc. _VJ p Rlvmlw county Si nature ofNota MVC0mm.Fxgne1i ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Amendment No. 4 to Contract 5275 MUST BE ATTACHED TO THE DOCUMENT Number of Pages 3 DATEofDOCUMENT 2/9/2009 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above City Clerk, City Manager, City At orney AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO, 5275 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA CITY PROJECT NO. 05-20 The following articles of Agreement No. 5275 are hereby amended to read as follows: 2.1 Contract Sum The first sentence is amended to read: For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the"Schedule of Compensation"attached hereto as Exhibit"C"and incorporated herein by this reference, but not exceeding the maximum contract amount of Six Hundred Fifty- Two Thousand Five Dollars($652,005.00)(herein"Contract Sum"),except as provided in Section 1.8. 3.4 Term. The section is amended to read: Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until the earlier of the completion of the services, or December 31, 2010, unless otherwise extended by amendment. SCOPE OF SERVICES (Exhibit"A") - Please see attached sheets for additional work. SCHEDULE OF COMPENSATION (Exhibit"C") - Please see attached sheet. Purchase Order Number(s): 616349 Agreement Number, 5275 Original MO Number: 7852 City Council Approval: May 3, 2006 Original Contract Amount. $ 295,480.00 Amount of Prior Increases: $ 65,965,00 Amount of This Increase: $ 290,560.00 Amended Total: $ 652,005 00 Account No.'s for this Increase- 135-4370-55009, 135-4371-55010 SIGNATURES ON LAST PAGE Agreement No. 5275 Amendment No 3 Page 2 EXHIBIT A is amended as follows: Add the following construction phase tasks: PRE-CONSTRUCTION SERVICES Photo Survey - Perform an initial pre-construction photo survey and documentation of the existing conditions on both City and private property. Photo survey shall be used to protect the City's interest against claims outside the project limits and ensure the construction contractor replaces everything in kind that may be damaged as a result of the construction operations. CONSTRUCTION SERVICES Pre-Construction Meeting-Organize and coordinate a pre-construction conference with the construction contractor and sub-contractors, City staff, project designer, utility companies, and any other agencies required to attend. Prepare an outline for the pre-construction conference, reviewed and approved by the City. Construction Meetings - Regularly scheduled coordination and status meetings to review project status and budget;facilitate decision making; and discuss issues that have the potential of adversely affecting the project budget, schedule, or product. Contractor shall prepare meeting agenda in consultation with City project manager, distribute agenda prior to meeting, arrange for appropriate participants to attend, and distribute meeting notes for regular project status meetings and public meetings. Contract Documents - Interpret the intent of the plans and specifications to protect the City against defects and deficiencies on the part of the Contractor, and maintain the project budget and schedule. Labor Compliance- Perform labor compliance tasks, including verifying certified payrolls, subcontractor utilization, and labor interviews. Progress Reports-Prepare weekly and monthly progress reports and submit to the City. The reports will address the progress of the work, the project schedule, information/decisions required to maintain the schedule and complete deliverables, problems encountered that may affect schedule, budget, work products,anticipated work forthe following week and month,and should contain photographs documenting the progress of the work. Contractor Proposals - Evaluate construction contractor's cost-reduction proposals and provide recommendations to the City. Utility Coordination - Coordinate with the appropriate utility companies for work that affects its specific utility. Shop Drawings - Coordinate, document, and make engineering recommendations regarding shop drawings and their compliance with the plans and specifications for the City's and design engineer's approval. Project Submittals-Coordinate,document,and makeengineering recommendations regarding submittals and their compliance with the plans and specifications for the City's, regulatory agency's or design engineer's approval. Agreement No. 5275 Amendment No. 3 Page 3 Materials Testing -Coordinate, conduct, interpret, and supervise all required soils and material tests in accordance with applicable standards. Surveying- Provide review and approval of construction contractor's construction surveying and staking to ensure adequacy and accuracy. Construction surveying and staking will be the responsibility of the Contractor. Test Data - Review and make recommendations on manufacturer's shop or mill tests (or reports from independent testing laboratories)relative to materials,equipment, performance ratings, and concrete data as necessary to ensure conformance with the project specifications. Trench Safety- Provide engineering review and approval of construction contractor's sheeting, shoring and bracing drawings and calculations for compliance with the specifications and Cal OSHA Safety orders. Traffic Control- Review and make recommendations regarding all traffic control proposals, and inspect construction contractor's traffic control to ensure compliance with specifications and City standards. Safety - Conduct and document project safety meetings in accordance with the project requirements. Report all accidents, including property damage, and notify proper authorities. Document all incidents with photographs and written reports. Enforce Federal and State regulations for occupational safety and health standards for all construction activities. Final Inspection - Make final inspection of all construction, and provide written documentation indicating conformance with the plans and specifications and approved change orders. Progress Payments - Review monthly payment applications submitted by the Construction contractor, determine whether the amount requested reflects the progress of the construction contractor's work. Prepare progress payment reports and submit to the City for approval prior to distribution to the construction contractor. The reports will contain the total construction contract amount, payments to date, current requested payment, retainage, and the amounts owed this pay period. Project Records - Maintain at the project site all correspondence, memoranda, contract documents, change orders, claims, City and engineer directives, meeting minutes, shop drawings, supplementary drawings, and request for payment. Contractor will also maintain a current list of names, addresses and telephone numbers of the construction contractors, subcontractors, and principle material suppliers associated with the projects. To aide in the organization and efficiency of the project records Contractor establishes a filing system using the CalTrans Construction Manual as a guideline. Construction Schedules-Reviewthe construction contractor's baseline and monthly up dated schedules. Monitor the progress of the construction contractor's work and compare on a continual basis how the overall project schedule is being affected. Notify the City immediately as to any events or conditions which may cause delays to the completion date of the project. Construction Coordination - The project manager on the project is responsible to act as a liaison between the inspector, construction contractor, City, Riverside County Flood Control and Water Conservation District, surveyors, material testers, utility companies and other project consultants. The project managerwill stay in direct contactwith the City supplying requested project information and support. The project manager will coordinate the implementation of the City approved changes with the design engineer. Agreement No.5275 Amendment No 3 Page 4 Storm Water Pollution Prevention&PM-10 Plans-The resident engineer will ensure a prompt submittal from the construction contractor for the storm water pollution prevention plan (SWPPP) and local PM-10 Plan. Once the SWPPP and PM-10 plans are approved the resident engineer will cooperate with the monitoring agency in regard to inspections and field reviews. Contract Change Orders-The resident engineer will receive and evaluate the construction contractor's request for a change or substitution. Acceptable contract changes will be submitted to the City for approval and will be accompanied by the resident engineer's recommendation. The resident engineer will coordinate scope of requested change order with the design engineer. Upon the City's approval the resident engineer will negotiate and prepare appropriate contract change orders. All unnecessary change orders will be avoided. The preferred method of payment for City approved change orders are as follows, Agreed Lump Sum Adjustment in Compensation at Bid Item Price Adjustment in Compensation at Agreed Unit Price Time and Materials or Force Account Claims-The resident engineer will identify all potential claims, track and monitor unresolved claims and implement claims avoidance processes at all times. The resident engineer will assist the City, as requested,in the identification, resolution,and final disposition of claims filed by the construction contractor or third parties against the City or the project. Construction Inspection -The resident engineer will coordinate all required inspections necessary for the project, in accordance with CalTrans Standard Specifications and Plans, Work Area Traffic Control Handbook (WATCH), State of California Construction Safety Orders (CalOSHA), and the Standard Specifications for Public Works Construction (Greenbook) Inspectors will be required to perform daily on-site observations of the progress and quality of construction to determine if the work being performed is in general conformance with the contract documents and all applicable laws, codes and ordinances. Inspectors will prepare complete and accurate daily reports, calculations, project records, progress payment quantities, reports and correspondence related to the project activities. Night inspections for advanced night work approved by the City shall be provided. Cost and Schedule-The resident engineer will be responsible for tracking and monitoring contract pay item quantities and payments, contract change orders, supplemental work items, agency furnished materials, contingency balance, and overall project budget. Permits-The resident engineer will insure that all necessary permits are obtained. The resident engineer will assist the City in the coordination, timely processing and verification of approval for all permits. POST-CONSTRUCTION SERVICES Record Drawings-Coordinate preparation by the construction contractor one set of record drawings with "As built" corrections. The record drawings will be prepared on original, full-size mylars by the engineer responsible for the work. Contract Records - Provide the City with the original set of construction documents cataloged in accordance with applicable construction management and project administrative practices, including all documentation, correspondence, diaries, contract documents, labor compliance, etc. The documents are to be boxed in storage boxes supplied by the Contractor. Agreement No 5275 Amendment No 3 Page 5 Punchlist- Contractor shall keep an active list of items which need to be completed or corrected by the construction contractor for final completion of the project. This list will need to be completed before the resident engineer will request a final payment from the City. Contractor shall also conduct the final walk through with the City, construction contractor, and design engineer after the puchlist items have been satisfactorily completed. Agreement No. 5275 Amendment No,3 Page 6 EXHIBIT C is amended as follows. The following compensation specific to the Construction Phase shall be added, as follows: Payment for services rendered under this Agreement shall be paid on a not to exceed, on a per-hour basis, as follows: Project Construction Soils/Materials Project Total Total Manager/Office Inspector Technician Engineering/ Hours Cost Engineer Management Task Description $130 $100 $77 $155 1 Pre-Construction Services 16 16 24 0 56 $5,528 2 Construction Services 320 960 936 20 2,236 $212,772 3 Post-Construction Services 24 60 0 14 98 $11,290 Total Hours 360 1,036 960 34 2,390 Professional Fees $46,800 $103,600 $73,920 $5,270 $229,590 Overtime Construction Inspector-240 hours @ $119!hour $28,560 Field Technician - 160 hours @ $115/hour $18,400 Reimbursable Expenses $2,800 Laboratory Testing Costs $11,210 Total Construction Phase Services (Not to Exceed) $290,560 The City reserves the right to re-allocate hours between the tasks,to address changes to services required during the progress of the work, including increases to task amounts, provided, the total not to exceed amount is not exceeded. Fees include all reimbursable expenses, unless as otherwise specifically shown. Laboratory testing costs shall be reimbursed up to the total amount not to exceed, subject to review and approval of receipts for invoiced laboratory testing. Compensation shall be paid monthly, based on submitted invoices showing hours charged to each task, and receipts for reimbursable or other direct expenses. Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 5275 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation By''� + By:� —� City Clerk City Manager APPROV D AFa rO FORM- APPROVED APPROVED BY CITY COUNCIL Y If C(Ity Attorney CONTRACTOR: Engineering Resources of Southern California, Inc. Check one._Individual_Partnership xCorporation Corporations require two notarized signatures One signature must be from the Chairman of Board,Presldenl,or any Vice President The second signature must be from the Secretary Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer) Sohn M. rudi , P.E. V"'Michael. J. Stearns, P.E. � By. By 9 1 Notanie Signature of£+�ammarrvf-Bvarit- Notarized Signature S retary,Asst-Seefzetery, Pre ident-artZ"ee-QFestder,: -��eeserfw,,4ssHreaserer-er-:tea;-6�raras�aF-Qf c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On May 30, 2008 before me, _ Brenda Sue Visser, Notary Pu61ic Date Hern In-err Nama antl I IOe of ine Olticer personally appeared John M. Brudin and Michael J. Stearns Names)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 bu4sht;/they executed the same to bL51iur/their authorized capacity(les), and that by hWhar/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 WITNESS my hand and official seal. Plncn Notary Sea Signaturel Above Synawm of Nor�ry PcbLc OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulenr removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Amendment No. 3 to Contract Services Agreement No. 5275 Document Date:_- May 30, 2008 _ Number of Pages: 7 Signer(s) Other Than Named Above: Palm Springs City Clerk, City Manager, City Attorney Capacity(ies) Claimed by Signer(s) Signer's Name John M. Brudin Signer's Name: Michael J. Stearns ❑ Individual ❑ Individual 2�7 Corporate Officer—Title(s): President x3 Corporate Off icer—Title(s): Secretary ❑ Partner—❑ limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact - ❑Attorney in Fact - n Trustee TOP 01 thurrlb here ❑Trustee Tap Of ihpm0 Iran ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Engineering Resources of Engineering Resources of Sgjthern California., Inc, Southern Cal ifarra;a_ 7nr. 02007 NOLon7l Notary Assocnlion•9350 De Soto Ave. PD Sox 2402-Chubv rth,CA 91313-2402-w wNaSonalNomryorg Ilcm 45907 Reomer.C9IMII-Free 1-BOM75-6827 , AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5275 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA CITY PROJECT NO. 05-20 The following articles of Agreement No. 5275 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Three Hundred Sixty-One Thousand Four Hundred Forty-Five Dollars ($361,445.00). SCOPE OF SERVICES Exhibit "A" - Please see attached sheets for additional work. SCHEDULE OF COMPENSATION (Exhibit "C") - Please see attached sheet. Purchase Order Number(s): 616349 Agreement Number: 5275 Original MO Number: 7852 City Council Approval: May 3, 2006 Original Contract Amount: $ 295,480.00 Amount of Prior Increases: $ 46,930.00 Amount of This Increase: $ 19,035.00 Amended Total: $ 361,445.00 Account No. for this Increase: 135-4371-55010, $19,035.00 SIGNATURES ON LAST PAGE Agreement No. 5275 Amendment No.2 Page 2 EXHIBIT A is amended as follows: Add the following: Task 1.2A - Baristo Channel Survey Provide topographic survey and mapping of the Baristo Channel from the proposed Line 8 outlet downstream as necessary to provide hydraulic analysis of the Baristo Channel for RCFC evaluation of the Line 8 design. Add the following to Task 1.4, Preliminary Design: Contractorshall prepare alternative horizontal and vertical designs forthe proposed Line 8 flood control improvements from Baristo Channel to Ramon Road for RCFC evaluation. Add the following: Task 1.5A, Engineering Report(Line 8 Alternatives) Contractor shall prepare a report outlining the outcome and recommendations of the proposed analysis of alternative horizontal and vertical designs for the proposed Line 8 flood control improvements from Baristo Channel to Ramon Road for RCFC evaluation. The report will provide written dialog on the intent of the study, including methods, criteria, existing facilities' descriptions, hydrology calculations, hydrology map, preliminary hydraulic calculations, preliminary plan and profile for the proposed flood control improvements, design mitigation and a description of any necessary rights-of-way. Add the following to Task 2.3, Plans, Specifications and Estimates: Line 8 Alternatives (Baristo Channel to Ramon Road) f Agreement No. 5275 Amendment No.2 Page 3 EXHIBIT C is amended as follows: The first paragraph of Exhibit C is incorporated herein by reference and shall remain in full force and effect. The lump sum task items and amounts are revised as indicated below. Task Total Lump Sum PHASE 1 - PRELIMINARY ENGINEERING Task 1.1, Record Data $2,540-00 Task 1-2, Mapping $52,060.00 Task 1.2A, Baristo Channel Survey $1,700.00 Task 1.3, Hydrology $5,460-00 Task 1.4, Preliminary Design Line 6A $6,560.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $12,440,00 Line 8 (Tahquitz Canyon Way to Andreas Road) $2,720-00 Line 8 Alternatives (Baristo Channel to Ramon Road) $5,620.00 Lateral 20C $8,350.00 Lateral 20CA $5,020-00 Task 1.5, Engineering Report $7,680.00 Task 1-5A, Engineering Report (Line 8 Alternatives) $1,980.00 Task 1.6, Processing $2,900.00 Task 1.7 AgencV Coordination 2 260.00 Phase 1 Subtotal $117,920.00 PHASE 2 - FINAL ENGINEERING Task 2-1, Geotechnical Engineering $19,940.00 Task 2.2, Potholing Coordination & Survey $13,770,00 Ssf-R-Dig Potholes $81,750-00 Task 2.3, Plans, Specifications and Estimates Line 6A $15,040.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $29,720.00 Line 8 (Tahquitz Canyon Way to Andreas Road) $4,000.00 Line 8 Alternatives (Baristo Channel to Ramon Road) $9,735.00 Lateral 20C $20,140-00 Lateral 20CA $11,220,00 Specifications $6,000.00 Estimates $3,820-00 Task 2-4, Storm Water Pollution Prevention Plan $6,000.00 Task 2.5, Fugitive Dust (PM-10) Control Plan $5,400.00 Task 2.6, Processing $2,260-00 Task 2-7 Agency Coordination 3 980.00 Phase 2 Subtotal $232,775.00 PHASE 3 - POST DESIGN SERVICES Task 3.1, Construction Phase Support $7.380.00 Phase 3 Subtotal $7,380.00 Reimburseables (not to exceed) $4,000.00 Grand Total of Contract $361,445.00 Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. 5275 remain in full force and effect. ATTEST_ CITY OF PALM SPRINGS, a municipal corporation Br- City Clerkk, ^ ��8/ g City Man get -APPROVED FORM: APPROVED By CITY COUNCIL Sy. / ��•`�1 0 / i y orney CONTRACTOIR: Check gnu:_Individual `Partnership x Corporation CorpoZPrsidem arrzed sienawres: one signature must be from the Chairman of Board,President, or any Vice President. The seconom the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Pmancial Officer). 12- By: 1ti By. Signature of Chairman of Board, Notarized Signamr ecre[ary,Asst Secretary, or any Vice President Treasurer, Asst treasurer or Chief Financial Officer Name! John M. Brudin, P.E. Name: Michael. J. Stearns P.E. Tide: President Tide: Secretary stareof Californial SWrcof California) County of Riverside Iss County of Riverside Iss on 11/16/a76reme,Brenda Sue Visser orill/16/07hef'orcmc,Brenda Sue Visser , personally appeared John M. Brudin, P.E. personally appeared Michael J. Stearns, P.E. personally known to me(m proved to me on the basis of satisfactory personally known m nre(or proved to me on the basis of satisfactory evidence)to be the person(')whose namc(ti5 islaYc subscribed to the evidence)to be the pernonki)whose name(4 is/a&subscribed to the within instrument and acknowledged to me that he/Ayy&imxextcuted within instrument and acknowledged to me that heb3iXkftcxccuTcd the same in his/120itatKauchonzcd capacrry(tnX and that by the same in hi-,ftitMaim authorized capacity(" and that by hislhcrtrhrdre signature(a on the instrument the person, or the his/b&A=36gpaturC]b$on the instrument the personk), or the entity upon behalf of which die person(sT acted, executed the entity upon behalf of which die persorrpy acted, executed the instrument. instrument WITNESS my-hand anif official seal. ��////� WITNESS my hand and-lfGui heal. \, !Notary Y E=�� �� Notary signature: Notary Seal: Norary Seal: rRE1�A ill&VNfO! i �RETAVI SUE V6SER CatfndrKn f 1566W _ Cag=PUb1 Irt i5ep622 RM�cotNty RhrtINdM -mroy fYa MYct+mm.WOW MpY 1,Z00 MYCarm.E aWUW I, AMENDMENT NO, 1 TO CONTRACT SERVICES AGREEMENT NO. 5275 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. PALM SPRINGS STORM DRAIN LINE 6A, 8, LATERAL 20C, AND LATERAL 20CA CITY PROJECT NO. 05-20 The following articles of Agreement No. 5275 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Three Hundred Forty-Two Thousand Four Hundred Ten Dollars ($342,410.00). SCOPE OF SERVICES Exhibit"A" - Please see attached sheets for additional work. SCHEDULE OF COMPENSATION (Exhibit "C")- Please see attached sheet. Purchase Order Number(s): 616349 Agreement Number: 5275 Original MO Number: 7852 City Council Approval: May 3, 2006 Original Contract Amount: $ 295,480,00 Amount of Increase: S 46,930.00 Amended Total: 5 342,410.00 SIGNATURES ON LAST PAGE V Agreement No.5275 Amendment No 1 Page 2 EXHIBIT A is amended as follows: Task 2.2 is revised to read: Task 2.2-Potholing After acceptance of the preliminary alignment for each storm drain,available as-built plans will be obtained from the utilities to identify potential crossings and conflicts with subsurface utilities. Once the key critical crossings and conflicts have been identified and marked in the field, Contractor shall locate existing subsurface utilities by potholing. Based on final conceptual plans prepared by Contractor, all areas of crossings and conflicts have been identified; the final number of potholes required for the final design of each storm drain line is as follows Oriainal # Final # Line 6A: 8 38 Line 8: 28 47 Lateral20C/20CA: 10 28 After f eld survey personnel acquire the horizontal location,the utility data will be used to verify the location, size and type of facilities shown on the plan sheets. Vertical data will be used to plot the utilities in profile and aide in the design of the vertical location of the storm drain and laterals as the construction drawings advance to 75 percent complete. Once the profile has been developed and various options have been evaluated, utility conflicts will be identified and summarized in a matrix giving the street name, storm drain station and type and size of utility impacted by the proposed storm. Plans showing utility conflicts identified as noted above will be provided to the City of Palm Springs, in addition io the utility company whose facilities require modification or relocation. This will constitute the second utility notification. Subsequent notifications will be forwarded to affected utilities with the 95percent complete and final submittals. Agreement No.5275 Amendment No. 1 Page 3 EXHIBIT C is replaced with the following: Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on costs per unit or work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75%of the lump sum task item fee until completion of such task item. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgement of the Contract Officer. Task Total Lump Sum PHASE 1 -PRELIMINARY ENGINEERING Task 1.1, Record Data $2,540.00 Task 1.2, Mapping $52,060.00 Task 1.3, Hydrology $5,460.00 Task 1.4, Preliminary Design Line 6A $6,560.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $12,440.00 Line 8 (Tahquitz Canyon Way to Andreas Road) $2,720.00 Lateral 20C $8,350.00 Lateral 20CA $5,020.00 Task 1.5, Engineering Report $7,680.00 Task 1.6, Processing $2,900.00 Task 1.7, Agency Coordination $2.260.00 Phase 1 Subtotal $107,990.00 PHASE 2 - FINAL ENGINEERING Task 2.1. Geotechnical Engineering $19,940.00 Task 2.2, Potholing Coordination & Survey $13,770,00 Saf-R-Dig Potholes $81,750.00 Task 2.3. Plans, Specifications and Estimates Line 6A $15,040.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $29,720.00 Line 8 (Tahquitz Canyon Way to Andreas Road) $4,000.00 Lateral 20C $20,140.00 Lateral 20 CA $11,220.00 Specifications $6,000.00 Estimates $3,820.00 Task 2.4, Storm Water Pollution Prevention Plan $6,000.00 Task 2.5, Fugitive Dust (PM-10) Control Plan $5,400.00 Task 2.6, Processing $2,260.00 Task 2.7 Agency Coordination S3,980.00 Phase 2 Subtotal $223,040.00 PHASE 3 -POST DESIGN SERVICES Task 3.1, Construction Phase Support _ $7,380 00 Phase 3 Subtotal $7,380.00 Reimburseables (not to exceed) $4,000.00 Grand Total of Contract $342,410.00 . 4 Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 5275 remain in full force and effect- -: _ = ATTEST: CITY OF PALM SPRINGS, a municipal corporation By- B% , ��1,� City Clerk City Manager l� aa�e APPROVED TO FORM: APPROVED By CITY COUNCIL By: ��Poa l j fyA orney CONTRACTOR: cck one: `Individual_Partnership x Corpomnon Corporations rcquhr•two a tamed signatures' Ono signature mustbe from the Chairman of Board,President,or any Vlee Pi csidsnt.The sccoud signature mast be om lh Secretary, Assistant Seelotory, Treasurer,Assistant Trcasurcr, or Chicf Financia OflXer). By: By: Nora ized Signature of Chairman of Board, Norari-red Signami-3 S cr Cary, Assr Secretary, PieSidC111 or any Vice President Trcasurcr, Asst trc:tsnrer Chief Financial Officer Nirr,e: John M. Brudin, P.E. Name Michael J. Stearns, P.E. Title, President Title Secretary Sancti, California stawof California County of I�lVeTsl e{ss Cnunryvf 1Versl eis$ on2/26/Uforemc, Brenda Sue Visser On2/26/07bcfore me,Brenda Sue Visser, personally appeared John M. Brudin personally appemcd Michael J. Stearns personally known to me(or proved tome on the basis ofsaisfacrory personally known to me(or proved to me on the basis of saiisfnetory evidence)to be die person(R5 whose name(gl ibed to the evidence)to be the pemonk)whose namy(F)isrgp-subscribed to the within msmtineat and acknowledged to me that heZ93K- RXcxeeucd within mcnllment and acknowledged to Inc that he/m=18 executed the sane in I11aUXK-•R authorized capacir%= and that by the same in hls/6CHIBSN[r authorized capacity(r ET and that by hhslkkdjdsignamre(s;Zon the mammnicnt the parson(s) or the entity his&crkbgKsimliru W on the Instrument the porsonku),or the entity upon behalf of whroh the personRQ acted, csacutcd the matrument. upon behalf of which the persorWgS icted, executed the instrument WITNESS my Ihanrl.9n v rat seal / WITNESS my hint and cial seal. /J Notary tgna� -.--S��'d�[�-V.YLCLtG{� Notary Sign•tLuteC,n�,e:C'.Cs[l Notary Seal: Notary Seal- HISIVA SIX 11 t MIE1'W SIX V1116Q CameYMlalt 11566M •1566M mvemhmcom"m ►Rv a*Aft-calbtrro y My cam».eww6 Mov 1, to, VCamn.6'�YwM�oy 1.200o➢b Engineering Resources of So. Cal., Inc. Storm Drain Svcs. CP 05-20 AGREEMENT 5275 MO 7852, 5-3-06 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, AND LATERAL 20C AND LATERAL 20CA City Project 05-20 THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this `till.k day of >,,r 2006, by and between the City of Palm Springs, a California charter city, (herein "City") and Engineering Resources of Southern California, Inc., (herein"Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit"A"and incorporated herein bythis reference,which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal, The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement,the terms of ths Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses,permits and approvals as maybe required by lawforthe performance of the services required by this Agreement. Contractor 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 Contractor's performance of the 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 Contract, Contractor warrants that Contractor(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, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractorshall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life 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 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180)days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the; provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit"B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Hundred Ninety-Five Thousand Four Hundred Eighty Dollars ($295,480.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance -2- with the percentage of completion of the services,(iii)payment for time and materials based upon the; Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract:Sum or(iv) such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved bythe Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings. Contractor 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 Contractor anticipates, that Contractor shall not be entitled to additional compensation therefore, and the provisions of Section 1.8 shall not be applicable for such services. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (V) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the; invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor 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"attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Maleure. 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 Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods, epidemics,quarantine restrictions, riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer 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 Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. -3- 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Matt Brudin It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereundershall 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 Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. 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 approval 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 Contractor, 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. The City's policy is to encourage the awarding of subcontracts to persons or entities with offices located within the jurisdictional boundaries of the City of Palm Springs and, if none are available, to persons or entities with offices located in the Coachella Valley ("Local Subcontractors"). Contractor hereby agrees to use good faith efforts to award subcontracts to -4- Local Subcontractors, if Local Subcontractors are qualified to perform the work required. In requesting for the City to consent to a subcontract with a person or entity that is not a Local Subcontractor, the Contractor shall submit evidence to the City that such good faith efforts have been made or that no Local Subcontractors are qualified to perform the work. Said good faith efforts may be evidenced by placing advertisements inviting proposals or by sending requests for proposals to selected Local Subcontractors. The City may consider Contractor's efforts in determining whether it will consent to a particular subcontractor. Contractor shall keep evidence of such good faith efforts and copies of all contracts and subcontracts hereunder for the period specified in Section 6.2. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees,servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in anyway or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185)or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodilyand property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance.Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". -5- All of the above policies of insurance shall be primary insurance and issued by companies whose rating satisfies the requirements in Section 5.4 of this agreement. The insurershall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance,endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the: subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers,agents or employees,who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or -s- employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractorshall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best 's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor 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. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor 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 Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the: project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and 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 times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the: services hereunder, and the City shall have access to such records in the event any audit is required. -7- 6.3 Ownership of Documents. All drawings,specifications,reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor 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 uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the::City shall indemnifythe Contractorfor all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and 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. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring parry, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (1 Q)days of service of such notice and completes the cure of such default within forty-five (45)days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the; provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's orthe Contractor's rightto terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) ,all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without -8- liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractorto insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are curnulative 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. 7.6 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. 7.7 Liquidated Damages. Since the determination of actual damages for delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, where no extension or other amendment has been made to this Agreement or the schedule and where the delay has resulted solely from the lack of performance by Contractor,the Contractorshall be liable for and shall pay to the City the sum of: $50.00 per day as liquidated damages for each of the first ten (10) working days Contractor's performance is completed after the scheduled completion date; $75.00 per day as liquidated damages for each of the next ten(10)working days Contractor's performance is completed after the:scheduled completion date; and $100.00 per day as liquidated damages for each working day thereafter that Contractor's performance is completed after the scheduled completion date. The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to -9- compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages),and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against orsegregation of, any person or group of persons on account of race,color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and -1 o- that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.01 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements,agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. (SIGNATURES ON FOLLOWING PAGE) -11- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS, a municipal corporation ATTEST: City Clerk City Mana r- r 9 APPROVE® BY CITY COUNC ,/APPROVED, AS TO FORM: By: City Attorney CONTRACTOR: Engineering Resources of Southern California, Inc. Check one: Individual_Partnership -2L Corporation_Other(Specify) By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or one of the following:Secretary,Chief Financial Officer or any Vice President) any Assistant Treasurer) State of I State of I County of Iss County of Iss On On before me, before me, personally appeared personally appeared personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedlheir authorized helshelthey executed the same in his/her/their authorized capacily(ies), and that by his/her/their signature(s) on the capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s),or the entity upon behalf of which the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal Notary Seat -12- IN 'WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS, a California charter city ATTEST: By: By: City Clerk City Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: EA ineering Resources of Southern California, Inc. Check one:_Ind' id al_Partnership ,T Corporation_Other(Specify) Eiy: ` 1 " �— By: J�rv�L�.�x Signature (notarized) SignatdrA(notarized) Name: John M. Brudin, P.E. Name: Michael J. Stearns, P.E. Title: President Title: Secretary (This Agreement must be signed in the above space by This Agreement must be signed in the above space by one of the following:Chairman of the Board, President or one of the following:Secretary, Chief Financial Officer or any Vice President) any Assistant Treasurer) State of California ) State ofCalifornia CountyofRiverside Iss Countyof Riverside Iss On March 31, 2006 on March 31, 2006 beforeme, Brenda Sue Visser, Notary Publimeforeme, Brenda Sue Visser, Notary Public personally appeared John M. Brudin personally appeared Michael J. Stearns personally known to me personally known to me ¢otcPi,�zer4ctox���xkbs�ctvasisxat safD;59e my2iwdsmm3¢to be the person(s)whose nsme(sJ is/acT. asxhsftucta mataosad to be the person(s6 whose name(x)is/am subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/5jXAkE 4 executed the same in his/,/knK authorized he/stntt' my executed the same in his/kerkmir authorized capacityoM){ and that by his/hwiteek signatures on the capacitygams and that by hislhstkilk signatursy* on the instrument the person�'s), or the entity upon behalf of which the instrument the persorii�4 or the entity upon behalf of which the person(s�acted,executed the instrument. person(sf acted,executed the instrument. WITNESS my hand and officia sl sl eat. / / WITNESS my hand and officjal a., / Notary Signature: e�4,ac7r'. L!l E.i'��.�� Notary Signatur —LL��-•�='(/>� Notary Seal Notary Seal IN 41 sir 16K9"Sue VWR 911EFO�t'�llE YK3ER l":a11fMI11Nid1#1Sbda2Z CarinWNon#i+5b6622 Nalary HNfIIC-CdfonAO O(�t�t1b Wr"F WCIPNry MNConwt.6�INb1Mny1, 0111111 .blpwm111 y1,' -12- EXHIBIT "A" SCOPE OF SERVICES GENERAL SCOPE — The intent of this contract is to provide the City with engineering design services to accomplish the construction of regional flood control facilities identified as "Line 6A" in Sunrise Way, from Vista Chino to Via Escuela (approximately one-quarter mile), consisting of 42" diameter RCP storm drain, catch basins, connector pipes and appurtenances; identified as "Line 8" in Sunrise Way, from the Baristo Channel to Tahquitz Canyon Way(approximately 3,350 feet) consisting of: 1,150 feet of 12' wide by 4' high RCB storm drain; 900 feet of 84" diameter RCP storm drain; 1,300 feet of 81"diameter RCP storm drain; catch basins, connector pipes and appurtenances; "Line 8" in Sunrise Way, from Tahquitz Canyon Way to Andreas Road (approximately one-eighth mile) consisting of 660 feet of 66" diameter RCP storm drain, catch basins, connector pipes and appurtenances; "Lateral 20C" in El Cielo Road, from Ramon Road to Baristo Road (approximately one-quarter mile) consisting of 75" diameter RCP storm drain, catch basins, connector pipes and appurtenances; and "Lateral 20CA" in Baristo Road, from El Cie:lo Road to Compadre Road (approximately one-quarter mile) consisting of 660 feet of 45" diameter RCP storm drain; 660 feet of 39" diameter RCP storm drain; catch basins, connector pipes and appurtenances. The Scope of Services as detailed herein shall provide the City with complete engineering plans,specifications and estimates(PS&E)approved through the Riverside County Flood Control and Water Conservation District (RCFC) with which to facilitate future construction of the desired improvements. PHASE I - PRELIMINARY DESIGN Task 1.1 - Record Data Contractor shall compile record data related to the development of flood control projects within public rights-of-way. The data to be acquired includes existing master plan hydrology, recorded tract and parcel maps, easements, record drawings for street and utility improvements, record drawings for existing master plan drains and channels, record drawings for local storm drain improvements and private development grading plans,traffic signal plans and other datathat may affect the development of the proposed flood control facilities, such as tributary runoff from adjacent properties and streets, soil transport from vacant parcels, etc. Task 1.2- Mapping Using record maps, easements and right-of-way documents acquired during the collection of the record data, Contractor shall develop a basis of bearing and existing right-of-way map for each of the proposed flood control projects. Using this data, Contractor shall prepare topographic surveys of the proposed alignments for vertical and horizontal control of the construction document package, with a special eye toward focusing on contour of the adjacent properties and existing culture. Accepted City benchmarks will also be established for vertical control of the project, and the individual reaches of the project wil9 be tied into a consistent vertical control datum. Above ground culture will include adjacent property topography, curb and gutter, cross gutters, futility appurtenances, power poles, signal poles, detector loops, vaults, structures, and other items that may interfere with the proposed storm drain alignment or be destroyed or impacted during construction. Design topography will be developed at a scale of 1 inch equals 20 feet with a one foot contour intervals. Topographic mapping will be completed under the guidelines of the Riverside County Flood Control District. -13- EXHIBIT "A" SCOPE OF SERVICES Task 1.3 - Hydrology Using Master Plan hydrology acquired from the Flood Control District, Contractor shall determine design flows for the proposed flood control improvements at critical points along the alignments within Sunrise Way, El Cielo Road and Baristo Road. Design flows will be determined using Area Ratio Calculations outlined in the Los Angeles County Flood Control District Hydraulic Design Manual. Task 1.4 - Preliminary Design Contractor shall prepare preliminary horizontal and vertical design for the proposed flood control improvements within each alignment in Sunrise Way, El Cielo Road and Baristo Road. The horizontal and vertical alignments will be based on record data, topography and mapping compiled during previous tasks. This includes the preparation of preliminary plan and profile drawings (approximately 35 percent complete) in accordance with current design and drafting guidelines of the Riverside County Flood Control and Water Conservation District. Preliminary hydraulic calculations for the proposed flood control improvements shall be prepared for each alignment in Sunrise Way, El Cielo Road and Baristo Road. The preliminary calculations will give consideration to concentrated discharges from developed or improved land and uncontrolled flows leaving undeveloped or unimproved vacant land, flows at street intersections, junctions with other local and regional facilities, outlet structures and the hydraulics of the proposed flood control facilities at the downstream and upstream end of the project. Task 1.5- Engineer's Report Contractor shall prepare a report outlining the outcome and recommendations of the proposed analysis. The report will provide written dialog on the intent of the study, including methods, criteria, existing facilities' descriptions, hydrology calculations, hydrology map, preliminary hydraulic calculations, preliminary plan and profile for the proposed flood control improvements, design mitigation and a description of any necessary rights-of-way. Task 1.6 - Processing Contractor shall submit and process the Engineer's Report for the proposed flood control improvements within Sunrise Way, El Cielo Road and Baristo Road. The Engineer's Report will be submitted to the Riverside County Flood Control and Water Conservation District for formal review. All data and reports provided to the Flood Control District will also be provided to the City of Palm Springs as information. Task 1.7-Agency Coordination Contractor shall attend meetings, as noted, with the public agencies affected by the proposed project, including: 1. The Riverside County Flood Control and Water Conservation District; and, 2. The City of Palm Springs. Additional coordination meetings will be held with utility companies that are impacted by the proposed storm drain improvements. The intent of these meetings is to inform the various utilities of any relocation requirements for determining relocation costs and scheduling and to obtain comments and permit criteria from the resource agencies. -14- EXHIBIT "A" SCOPE OF SERVICES PHASE II — FINAL ENGINEERING Task 2.1 - Geotechnical Engineering Contractor shall prepare a geotechnical evaluation of the various storm drain alignments within Sunrise Way, El Cielo Road and Baristo Road. Subsurface evaluations will consist of advancing and logging approximately 16 small diameter borings to a depth of approximately 10 feet below the pipe invert, or approximately 20 to 30 feet below the existing surface. Boring logs will provide specific detail related to the thickness of existing pavement and base material and the type and condition of subsurface soils. Based on the subsurface evaluation and subsequent analysis, the report will provide conclusions and recommendation for foundation excavation and treatment, backfill characteristics, trench wall stability, sand equivalent values, soil density, expansive soils, shrinking and subsidence, corrosion protection, compaction, trench shoring and pavement recycling. Based upon the field and laboratory investigation, a Geotechnical Report will be developed providing the geotechnical engineer's conclusions and engineering recommendations to be applied to the design of the proposed flood control improvements. Task 2.2 - Potholing After acceptance of the preliminary alignment for each storm drain, available as-built plans will be obtained from the utilities to identify potential crossings and conflicts with subsurface utilities. Once the key critical crossings and conflicts have been identified and marked in the field, Contractor shall locate existing subsurface utilities by potholing. Based on a preliminary review of plans made available from City of Palm Springs files, potential areas of crossings and conflicts have been identified for the purpose of scoping this task in the proposal. However, once alignments and utility locations have been more accurately identified for design purposes,the final number of pothole surveys will be quantified. For this proposal, an estimated number of potholes have been allocated to each storm drain line as follows Line 6A: 8 Line 8: 28 Lateral 20C: 6 Lateral 20CA: 4 The actual numberof potholes necessary to properly identify existing utilities may vary depending on final utility research and the preferred storm drain alignments; a contract amendment will be processed in the event a greater number of potholes is necessary. After field survey personnel acquire the horizontal location, the utility data will be used to verify the location, size and type of facilities shown on the plan sheets. Vertical data will be used to plot the utilities in profile and aide in the design of the vertical location of the storm drain and laterals as the construction drawings advance to 75 percent complete. Once the profile has been developed and various options have been evaluated, utility conflicts will be identified and summarized in a matrix giving the street name, storm drain station and type and size of utility impacted by the proposed storm. .15- EXHIBIT "A" SCOPE OF SERVICES Plans showing utility conflicts identified as rioted above will be provided to the City of Palm Springs, in addition to the utility company whose facilities require modification or relocation. This will constitute the second utility notification. Subsequent notifications will be forwarded to affected utilities with the 95 percent complete and final submittals. Task 2.3 - Plans, Specifications and Estimates Based upon the approved preliminary design, Contractor shall prepare contract documents for the proposed flood control improvements meeting the requirements of the Riverside County Flood Control and Water Conservation District along the following alignments: Line 6A: Sunrise Way from Vista Chino to Via Escuela Line 8: Sunrise Way from the Baristo Channel to Tahquitz Canyon Way Line 8: Sunrise Way from Tahquitz Canyon Way to Andreas Road Lateral 20C: El Cielo Road from Ramon Road to Baristo Road Lateral 20CA: Baristo Road from El Cielo to Compadre Road Improvement plans will be prepared at a scale of 1-inch equals 20-feet and will include a Title sheet, plan and profile sheets and detail sheets for inlet and outlet grading, hydraulic structures and spillway sections. Specifications accompanying the construction drawings will also be prepared per the requirements of the Riverside County Flood Control and Water Conservation District as augmented by the City of Palm Springs boiler plate, format and criteria. This task is limited to the preparation of Special Conditions (Section 10) and Bid Sheets. The final specification package will be assembled by the City of Palm Springs. Task 2.4 - Storm Water Pollution Prevention Plan The Regional Water Quality Control Board currently requires notification of construction activity for public works projects that normally require coverage under the SWRCB Construction Activity Permit (General Construction Permit). As this project will exceed the five-acre threshold (as calculated underthe linear permit criteria), a Storm Water Pollution Prevention Plan(SWPPP)will be prepared for use by the contractor during construction. The SWPPP will be developed per the State Storm Water Quality Handbook, 2003 edition,to develop consistent BMP programs meeting both state and local NPDES requirements. Structural and non-structural best management practices to be employed during construction will focus on the potential discharge of sediments and pollutants from the construction zone, Therefore, the plan will provide suggested measures for controlling erosion on excavated surfaces, transport of sediment from on and offsite areas, and containment from construction waste and contractors maintenance activities. Task 2.5 - Fugitive Dust (PM-10) Control Plan Underthe current Coachella Valley dust control ordinances, a Fugitive Dust Control Plan may be necessary to provide guidelines to the contractor for PM-10 dust control methods and requirements during construction. The necessary documentation for this component of the contract plans and specification package will be completed in conformance with the guidelines provided by the City of Palm Springs. -16- EXHIBIT "A" SCOPE OF SERVICES Task 2.6 - Processing Construction drawings and specifications will be submitted to the Riverside County Flood Control and Water Conservation District for review and comment at 75, 95 percent complete. Upon approval of the final design, Contractor shall provide one(1) set of signed and sealed mylars, one (1) bound copy of the project specifications and one (1) camera read copy for reproduction, and one (1) set of construction cost estimates. Each submittal will include hydraulic calculations, structural calculations, cost estimate backup and other support calculations as deemed necessary. Task 2.7-Agency Coordination Contractor shall attend meetings, as noted, with the public agencies affected by the proposed project, including: 1. The Riverside County Flood Control and Water Conservation District; and, 2. The City of Palm Springs. Additional coordination meetings will be held with utility companies and resource agencies that are impacted by the proposed storm drain improvements. The intent of these meetings is to inform the various utilities of any relocation requirements and determine relocation cost and schedule and obtain anyfinal mitigation requirements for construction from the resource agencies. PHASE INI — POST DESIGN SERVICES Task 3.1 - Construction Phase Support As required, Contractor shall work closely with the City of Palm Springs to respond to all bid inquiries and questions relating to the plans and specifications during the bid period. During construction, Contractor shall be ready to support the City and their inspector, to be available to respond to "Request for Information" as needed during the entire length of the project, and to provide clarification and support to the City's Project Administrator and Project Inspector as needed. Once the project is complete, Contractor shall coordinate with City and Riverside County Flood Control and Water Conservation District inspectors to compile a "record" or "as-built" set of drawings for approval by the District. Hand drawn permanent revisions will then be made on the original approved set of construction drawings for archival purposes at the District's office. END OF EXHIBIT "A" -17- EXHIBIT "B" SPECIAL REQUIREMENTS As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00) per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Section 5.3, Performance Bond, is deleted. END OF EXHIBIT "B" -18- EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on costs per unit of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below,to a maximum of 75%of the lump sum task item fee until completion of such task item. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgement of the Contract Officer. Task Total Lump Sum PHASE 1 - PRELIMINARY ENGINEERING Task 1.1, Record Data $2,540.00 Task 1.2, Mapping $52,060.00 Task 1.3, Hydrology $5,460.00 Task 1.4, Preliminary Design Line 6A $6,560.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $12,440.00 Line 8 (Tahquitz Canyon Way to Andreas Road) $2,720.00 Lateral 20C $8,350.00 Lateral 20CA $5,020.00 Task 1.5, Engineering Report $7,680.00 Task 1.6, Processing $2,900.00 Task 1.7 Agency Coordination $2 260.00 Phase 1 Subtotal $107,990.00 PHASE 2 - FINAL ENGINEERING Task 2.1, Geotechnical Engineering $19,940.00 Task 2.2, Potholing Coordination & Survey $9,490.00 Saf-R-Dig Potholes (46 @ $850 each) $39,100.00 Task 2.3, Plans, Specifications and Estimates Line 6A $15,040.00 Line 8 (Baristo Channel to Tahquitz Canyon Way) $29,720.00 Line 8 (Tahquitz Canyon Way to Andreas Road) $4,000.00 Lateral 20C $20,140.00 Lateral 20CA $11,220.00 Specifications $6,000.00 Estimates $3,820.00 Task 2.4, Storm Water Pollution Prevention Plan $6,000.00 Task 2.5, Fugitive Dust (PM-10) Control Plan $5,400.00 Task 2.6, Processing $2,260.00 Task 2.7, Agency Coordination $3,980.00 Phase 2 Subtotal $176,110.00 PHASE 3 - POST DESIGN SERVICES Task 3.1 Construction Phase Support $7,380.00 Phase 3 Subtotal $7,380.00 Reiunburseables (not to exceed) $4,000.00 Grand Total of Contract $295,480.00 END OF EXHIBIT "C" -19- EXHIBIT "D" SCHEDULE OF PERFORMANCE Cityand Contractor hereby mutually agree thatthe nature of the scope of services associated with this; Contract, and the requirement to coordinate and obtain approvals by other agencies, may cause the term of this contract to exceed initial project schedule estimates. The term of this contract shall automatically extend until such time as required approvals are obtained and all services identified in Exhibit "A" are completed. Forthe purposes of this contract,the Contractor's initial Project Schedule, submitted with its Work Proposal(dated November 18,2005)shall be incorporated herein byreference, except that dates shall be revised by Contractor to update the Project Schedule to reflect the date of the "Notice to Proceed" issued by the City. All other dates shall be revised accordingly. The revised Project Schedule shall be submitted to the City for review and approval at the initial "kick-off' meeting, at which time it shall be incorporated herein by reference. END OF EXHIBIT "D" -20- ACO7RD,„ CERTIFICATE OF LIABILITY INSURANCE OSIO0DATE(M PRODUCER OA99520 INFORMATION D0s6 i-fii9-234-6849 THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION Cavipaac a Aanacintee ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 450 D Street, Suite iBOO HOLDER. THIS CERTIFICATE DOES NOT AMEND, MEN[) OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DorothyT;'A=dava101.B005 INSURERS AFFORDING COVERAGE INSURED Engineering Reeourdes NSURERA.U.D. SpeciA3.ty rOauraaen Cap,,y NGURER6:et- Paul Pratective lagurance Company _ 3550 E. Ilorida Avenue Suite H NSURERC;United States Fidelity f Guaranty„C as Hemet, CA 9254f INSURERD: SURER e; COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CANDTTTDN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE IN,THE INSURANCE AFFORDED BYTHE POLICIES DESCfiIEED HEREIN IS SUDJECT TO ALL YH£YERMS,EXCLUSIONS AND CONDITIONS OF SUCH PoLICIE9,AGGREGATE LIMIT6 6HOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINaURANDE —••-- POUCYNUMBER POI.ICYErrEtQL'E ROL EXP TR1N LMRS O'ENERALL40a Dr01196862 09/01/05 09/02/06 EACHODCURRENOE S 1,DOB,000 r COMMERCULGENPRALLIABILRY FIRE DAMAGBw mA fi. 1,00 11 D,DOD CWM5 MADE TOOOUR MED EXP(Myene PMYen) 510,000 _ X 84aakgt Qeatraatnal X $ , Hrgad FciSA PER60NhL,a AOYIIUVRY„ 2,009,000 009,000 GENERAL AGGREGATE 3 ,000,090 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPfOPAGG 32,000,000 POLICY r P Lac "-" AaDlorae eaaefita 1,000.000 C w0TOM0131LE LNBlUTY 81L01290786 09/01/05 09/01/06 r COMBINED DINGLE UMQ $1,000,000 ANYAUTO (FA 'den0 ALL OWNED AUTOS 0CD0.Y INJURY S SGH60ULFD AUTO* (Perpe,son) HIRED AUTOS BODILY INJURY S N0740WNE0 AUTp3 (Pwftdtlen0 PROPERTYDAMAGE S (PwamdeA1) OARAOEL461=Y AUTO ONLY-EAAOCIOENT IS ANY/1D0 OTHER THAN EAACC 3 ...... AUTO ONLY: AGG S IXCE33 UWILOT EACH OCCURRENCE Is OCCUR Q CLUMS MADE AGGREGATE S _ 5 DEDUCTIBLE 3 -. RETENTION 5 ._....•... S D WORKERSOOMPENSATIgNMO NVA7733068 09/Ol/05 09/Ol/06 XAwwatAOTM' EMPLOYEICPLUIaaRY EL EACN AC07DENT S 1,000,000 E.L.DISEASE-EA aMPLP i1,000,000 EJ-DISEASE-POUCYUMIT S 1,000,000 OTHER A Prateaeiaaal Liability Q90511660DX 09/01/03 09/01/06 Seth Claim p11 ODD,DOD Aggregate 42,000,000 s OFbWW T1011 OP 66+ERATION9M1OOAT WN9N51DOLGg/EYCLUSIONSADDED DY dDORSFIAFNIISPECWL PRO0L910N0 7rofagaional Liability - Claims made fora, aggregate limit polity. Defence costa included within limit pf Ui bility. Certificate Holder is named as Additional 1¢sured with respect to general Liability par mttaphad and Auto Liability cudareeme¢t to fallow. waiver of Subrog¢bion applies to deueral Liability included ism, policy Form, Auto Liability eaddeacment to follow and Norkere Coegeeaeation per attached. 10 days NOC for nea- pay+mak of preml.0m. CERTIPIOATP,HOlylAn.�., mi—=�RmwugM c city Pro act no. 06- 0 anwm AxT or TNeAaeVa DEECmBED POLICIGY aE CANC6LLfD tN:RORaTHE atFlRATM1ON City of Palm ypriaga DATE THEREOF,THE I33UINC INSURER WID.ENDEAVOR TO HAIL 30 DAYS WRQTEH City Clerk Patricia Sanders HOTIUa Tu THR CANXIri""HOWAIR NAM TO THE LEFT.BUT PAILURE TO PO$0 SHA44 3200T200 ahqUits ca¢yan way DAPOS9 NO OBLIGATION OR LMBILT'OF ANY KIND UPON THE NSVREI4 na waeHm OR REPAESENTATNE3. Palm Springs, G 92:42 AUQIaRRrD RaPBEEENYATIYE USA ♦/7..11/ ACORD 25S(7197) HETnIDa 0 ACORD CORPORATION 1988 AlDD4zz J WC 04 03 06 (Ed."41) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which It Is attached and Is effective on the dote issued unless otherwise stated. (The folio Wing 'anacnlnd dlaaae' need be completed only When inn endorgamant le Issued aubaaga Pnt to praparatien at the policy.) This endorsement, effective on 0510s/06 at 12:01 A.M. standard time, forms a part of Policy No. 'ava7731069 Endorsement No. Of the at. Paul Protective tmauraaca Cewva r NCO[ Carrier Code 12904 Issued to: nagiaeering 8aaaarcoq Policy Expiration pate: 05/01/06 Premium (If any)$ 4—d;F—:4—. Authorizdd Rapr0eQnA4YP We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from u5.) You must molntaln payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premlum otherwise due on such remuneration. Schedule Person or Organization Job Descripton City 01 Palm springs City Pro3acb We. 03-20 city Clark 3200 Tahquits Caayr tray Petal ilpr$�ga, CA 92262 ass Named Insured:moiueorins Rwoouxcca P014Number:exosi5sea2 Owners,Lessees Or Contractors(Form C) ADOMONAL INSURED Effective: o /ox/os THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ ITCAREFULLY. This endorsement modifies insurance provided under the following; .IABILffY COVERAGE PART. Schedule Name of person or Organization: City of Pala 9pringC 1Ela mployeaa, agent., oi8coza and anaigaa. 1. SECTION II-WNO IS AN INSURED Is amended to include as valid and collectible "other insurance"is provided by an insured the person or organization shown in the a person or organization who Is not shown in the Schedule, but only with respect to Milk arising out of schedule. Then we will share with that valid and 'your work"for that Insured by or for you. collectible"other insurance"by the method described below. 2. With respect to 1.above the following additional provision applies: If all of the valid and collectible "other insurance" permits contribution by equal shares,we will follow SECTION IV.6.Other Insurance is replaced by the this method also. Under this approach, each insurer following: contributes equal amounts until it has paid its 6. Otherinsurance. applicable limit of insurance or none of the loss remains,whichever comes first, The insurance afforded by this Coverage Part is it any of the valid end collectible "other insurance" primary Insurance and we will not seek contribution does not permit contribution by equal shares,we will from any valid and collectible "other Insurance" contribute by limits. Under this method, each available to the insured unless the Insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. CUEIF 22 45 09 99 indA"wpydght"d mturd Oksuiana 9 ecrdm Oft.Int.,with at pemWtfl. r'W IOft C"ryAghted,Neonnoe SwWa"CI&e,hit,084 Best's Rating Center- Search Results Page 1 Page 1 of 1 ' tr rr7- Best at View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One ',- Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted) by Company Name Criteria Used: Company Name: Company names starting with u s specialty To refine your search, please use our Advanced Search or view our Online Help for more information. New Search" u s specialty View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z RE Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ r Outlook/ * AMB# Company Name - Rating Implication Long-Term Implication Short-Term Domicile 00747 U.S. Specialty Insurance Company A+ Stable aa- Stable US:Texas (Property/Casualty-Insurance Company) Note:Financial Strength Ratings as of 0510512006 04:31 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. 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A.M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 05/05/06 Best's Rating Center- Search Results Page 1 Page 1 of 1 r ter I Benefits sue` View Ratings: Financial Strenath Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 1 Rated .and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with st paul protective To refine your search, please use our Advanced Search or view our Online Help for more information. New Searcn jst.ippuIl,proIpctiye View results starting with: ABC D E F G H IJKLM N O P Q R S T U V W X Y Z Rf Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ 4 . Outlook/ y * AMB# Company Name Rating = Implication Long-Term Implication Short-Term . Domicile 02016 St Paul Protective Insurance A+ Stable aa- Stable US: Illinois Company (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0510512006 04:31 PM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc $Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating: * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy I Security_I Terms of Use I Legal & Licensing Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08868, U.S.A. littp://www3.anibest.com/ratings/RatingsSearch.asp 05/05/06