Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04780 - DOKKEN ENGINEERING BELARDO BRIDGE ROADWAY STREET WIDENING CP87-49
AMENDMENT NO. 5 TO CONTRACT SERVICES AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING BELARDO ROAD BRIDGE & ROADWAYWIDENING CITY PROJECT NO. 87-49 FEDERAL PROJECT NO. PLHL-5282(020) The following articles of Agreement No. 4780 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Eight Hundred Sixty Two Thousand Seven Hundred Forty Dollars ($862,740.00). SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C" is amended as follows: See the attached Exhibit "C" SCHEDULE OF COMPENSATION "REVISED CONSTRUCTION SERVICES" Purchase Order Number(s): 416389 Agreement Number: 4780 Original City Council Approval: October 1, 2003 Original Contract Amount: $ 325,000 Amount of Prior Increases $ 445,240 Amount of This Increase $ 92,500 Amended Total: $ 862,740 SIGNATURES ON NEXT PAGE ORIGINAL BID AND/OR AGREEMENT Except as specifically amended by this Amendment No. 5, all terms and provisions of Agreement No. 4780 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city x City Clerkp 7 ZS ,20 r,;e— 0 City Manag APPROVED AS TO FORM: gyii° "- APPROVED BY CITY COUNCIL CiAttorney 1-\\ ''o CONSULTANT: DOKKEN ENGINEERING Check one:_Individual_Partnership X 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 S=Treasurestant Treasurer, �or�Chief Financial Officer). i By: r By: Notarized Signature of Chaffnan of Board, kWrized Signa re S retary,Asst Secretary, President or any Vice President Treasurer,Asst asur or Chief Financial Officer Name: T�Li�J Cy �� /! L/Pf7f-b � Name: NZ c7k" Title: Ir dCG2tG�! Title: a /1 State of COW4-A;U _ State of Ca l i ci/U Cl = County of Sacrawtkn4-c =ss tt 11 County of 0.crayKgA+o .ss On b 15 12 before me, (aAi-xrA r\, S0.Cx2�tn On 6 i5 i2 beforeme (2ct.wrc<vt c)ctd&j4 i, personally appeared I i _Incxrct T. Lrecatc. personally appeared Ca-+-�� C t�0. t^ who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the persons}whose name(e) is/are subscribed to the within the person(s)whose name(e)is/are subscribed to the within instrument and acknowledged to me that he/sheAIM instrument and acknowledged to me that hekomw executed the same in hisAierJ"r authorized capacity(ies), executed the same in Ms/herft)eir authorized capaary(ies); and that by his/her{their signature(* on the instrument the and that by his/her/timir signatures) on the instrument the person(&), or the entity upon behalf of which the person(,)y personft or the entity upon behalf of which the person(r4 acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: U Notary Seal: CAMRAN S ADEGHI CA RAN SADEGHI COMM. #1945483 Z �� � COMM. #1945483 Z 6 Notary Public-California o i Notary Public -California o Z Sacramento County Z Sacramento County Comm. 25,2015� I Comm.Ez kes Jul 25,2015 EXHIBIT "C" SCHEDULE OF COMPENSATION The following is the revised Exhibit"C", Schedule of Compensation, including Amendment No.5: PHASE 1 - Preliminary Engineering and Studies: $155,100 PHASE 2- Final Engineering Design: $199,900 PHASE 3- ENVIRONMENTAL MITIGATION AND MONITORING SERVICES Task 1.0 Environmental Permitting $32,160 Task 2.0 Environmental Specification Review $ 9,970 Task 3.0 Mitigation Monitoring Plan $61,510 REVISED CONSTRUCTION SERVICES The following budgeted hours are based on a project schedule of 180 working days. Previous This Increase Project Manager: ( 36 + 23) hours @ $200/ hour = $7,200 + $4,600 = $11,800 Resident Engineer: (360+240) hours @ $150/hour= $54,000 + $36,000 = $90,000 Structures Inspector: (320+320) hours @ $120/hour= $38,400 + $38,400 = $76,800 Inspector: 360 hours 0, $100 /hour = $36,000 = $36,000 Subtotal-Construction Inspection: $135,600 + $79,000 = $214,600 Materials Testing: $45,000 $45,000 Quality Assurance Testing: $10,000 $10,000 Labor Compliance: $27,000 + $9,000 = $36,000 Architectural Fabrication: $26,000 Design Support: $50,000 Equipment/ Per Diem: $18,000 + $4,500 = $22,500 Subtotal Construction Services: $311,600 + $92,500 = $404,100 TOTAL PHASE 3: $415,240 + $92,500 = $507,740 GRAND TOTAL OF CONTRACT $770,240 + $92,500 = $862,740 END OF EXHIBIT"C" AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING BELARDO ROAD BRIDGE & ROADWAY WIDENING CITY PROJECT NO. 87-49 FEDERAL PROJECT NO. PLHL-5282(020) The following articles of Agreement No. 4780 are hereby amended to read as follows: Wherever in the Agreement the term "Contractor" is referred to shall be amended to refer to the term "Consultant". SECTION 2.1 Maximum contract amount is amended to Seven Hundred Seventy Thousand Two Hundred Forty Dollars ($770,240.00). SCOPE OF SERVICES (Exhibit "A") — Exhibit "A" is amended as follows: Add Phase 3-- Construction Services. See the attached sheet. SCHEDULE OF COMPENSATION (Exhibit "C") -- Exhibit "C" is amended as follows: Add Phase 3— Construction Services, as identified on the attached Exhibit "C". SCHEDULE OF PERFORMANCE (Exhibit "D") — Exhibit "D" is amended as follows: The following shall be added: "Phase 3 shall be completed throughout the duration of construction." Purchase Order Number(s): 416389 Agreement Number: 4780 Original City Council Approval: October 1, 2003 Original Contract Amount: $ 325,000 Amount of Prior Increases $ 133,640 Amount of This Increase $ 311,600 Amended Total: $ 770,240 Account Number: SIGNATURES ON LAST PAGE ORIGINAL BID AND/OR AGREEMOff EXHIBIT "A" SCOPE OF SERVICES Add "Phase 3 — Construction Services", as follows: General Scope — Phase 3, Construction Services This proposed scope of work assumes that the duration of the construction project shall be 140 working days. Task 1, PROJECT MANAGEMENT Consultant shall organize and develop a Project Development Team (PDT). Members of the PDT shall include Consultant Construction Management Project Manager, Consultant Design Project Manager, Sub-consultant as required and members of the City of Palm Springs. Task 1.1 Monthly PDT Meetings Consultant shall organize and conduct Monthly Progress Meetings with the PDT to discuss progress of construction project, issues to be resolved and action items to be addressed. Deliverable: Consultant shall contact all members of the PDT to coordinate the scheduled meeting date. A Meeting Notice, an Agenda and Meeting Minutes shall be prepared for the meeting. Task 1.2 Monthly Progress Reports Consultant shall prepare progress reports to record the progress of the construction project. The Progress Report shall include accomplished tasks for the month, anticipated progress for the next month, pending issues, a list of Contract Change Orders (CCO), a list of Notice of Potential Claims (NOPC) (if any), and schedule completion target dates. Deliverable: Consultant shall prepare monthly progress reports. Task 1.3 Quality Control Consultant shall review engineering report submittals by other consultants (materials testing, labor compliance, etc) to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with all appropriate standards. Exhibit A—Scope of Services Page 1 of 7 Task 2.0 QUALITY ASSURANCE INSPECTION Task 2.1 PRE-CONSTRUCTION SERVICES Task 2.1.1 Pre-Construction Meeting Consultant shall plan, coordinate, and run a pre-construction meeting. Task 2.1.2 Pre-Construction Photo Documentation Consultant shall conduct pre-construction photo and video documentation of the existing conditions on the project site. Deliverable: Consultant shall provide the City with copies of all photos and video. Photos and video shall be also be made a permanent part of the construction records. Task 2.2 CONSTRUCTION SERVICES Consultant shall perform all inspection necessary for the project to assure contract compliance and Federal reimbursement as outlined in the Caltrans Local Assistance Procedures Manual. The following is a description of major aspects of this work: Deliverables: A copy of all deliverable items shall be kept in the contract files on site. • Baseline Schedule: Consultant shall review the baseline CPM schedule submitted by the Contractor and work closely with the Contractor until it is acceptable. Consultant shall review monthly Baseline Schedule updates and verify accuracy. • Daily Inspection and Diaries: Consultant shall perform daily inspection of all Contractors' activities (as needed). All information shall be recorded on a daily diary form. This information shall include but not be limited to job stamp, date, weather, item of work performed, hours of work performed, measurement of items installed, workers names and classifications, equipment numbers, subcontractor's personnel, conversations, conflicts and resolutions, and non-compliance (if necessary). • Daily Photo Log: Consultant shall make a daily photo log of the project (as needed). Issues of contract non-compliance and SWPPP violations shall be recorded and addressed. • Tracking Construction Materials: Consultant shall track Contractors' materials by certificate of compliance. • Submittal Review: Consultant shall receive, stamp with date received, and track all Contractors', subcontractors', and independent party submittals. A log shall be set up identifying submittal name, responsible party, review party and whether date was met. Submittals shall include but not be limited to: :- Contractor's equipment list Exhibit A—Scope of Services Page 2 of 7 SWPPP :- Mix Designs (Asphalt Concrete and Portland Cement Concrete) Materials to be used Falsework Design Shoring/Cofferdam Design .- Pile Driving Plan Electrical Plan Traffic Control Plan Pre-Cast/Pre-Tensioned Girder Shop Drawings Consultant's design staff shall be used to review shop plans where applicable. • Labor Compliance/Equal Employment Opportunity/Prevailing Wage/Disadvantaged Business Enterprise (DBE): Consultant shall enforce the contract requirements as they pertain to Labor Compliance, Equal Employment Opportunity, Prevailing Wage, and Disadvantaged Business Enterprise according to the Local Assistance Procedures. This shall include preparing daily diaries (as needed) and recording workers names, classifications, work performed and hours worked on each task; receiving Contractors', Subcontractors', and equipment rental companies' certified payrolls on a weekly basis; and tracking work performed by DBE Subcontractors, hours of work performed and monthly progress payments that include work by DBE Subcontractors. • Storm Water Pollution Prevention Plan (SWPPP) Compliance: Consultant shall inspect the project site and monitor Contractor's compliance with Best Management Practices (BMP's) in accordance with Caltrans Storm Water Quality Handbooks. Consultant shall monitor the weather forecast during the storm season and ensure Contractor's compliance for pre-storm, storm event, and post storm requirements. Proper handling and storage of non-visible pollutants shall be enforced. • Request For Information (RFI): Consultant shall receive, record, review, and respond to all Contractor's Request For Information. Response times shall be determined and adhered to. Consultant's design engineers shall be utilized where applicable. • Change Requests/Contract Change Orders (CCO)/Transmittal Letters: Consultant shall receive, record, and review all Contractors' Requests for Changes. All requests shall be reviewed for merit. If change is warranted, Consultant shall assist in the creation of a Contract Change Order and Transmittal Letter according to Caltrans Contract Change Order Manual. Consultant shall receive City approval prior to submittal to Contractor. Consultant shall track all extra work on separate daily diaries. Monthly progress payments shall reflect all CCO worked performed in the previous month. • Coordinate Materials Testing and Inspection/Surveying Services: Consultant shall coordinate and monitor all materials testing services and construction surveying. It is assumed that the contractor shall be responsible for all construction surveying and staking. Consultant shall perform quality assurance surveying as needed. Materials testing reports shall be reviewed and initialed by Consultant and maintained in the project files. Exhibit A—Scope of Services Page 3 of 7 • Ensure Compliance to Safety Regulations, Building Codes, City Ordinances: Consultant shall verify Contractor's compliance to applicable Construction Safety Orders. Violations shall be recorded and Contractor shall be requested to correct unsafe condition. A safety diary shall be written for each violation and maintained in the Construction Files. In appropriate situations the project shall be shut down until Contractor corrects safety violation(s). • Track Construction Quantities Daily/Weekly/Monthly: Consultant shall track construction quantities during each operation of work and record the amount and type of material placed. Certificates of Compliance or Release Tags shall be received for material used in construction to justify payment. • Prepare Monthly Progress Estimates: Consultant shall prepare Monthly Progress Estimates to summarize payment to the Contractor for work performed. Consultant's Resident Engineer and Inspector shall prepare supporting documents for each item of work to be paid. These documents shall include at a minimum, item to be paid, amount of item to be paid, calculation of material placed, Certificates of Compliance or Release Tags, name of individual creating document, name of individual verifying document, and date. A comprehensive Monthly Progress Estimate shall be submitted to the City for review, approval, and processing. Monthly Progress Estimates shall include Contract Change Order Work. • Monitor Construction Costs: Consultant shall track construction costs on a monthly basis. Excel spreadsheets shall be created to monitor payment on each item of work. Spreadsheets shall be updated on a monthly basis. Contingency balance shall be monitored and updated after each CCO or after each Monthly Progress Estimate. • Notice of Potential Claims (NOPC)/Claims Resolution: Consultant shall review any Notice of Potential Claims submitted by the Contractor for merit and conformance to the requirements in the Special Provisions. Consultant shall follow the guidelines and procedures established by the City and the Caltrans Construction Manual in responding to, resolving, and fighting protests, potential claims, and claims. Proper documentation shall be created to establish a chain of events in the claims process. • Create and Ensure Compliance to Punchlists: Consultant shall create punchlists throughout the construction process after each item of work is complete. Punchlists shall include items that need to be corrected or amended. Consultant shall meet with Contractor's personnel regularly to monitor completion of punchlist items. Completion of punchlist items shall be a topic at the Weekly Construction Progress Meetings. • Architectural Fabrication Services: Consultant shall coordinate with Artist (Braaksma Design) to provide a material prototype (approx. 17 feet x 2 feet) for the relief pattern on the bridge parapet. Because the relief pattern repeats, one prototype shall be provided, from which molds or forms can be derived. Consultant shall coordinate with Artist (Braaksma Design) will supply metal medallions for the railings. The Contractor will install the medallion pieces after the bridge is completed to a stage at which construction-related damage to the medallions is precluded. Consultant shall coordinate with Artist (Braaksma Design) to review and approve color samples for Exhibit A--Scope of Services Page 4 of 7 the bridge stain and railing paint. Review and approval will include up to three trips to the site to assess the samples on site with as-built elements and the bridge surroundings. Task 2.3 BIOLOGICAL MONITORING Consultant shall be responsible for overseeing compliance with protective measures for list species, as required by Appendix F, Environmental Commitment Record, of the Initial Study. Task 3.0 CONSTRUCTION MANAGEMENT SUPPORT Task 3.1 PRE-CONSTRUCTION SERVICES Task 3.1.1 Pre-Bid Meeting Consultant shall assist the City with scheduling and conducting a pre-bid meeting. Consultant shall assist City with advertising a pre-bid meeting in applicable newspapers and trade magazines. Deliverable: A Meeting Notice, Agenda and Sign-In Sheet shall be prepared for pre-bid meeting. Consultant shall provide meeting minutes to City within two days of meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall assist City in preparing addendum to contract plans, specifications, and estimate, if necessary. Task 3.1.2 Bid-Opening Meeting Consultant shall assist the City with scheduling and conducting a bid-opening meeting per the Caltrans Local Assistance Procedures Manual. Consultant shall assist City with advertising a bid-opening meeting in applicable newspapers and trade magazines. Deliverable: A Meeting Notice, an Agenda and Sign-In Sheet shall be prepared for bid opening meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall provide meeting minutes to City within two days of meeting. Task 3.1.3 Bid Analysis Consultant shall review and analyze contractor's bids. Consultant shall review the unit bid prices in each bid for reasonable conformance with the engineer's estimate and compare with each other bid received. Consultant shall evaluate bids for responsiveness and completeness, and assure compliance with DBE program. Deliverable: Consultant shall make recommendations to City on acceptance of contractor's bids. Exhibit A—Scope of Services Page 5 of 7 Task 3.1.4 Pre-Construction Meeting Consultant shall assist the City with scheduling and conducting a pre-construction meeting with the approved contractor. Consultant shall contact members of the contractor's team, local authorities (police, fire, etc.), Caltrans Local Assistance, design engineers, and applicable utility owner personnel. Topics shall include items such as City expectations, labor compliance, Equal Employment Opportunity compliance, safety, environmental regulations, materials testing and compliance, Contractor submittals, and payment process. Deliverable: A Meeting Notice, Agenda and Sign-In Sheet shall be prepared for preconstruction meeting. Action items shall be assigned to appropriate personnel with a timeline for completion of tasks. Consultant shall provide meeting minutes to City within two days of meeting. Task 3.2 DESIGN SUPPORT SERVICES Consultant design staff shall assist construction inspection personnel with construction change orders and contractor Requests for Information (RFI's), as needed. Design staff shall make any needed design changes to the project as requested by the City. Design staff shall prepare as-built construction plans after construction is complete. Task 3.3 POST-CONSTRUCTION SERVICES-PROJECT CLOSE-OUT Consultant shall assist the City with all construction management and administration necessary for closing out the project to assure contract compliance and Federal reimbursement as outlined in Caltrans Local Assistance Procedures Manual. The following is a description of major aspects of this work: Task 3.3.1 Item Close-Out Consultant shall close out and balance all contract items. Item overruns and underruns shall be resolved with the Contractor. Contract Change Orders to adjust item prices shall be created if necessary. Deliverable: Consultant shall submit a list of item overruns and underruns to the City. Consultant shall submit a CCO for approval by the City, as necessary, to adjust item prices. Task 3.3.2 Claims Report Consultant shall prepare a Claims Report for each claim that is outstanding and unresolved at the end of the construction project. Claims Reports shall be in accordance with Section 2-70 "Protests, Potential Claims, and Claims," of the Caltrans Construction Manual. Exhibit A—Scope of Services Page 6 of 7 Deliverable: Consultant shall submit a claims report for each claim for review by the City and Caltrans. Task 3.3.3 Proposed Final Estimate Consultant shall prepare the Proposed Final Estimate. This document shall be provided after resolution of construction claims. Deliverable: Consultant shall submit a Proposed Final Estimate to the Contractor for acceptance. Task 3.3.4 Project Reimbursement Consultant shall prepare the State and Federal forms for the City to obtain reimbursement of funds in accordance with Section 17 of the Caltrans Local Assistance Procedures Manual. Deliverable: Consultant shall submit State and Federal forms for reimbursement to the City and Caltrans. Task 3.3.5 Project Report Consultant shall create a Project Report that identifies the construction of the project, the final cost of construction including construction management and administration, a list of all Contract Change Orders, a list of Construction Claims and the result of each after resolution, and a photo documentary of construction. Deliverable: Consultant shall submit a Project Report to the City. END OF EXHIBIT "A" Exhibit A—Scope of Services Page 7 of 7 EXHIBIT "C" SCHEDULE OF COMPENSATION The following is added to Exhibit "C", Schedule of Compensation: PHASE 3— CONSTRUCTION SERVICES The following budgeted hours are based on a project schedule of 140 working days. Project Manager: 36 hours @ $200/ hour= $7,200 Resident Engineer: 360 hours @ $150 / hour= $54,000 Structures Inspector: 320 hours @ $120/ hour = $38,400 Inspector: 360 hours C� $100/ hour= $36,000 Subtotal —Construction Inspection: $135,600 Materials Testing: $45,000 Quality Assurance Testing: $10,000 Labor Compliance: $27,000 Architectural Fabrication: $26,000 Design Support: $50,000 Equipment/ Per Diem: $18,000 Phase 3 Subtotal: $415,240 Grand Total of Contract $770,240 END OF EXHIBIT "C" Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 4780 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk 6I f 1 Za1 J �•� City Manager APPROVED AS TO FORM: APPROVED BY CITY CC - � �/ 0 b•\• By:/ s'i::� - ( Nipfktorney CONSULTANT: DOKKEN ENGINEERING Check one:_Individual_Partnership X 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 Secret Treasurer,Assist Treasurer,or Chief Financial Officer). By: �s r' Notarized Signature of G airrftn of Board, Notarized Signat e S cretary,Asst Secretary, President or any Vice President Treasurer,/Assst trea err or Chief Financial Officer Name. •• ��. '. +—r p � Name: Title: Title: State of C--Vk1tk CAI State of z In i County of gcrrt n,a L1 0Iss County of aC vn W e•-1_f�?s On rl before me, Mz c �i On 9-1 before me vi bit 4- 9 personally appeared � !—cl �a personally appeared q�t who proved to me on the basis of satlsfacto evidence)to be who proved to me on the basis tisfactory evidence)to be the person(s) whose name(s) Is/are subscribed to the within the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct correct. WITNESS my hand and official seal WITNESS my hand and official seal. Notary Signature: O Notary Signatur 7_ ,e CfiJ Notary Seal: Notary Seal: LYNNE M. CASTILLO LYNNE M. CASTILLO C()MM.# 1849015 tton ; •. Cow# 1849015 1An NOTARY PUBLIC-CALIFORNIA V! •CALIF02NU UI SACRAMEN NOTARY PUBLIC TO COUNTY �D m A; PUBLIC COUNTY MY COMM.ExP MAY 14,2013 MY COMM EXP,MAY 14,2013 A AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING BELARDO ROAD BRIDGE & ROADWAY WIDENING, CP#87-49 The following articles of Agreement No. 4780 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Four Hundred Fifty-Eight Thousand Six Hundred Forty Dollars ($458,640.00). SCHEDULE OF COMPENSATION Exhibit°C" — Exhibit"C" is amended as follows: See the attached revised Exhibit°C". Purchase Order Number(s): 416389 Agreement Number: 4780 Original City Council Approval: October 1, 2003 Original Minute Order: 7382 Original Contract Amount: $ 325,000 Amount of Previous Increase(s) $ 123,640 Amount of This Increase $ 10,000 Amended Total: $ 458,640 Account Number(s): 134-4498-50169 $10,000 SIGNATURES ON LAST PAGE Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 4780 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City Clerk����t/�ft By: City Manager APPROVED AS TO FORM: APPROVED BY CITY COUNCIL City Attorney ?_Polk a� CONTRACTOR: DOKKEN ENGINEERING Check one: Individual Partnership X 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 Secrets ,lrreasurer,Assistant Treasurer,or Chief Financial Officer). / r By: L�—�-�1� By: �� �// 1. .�• . Notarized Signature of Chairman of Board, N t . ed Signatu?6 S cretary,Asst Secretary, President or any Vice President Treasurer,Asst tre s!E or Chief Financial Officer Name: 11� Name: •_.. ��f )�C�l,.1,4' f—� .._. Title: State of A I State of A I County off Iss County of Iss On before me, J Eq7,ewa�r- i C, On before me, Jt-IT- DEw, personally appeared rV C +PT-Av personally appeared _ h"r who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of s tid sfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS m��id-efFeiaf-seal~ NotarySi nature: 9 Notary 5ignafu're: Notary Seal: Notary Sear---,- - JEFF JEFF DEWITT DEWITT w Commission # 1737070 Commission # 1737070 a Wm �a Notary Public -California i s ?` _ Notary Public -California tnemmanto Countyw Sacramento County MY Comm.Fx Ires r 6,2011 EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES Task 1.0 Promect Management $ 17,300.00 Task 2_0, Design Survey Mapping $ 44,900.00 Task 3.0,_Geotechnical Reports $ 18,300.00 Task 4.0, Preliminary Engineering Report Task 4.1, Draft Preliminary Engineering Report $ 59,100.00 Task 4.2 Final Prelimina En ineerin Report $ 13,600.00 Task 8.0 Utility Coordination $ 1,900.00 Phase 1 Subtotal $ 155,100.00 PHASE 2 - FINAL ENGINEERING DESIGN (PS&E) Task 1.0 Promect Management $ 17,300.00 Task 5.0, Roadway PS&E Task 5.1, Roadway PS&E (70%) $ 40,200.00 Task 5.2, Roadway PS&E (100%) $ 14,400.00 Task 5.3, Roadway_PS&E (Final) $ 4,500.00 Task 6.0, Structures PS&E Task 6.1, Structures PS&E (70%) $ 50,400.00 Task 6.2, Structures PS&E (Final) $ 28,200.00 Task 6.3 Bridge Aesthetic Design $ 30,000.00 Task 7.0, Design Support During Construction $ 13,000.00 Task 8.0 Utility Coordination 1 900.00 Phase 2 Subtotal $ 199,900.00 PHASE 3— ENVIRONMENTAL MITIGATION AND MONITORING SERVICES Task 1.0, Environmental Permitting $ 32,160.00 Task 2.0 Environmental Specification Review $ 9,970.00 Task 3.0 Mitigation Monitorin Plan 61 510.00 Phase 3 Subtotal $ 103,640.00 Grand Total $458,640.00 END OF EXHIBIT "C" AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING BELARDO ROAD BRIDGE & ROADWAY WIDENING, CP#87-49 The following articles of Agreement No. 4780 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Four Hundred Forty-Eight Thousand Six Hundred Forty Dollars ($448,640.00). SCOPE OF SERVICES (Exhibit"A")— Exhibit"A" is amended as follows: See attached sheet. SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C° is amended as follows: See the attached revised Exhibit°C. Purchase Order Number(s): 416389 Agreement Number: 4780 Original City Council Approval: October 1, 2003 Original Minute Order: 7382 Original Contract Amount: $ 325,000 Amount of Previous Increase(s) $ 103,640 Amount of This Increase $ 20,000 Amended Total: $ 448,640 Account Number(s): 134-4498-50169 $20,000 SIGNATURES ON LAST PAGE ORIGINAL E31D AND/OR AUREE ENT Except as specifically amended by this Amendment No. 2, all terms and provisions of Agreement No. 4780 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city -� City Clerk ���Z'/�I�J ��� f City Man APPROVED /f0 FORM: APPROVED BY CITY COUNCIL it Attorney .. CONTRA TOR: DOKKEN ENGINEERING Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from th C airman of Board,President,or any Vice President.The second signature must be from the Secretary,Assistant Secre ry reasurer,Assistanreasurer,or Chief Financial Officer). 9 By: By: Notarized Signature of Chairman of Board, Notarized Signat a cretary,Asst Secretary, President or any Vice President Treasurer,Asst tr as r or Chief Financial Officer d Name: -�/1�:6 �f� fir, C.�� � Name: (:� U M Title: /� —i-- � Title:T State of �n �11 State of�l � ,,�f Countyof5�!tyMMUlsss County of:��(�(�lt:f yoss On� 'I t I(C:before me, 1JIt \ On C5 1(1 I before men,,/ I A� ; /y RLW3 personally appeared �� 11l personally appeared � d� l:.f ti th who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of satisfactory evidence)to be the personW whose name(s) iskxe subscribed to the within the persor4aj whose name4et isMre subscribed to the within instrument and acknowledged to me that he/shekhey instrument and acknowledged to me that 4wfsheAher executed the same in hisA"w 01 eir authorized capacity(ies� executed the same in_bWher/their authorized capacity(aoa and that by his/he"I*eir signature*on the instrument the and that by*Wher/*@k-signature(*on the instrument the person* or the entity upon behalf of which the person(* person(o, or the entity upon behalf of which the person(e* acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature.. Notary Signature: Notary Seal: Notary Seal: caninwttwn r tt�r� U Pak-C411111101IM1111111111 rrMlllo-0000 Swam"CCU" � Comms 7Hill EXHIBIT "A" SCOPE OF SERVICES Add the following Phase 2, Task 6.3, Bridge Aesthetic Design: Task 6.3 Bridge Aesthetic Design — Contractor shall coordinate preparation of bridge aesthetic design to be incorporated as a part of the bridge structural plans as follows: Prepare Preliminary Artistic Enhancements — Prepare initial schematic/conceptual renderings of artistic enhancement details in jpeg form. Th a details shall include location of enhancement, proposed material of enhancement and written narrative summarizing the enhancements to the project. This information will be provided as an initial submittal to the City and the Architectural Advisory Commission for review and comment. Review and Respond to Comments — Contractor shall review the City's comments and complete a Comment Response Form, which shall be returned to the City with any updated details as requested or needed. Prepare Final Artistic Enhancements — After approval of preliminary artistic enhancements by the City, Contractor shall prepare final artistic enhancement details in CAD or pdf form that will be incorporated into the bridge structural plans. END OF EXHIBIT "A" EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Contractor shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Contractor based upon completion of tasks, or pro-rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Contractor's statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer. Task Total Lump Sum PHASE 1 - PRELIMINARY ENGINEERING AND STUDIES Task 1.0 Promect Mana ement $ 17,300.00 Task 2.0 Design Survey Mapping 44 900.00 Task 3.0 Geotechnical Reports $ 18,300.00 Task 4.0, Preliminary Engineering Report Task 4.1, Draft Preliminary Engineering Report $ 59,100.00 Task 4.2 Final Preliminary Engineering Report 13 600.00 Task 8.0 Utility Coordination $ 1,900.00 Phase 1 Subtotal $ 155,100.00 PHASE 2 - FINAL ENGINEERING DESIGN (PS&:E) Task 1.0 Protect Management $ 17,300.00 Task 5.0, Roadway PS&E Task 5.1, Roadway PS&E (70%) $ 40,200.00 Task 5.2, Roadway PS&E (100%) $ 14,400.00 Task 5.3 Roadway PS&E Final 4 500.00 Task 6.0, Structures PS&E Task 6.1, Structures PS&E (70%) $ 50,400.00 Task 6.2, Structures PS&E (Final) $ 28,200,00 Task 6.3 Bridge Aesthetic Design 20 000.00 Task 7.0 Design Support During Construction 13 000.00 Task 8.0 Utility Coordination $ 1,900.00 Phase 2 Subtotal $ 189,900.00 PHASE 3-- ENVIRONMENTAL MITIGATION AND MONITORING SERVICES Task 1.0 Environmental Permitting 32 160.00 Task 2.0 Environmental Specification Review $ 9,970.00 Task 3.0 Mitigation Monitoring Plan $ 61,510.00 Phase 3 Subtotal $ 103,640.00 Grand Total $448,640.00 END OF EXHIBIT "C" AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 4780 WITH DOKKEN ENGINEERING BELARDO ROAD BRIDGE & ROADWAY WIDENING, CP#87-49 The following articles of Agreement No 4780 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to Four Hundred Twenty-Eight Thousand Six Hundred Forty Dollars (S428,640.00). SCOPE OF SERVICES (Exhibit "A")— Exhibit "A" is amended as follows: Add Phase 3 "Environmental Mitigation and Monitoring Services", as indicated on the attached sheet. SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C' is amended as follows: Add Phase 3 "Environmental Mitigation and Monitoring Services", as indicated on the attached sheet. SCHEDULE OF PERFORMANCE (Exhibit "D")— Exhibit°D" is amended as follows: Add Phase 3 "Environmental Mitigation and Monitoring Services', as indicated on the attached sheet. Purchase Order Number(s): 416339 Agreement Number: 4780 Original City Council Approval: October 1, 2003 Original Minute Order: 7382 Original Contract Amount: $ 325,000 Amount of Previous Increase(s) $ 0 Amount or This Increase $ 103,6d0 Amended Total: $ 428,640 Account Number(s): 134-4498-50169 SIGNATURES ON LAST PAGE Except as specifically amended by this Amendment No- 1, all terms and provisions of Agreement No. 4780 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city - City Clerk� g . City Manager APPROVED O FORM: I APPROVED BY CITY COUNCIL Iry Attorney 1�b_1o_ ha L�1�0 cONTRA TOR: DOKKEN ENGINEERING Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures. One sigirl must be from thu Chairman of Board President or any Vice President.The second signature must oe from the Secretary,Assistant Secretary fieasurei Assistant Treasurer,or Chief Financial Officer). r -�� Cj Notarized Signature of Cfrair n of Board,oard, Notarized Signature ec etary,Asst Secretary, President or any Vice President Treasurer,Asst treasur r Chief Financial Officer �e�c, ..-, �I Name: p/`���_ Name____ Tdle:_ �sc�rl .l�" State of �!1 State ofl-l-t � l �.I County ofS la�/�c. Jsss� County of ''Qf�t.(L�P55,gyp On ZV Vldefore mF,_r�l l y�-f_—f`]l._/ on I4 Ibefcre me, personally appcaro IoAmv 1A F /�tt. personally appeared ICI til"I V.iL who proved to me on the basis of sahslactcry evidence)to be who pruved to me on the basis of satisfactory evldenee)to be the per5on(5) whose narl islare 5utsoriyed to the within the per5gn(5) whose name(s) is�are subscribed to the within instrument and acknowledged io me that helshehney instrument and acknowledged to me that helshelthey executed the same In hislhentheir authorized capaaty(ies), executed the same In hislherliheir authorized capaciiy(ies), and that by hlslhorlthclr signature(s) on the Instrument the and that by his/horlthcir signaiure(s) on the instrument the persons), or the entity upon behalf of which the per5on(5) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Stale of California that the foregoing paragraph is true and correct, correct. WITNESS nl and official seal WITNESS my <ane and official Seal, f Notary Signatur : Notary Signatures Notary Seal: Notary Seal: EXHIBIT "A" SCOPE OF SERVICES The Following Phase 3 "Environmental Mitigation and Monitoring Services", shall be added: Task 1- Environmental Permitting and Regulatory Compliance. The Contractor shall be responsible for obtaining all necessary environmental (regulatory) permits necessary for construction of the project. Contractor shall prepare and process applications for project permits required for compliance with Sections 401 and 404 of the Federal Clean Water Act. Section 401 permits are under the regulatory authority of the U.S. Environmental Protection Agency (USEPA), and Section 404 permits are under the U.S. Army Corps of Engineers (Corps). Permitting shall be accomplished with the following approach: Initial Coordination with Regulatory Agencies —The Contractor shall schedule, arrange, and prepare any necessary materials for a pre-application consultation with the involved agencies. The objectives of the meetings would be to describe the proposed project, discuss permitting approach, and identify potential mitigation options. Contractor shall arrange meetings with representatives of the USEPA and Corps. Contractor shall summarize and document the results of agency coordination in letter format. The letters will be submitted to the respective agencies and the City. Task 1.1 Permit Applications — Based on the results of the jurisdictional determination and the outcome of the initial coordination with the regulatory agencies, Contractor shall then prepare and submit the necessary permit application materials. Task 1.1(a) Section 401 Water Quality Certification — The Contractor shall prepare written correspondence requesting water quality certification. The Contractor shall use information prepared for the Section 404 Permit Application to provide a complete project description. This will include the purpose, location, total site acreage, types of water bodies within the site, and total acres of waters of the U.S. Contractor shall prepare an assessment of water quality impacts addressing types of fill material to be discharged, impacts to beneficial uses of the water body, and any expected water diversions. Contractor shall include the following information: Standard USEPA Application form; A complete copy of the Section 404 application will be included; A copy of the final environmental document for the project must be included, including the certification of the final document; Other appropriate material as may be required by the USEPA; Filing fee to be paid by City. Task 1.1(b) Section 404 Permit — The Contractor shall prepare permit applications accordingly. Each application packet will be reviewed with the project team and any required changes will be made prior to submittal to the respective agencies. It is anticipated that the permit application materials will include the following materials: The jurisdictional delineation; An Individual Permit Application, which includes cover letter to the Corps, an explanation of the project, description of impacts, site plans, graphics, and an Alternatives Analysis; A preliminary mitigation and monitoring plan based on Corps guidelines. The plan will include information on how on-site impacts will be mitigated to replace jurisdictional areas that will -be lost; A final mitigation plan will be prepared and submitted following Corps review of the application packet. The final mitigation plan will incorporate appropriate conditions based on the Federal and State agency review and comment; Complete copies of the Section 401 will be included; and Contractor shall prepare all necessary graphics and other supporting materials. Task 2- Environmental Specification Review — The Contractor shall provide professional review support of the final Plans, Specifications and Estimate (PS&E) documents. The Contractor shall review all design plans and specification packages to ensure that all environmental requirements are incorporated and/or coordinate, as necessary, to incorporate environmental requirements where omitted. Task 3- Mitigation Monitoring Plan —The Contractor shall coordinate the requirements of the Mitigation Monitoring Plan approved under the environmental document. Specific tasks included in the Environmental Commitment Record are: • Habitat Conservation Plan Implementation including credit purchase coordination • Implementation of Utility, Visual, Water Quality, Geology, Air Quality, and Noise Measures Biological Monitoring and Preconstruction Surveys for BI0-1 through BIO- 33 • Restoration Plan including Invasive Species INVA through INV-6 • Cultural CR-1 through CR-5 including oversight of Tribal Monitor during construction The environmental document and Environmental Commitment Record currently contains the following mitigation measure "Hazardous Waste Aerial Deposited Lead HW-1 The Contractor shall prepare a Memorandum to File stating that there is no potential for Aerially Deposited Lead to be present on the project site. END OF EXHIBIT "A" EXHIBIT "C" SCHEDULE OF COMPENSATION Exhibit "C' is amended by adding the following schedule of fees: Phase 3 "Environmental Mitigation and Monitoring Services" Task 1 - Environmental Permitting; $32,160 Task 2-Environmental Specification Review; $9,970 Task 3- Mitigation Monitoring Plan; $61,510 Phase 3 Subtotal: $103,640 Grand Total: $428,640 END OF EXHIBIT "C" EXHIBIT "D" SCHEDULE OF PERFORMANCE Exhibit D is amended by adding the following: Phase 3, Task 1 shall be completed within 60 working days from Notice to Proceed Phase 3 services. Phase 3, Task 2 shall be completed within 20 working days from Notice to Proceed Phase 3 services. Phase 3, Task 3, shall be completed as necessary during the construction phase. END OF EXHIBIT "D" Dokken Engineering Belardo Bridge CP87-49 CITY OF PALM SPRINGS AGREEMENT #4780 Public Works and Engineering Department M07382, 10-1-03 CONTRACT SERVICE AGREEMENT - - BELARDO ROAD BRIDGE &ROADWAY WIDENING CITY PROJECT NO. 87-49 b TINS CONTRACT SERVICES AGREEMENT(herein"Agreement"), is made and entered into this day oft`;C.!'01`_e.-;,, 20!_3i,by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Dokken Engineering, (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OE 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 by this reference,which services maybe 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 this 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 may be required by law for the 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 Conhactor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall 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. 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 and that Contractor shall not be entitled to additional compensation therefore. 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 Three Hundred Twenty-Five Thousand Dollars($325,000.00)(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 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 by the 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. 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 hater than the first(1")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 Maieure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the 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. 3.4 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: Chris A. Johnson, P.E.; Project Manager 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 hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or 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 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 any way 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, INDENINIEICATION 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 bodily and 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". 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 insurer shall 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 mail 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, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees 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 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, Contractor shall 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 Reuorts. 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 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 indemnify the Contractor for 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 Dilutes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party, 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(10) 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 or the Contractor's right to 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 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 Contractor to 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 parry'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 cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different tines, 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 any delay in performance of this Agreement would be extremely difficult or impractical to determine hi the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Zero Dollars($0.00)as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). 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 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 parry 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 Emplovees. 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 ail persons claiming under or through them, that there shall be no discrimination against or segregation 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 that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 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 next page) UU/MM4 1XI 11:04 MA 4002/002 SEP-18-2003 FRI 04123 PM OITY OF PALM SPRINGS FAX NO. 7603228360 P. 12 IN WITNEMS WVHMWF,,the parties have eaecate4 and entered into this Agreement as of t W date.erat Writletl shove. M Y OF PALM SpmG9 ATTB$Tt a mmildi at eotporu op By. By, City Ckrk City A,a get AlTkOVPD AS TO FORM: City Attorney CONTRACCORt Chw&ornr_Ipdividuil`yarfdership ACorpora w ,CetpocWvar tagau+e two tneuued sigrutdtrm: Otte danwmm MU be from tha Cbaitptad of Roud,Pretidant.or any Vito pmsldw,The rotund *mum mM be from the S,.tcx-etttq.Amblim sou wrr.Tmsmor,Assistam Tasnvcr.or CWd Phtwid op9aq. Ay , t' ' g ter U 8y: Notitrized Siynattue of of Roped, NotartaW Sipmu Sc uy,Aset SW Wy, prealdom or.ay Vice Prao4e& Tradsttter,Asat trw4vc or Chief Fistapvia)Officer ' zrt�let r_ir�fs�t.�T,Gf - Name: �e ilteli-l- ,�,s Sate Ot 1 .t,,,ZaTO Staie ok:� . JM 1 .. tbemaErr of s p n County of.Sa/�1t�,vHaPf)u oa mme.`�_s�.t-r�Li�, a��nta+ry�wuG oplt•LF'o� bewra mn. ciu R,�l�ji K.,c�„�n�o�Y �ravc pr lx mpeued c petavttal7y 1aaNne7 r� omhbesit ofugdd'i emy ppaeanQanWatltyy paotw>pabazemd ( ,Ypm,Wei.mearovedwm7"I yr—s dLw.£t✓!5 ' basis of sefis<aaorY evidoece)m he the person(r)whops wma(s)is/ate stUribed to the LvWMo)to to dte person(r)whore nsmeW drum rob-dEUd n tba • widWotoshimatx asd acfaowledged nmath9tuelsuahuey rXFedtrd wid,iu uudzumamimdarYmwlcdBadWtae dattw/sbtehtdeY aacwmd , the tame im tt orAboir aamo[bed apaairy(its), add dud by the suac in bill mAheir wdmdW cgacrty(iw). and dust by ' birAtcrlthebsi5wtncq(.v)an We Lwkmnetaddepetson(a).orthoemtlry his/begthcir signatarKe)ad lhaios¢�dcnt tbepormp(Q,Qrthaaeaty upon%,mWof which dre penoa(s)scud,ex=rcd We itmmtment. upon bwholf of which are fwrwa(s)eeW,eaeeuted tbo huntsmen. WnNRSS my band&M oft eebt tad. Wnw8ss my band dross ctficialillw, Notary Sifgat{pte: Nntaty SigtwN[e: No ry Sw; Notary eat: JOHN:11 AMBROSEE .. T, 0 i1a606r1 JOHN AM8R05Emctz4o.cONly5ACRA :MOCOnWry n It cOAtM.♦Sa6RCDMN, 1'•stiLY2 NO tAlli•PUiItK•CAufOkMA ,rACkAMEWO Co ry (), COAIh4IXM.! Y 2,20Ga� 08/18/2003 FRS 16:31 EMU NO 76401 IM012 IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTES a municipal corporation City Clerk r 4) 17(03 City Manager 1 A I'l-e tent over/tmr*r $25,000 APPROVED AS TO FORM: T eviewefa �ITd approved by Procurement & Contracti g By: Initials a' ' Date City Attorney r A P.O.Numbe�,,.�.—.._— CONTRACTOR: 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: �,. .. G�""'�:, By: .� Notarized Signature of Chairman of Board, Notarized Signatur(Secr Cary, Asst Secretary, President or any Vice President Treasurer, Asst treasurer or Chief Financial Officer f Name:4_ -. - _ `'.�F ,.'/'`j'r4`i�%� Name: Title: `'� ',. ;..�,r i'r /;r• Title:vCi'�� Sw Stale of LAe/F AwrJ �,,,�o't o State ok_�42uGtL0AQ I L County of„__,��Iss CC 9 / County of �i Rri+✓K->Tl�Iss �J n � ) On •� v,before me, �,ya h. -{,.,Tri n St.T N(,f45Y AllRu� On/,' 7 &Z before me, —,I --ll /fn�r r�osr, ft/47lrlY personally appeared it p��.Il D / �_ /F7 4K personally appeared ,�;G//.9-R� ��✓/;S personally known to me(or proved to me on the basis of satisfactory personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the evidence)to be the person(s)whose name(s)is/are subscribed to the within instrmnent and acknowledged to me that he/she/they executed within instrument and acknowledged to me drat he/she/they executed the same in his/her/their authorized capacity(ies), mid that by the same in his/her/their authorized capacity(ies), and that by Iris/her/their signature(s)on the instrument the person(s),or the entity his/her/their signature(s)on the instrument the person(s),or are entity upon behalf of which the person(s)acted,executed the instrument. upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal WITNESS my hand and official seal. Notary Signature: j IY45� Notary Signature: ✓ Notary Seal: Notary real: JOHN R.AMBR�OSEE g j COMM.$ 1360671 . NOTARY PU LIC-CnuFORNIAb JOHN R,AMBROSE T ,E SACRAMENTO COUNTY (1, (_1 *f COMM.tt 1360671 i•: , COMM.ap.JULY 2.200A�' (0.,. • NOTARY PUBLIC-CALIFORNIA GI y SACRAMENTO COUNTY 0 m u COMM.EXP.JULY 2.2006 y 'J ail " l'�n 1i-5� L a7t�1'1:/i6L-� �L`"sJ"G IL EXHIBIT "A" SCOPE OF SERVICES General Scope. The intent of this contract is to provide the City with civil and structural engineering design services to accomplish the following improvements: the widening and construction of Belardo Road to its Secondary Thoroughfare - designated width (64 feet curb width, 80 feet right-of-way width, extending from Ramon Road to Morongo Road, and to its Collector-designated width(40 feet curb width, 60 feet right-of-way width, extending from Morongo Road to South Palm Canyon Drive), including associated intersecting street improvements; construction of a new bridge structure and related improvements across the Tahquitz Creek Wash; widening and construction of Mesquite Avenue from Belardo Road to its westerly end; and construction of an access road from Belardo Road to the Agua Caliente Tribe of Cahuilla Indians Tribal Interpretive Center. The Scope of Services as detailed herein shall provide the City with complete civil and structural engineering services that will result in the preparation of engineering plans, specifications and estimates (PS&E) with which to facilitate future construction of the desired improvements. PHASE ONE-PRELIMINARY ENGINEERING AND STUDIES Task 1.0 Project Management (Services required in Phase 1 and Phase 2) Project Management. Contractor shall be responsible for management of the engineering portion of the project including budgeting, document control and preparation and execution of a Quality Assurance/Quality Control Plan. Contractor shall schedule and conduct a project kick-off meeting within two weeks of Notice to Proceed (NTP). Contractor shall coordinate and attend Project Development Team(PDT)meetings with the City's Project Manager and other required representatives from affected agencies as necessary. The Project Manager, along with any necessary sub- consultants shall attend the meetings as appropriate. Minutes shall be prepared by the Contractor at each meeting and distributed to the City's Project Manager and other attendees at each succeeding meeting. Cost Accounting. Monthly expenditure reports shall be prepared project expenditures by task and milestone. The expenditure reports shall serve as the basis for monthly invoices. Scheduling. A project schedule shall be prepared within one month after receiving NTP from the City. The schedule shall include all tasks, milestones and project activities,deliverables, and shall reflect necessary review time by affected agencies. Project schedule adjustments shall be accommodated on an as needed basis throughout the duration of the project, and schedule updates shall be provided at each monthly progress meeting. Coordination with Environmental Consultant. Contractor shall coordinate with the City and Tribe's Environmental Consultant,Jones&Stokes, with regard to the preparation of all necessary and required preliminary engineering studies to be used in the environmental documents and technical studies being prepared for this project. Permitting. Contractor shall work closely with the City and the Riverside County Flood Control and Water Conservation District(RCFC). The Contractor shall coordinate required permit applications and permit processing with the RCFC, including encroachment permit coordination for field surveys and permitting/review of the project within RCFC right-of-way. Contractor shall identify additional locations outside of the right-of-way where it shall be necessary to obtain specific right-of-entry authorization from affected property owners, and shall provide a listing of candidate locations outside of the right-of-way to the City, with which to allow field staff to conduct geotechnical sampling and surveys within areas outside of right-of-way (if necessary). Task 2.0 Design Survey Mapping Survey Control. Contractor shall acquire and review survey information and record mapping to locate existing benchmarks, centerline, right-of-way and property corner monumentation at the County Surveyor's office and the City of Palm Springs. Contractor shall provide a primary horizontal control network throughout the project area based on the California State Plane Coordinate System, NAD83, Zone 6, or as agreed upon with the City of Palm Springs. Third order or better vertical control shall be established for ground surveys in terms of the North American Vertical Datum of 1988, or as agreed upon with the City of Palm Springs. Contractor shall perform all primary control survey work. Contractor shall also set twenty (20) aerial targets and perform a GPS control survey to establish coordinates and elevations on the targets. Topographic Mapping. Contractor shall coordinate flyover photogrammetry of Belardo Road for the project limits and of the alternative access road areas. Digital aerial mapping shall be prepared for areas sufficient to complete the project design. The mapping shall be prepared in Microstation format. The mapping shall be provided in English units with 1-foot contour intervals. Contractor shall use the aerial photogrammetry to produce a complete topographic base map. Design Surveys. Contractor shall perform design surveys including, but not limited to, cross sections of Tahquitz Creek, conform locations at the north and south ends of the project, street intersections, driveways, utilities, and miscellaneous surveys. Right-of-Way Mapping. Contractor shall conduct record data searches of survey records at the County Surveyor's office, City of Palm Springs record maps, and record deeds. Contractor shall perform a comprehensive right-of-way survey and prepare base right-of-way mapping for the entire project area using data collected. Task 3.0 Geotechnical Reports Geotecbnical Design Report. To facilitate preparation of design documents, the geotechnical studies for the roadway and related earthwork and pavement components of the project shall be documented in a Geotechnical Design Report. Obtain Available Materials Information. Contractor shall collect existing subsurface information that is available for the area, including geologic snaps published by the California Geological Survey, the United States Geological Survey, and groundwater well information. The available information shall be reviewed to provide seismic and geologic information and groundwater data for the project report and environmental documents.Findings,identifying seismic and geological hazards impacting the design and construction of the project, shall be documented in a preliminary geotechnical report, if requested by the City. Pavement Structural Sections. Contractor shall measure existing pavement structural sections using lest borings drilled for the Geotechnical Design Report. Samples of subgrade soil shall be obtained and R-Values shall be measured. Alternatives for pavement structural sections shall be developed with recommendations for the most suitable pavement types. It is assumed that the City shall provide Traffic Indices for use in pavement design. Field Exploration and Laboratory Testing. Contractor shall perform geotechnical field studies to obtain detailed information required for design. An adequate number of appropriately located borings to provide sufficient design information for the bridge and roadway are planned. The proposed boring locations shall be submitted to the City for review prior to commencement of the work. Contractor shall notify the City at least 48 hours prior to boring operations. Immediately after obtaining soil samples,boring holes shall be backfilled with non-shrink grout, concrete,or cold patch asphalt, as appropriate. Eight, five-foot deep test borings shall be drilled for the roadway portion of the project to enable pavement thickness measurements and subgrade sampling. The borings shall be logged by a geologist or engineer. Subsurface soil samples shall be obtained during the field investigation program for laboratory testing. Earth materials shall be classified in accordance with Caltrans'Office of Structural Foundations "Soil&Rock Logging Classification Manual(Field Guide)" dated August 1996 and the Unified Soil Classification System. Disturbed samples shall be obtained from drill cuttings and by driving a Standard Penetration Test(SPIT)sampler at frequent intervals. The SPIT sampler shall be driven with a 140-pound hammer falling 30 inches in accordance with ASTM procedures. Relatively undisturbed samples shall be obtained with a 2.50-inch inner diameter sampler driven with the 140-pound harmner falling 30 inches. Appropriate encroachment permits shall be obtained by Contractor before field work within the City of Palm Springs right-of-way is started. Upon completion of the field work, the borings shall be backfilled and pavements patched with cold patch or ready-mix concrete, as required by the permits. Contractor shall provide traffic control measures during geotechnical field work in accordance with the latest edition of the Caltrans Manual of Traffic Controls and the W.A.T.C.H.Manual. Contractor shall obtain permits and utility mark outs at least 48 hours prior to commencement of geoteclmical field work. It is assumed that the City permit shall be provided at no fee, and no allowance has been included in the cost estimate for a City permit fee. The laboratory program shall consist of moisture content determinations; classification tests; and R-value determinations. Engineering Analysis/Report Preparation. Contractor shall prepare and submit a geotechnical investigation report containing project description,table of existing structural sections at boring locations(identifying thickness and material types for pavement, base, and subgrade), laboratory test results, proposed structural sections using laboratory R-value data and Traffic Indices provided by the City, proposed subgrade preparation procedures, and other recommendations for earthwork related to roadway construction. A slope stability analysis of existing and proposed embankments for cut and fill slopes shall be performed and results included in the Geotechmeal Design Report. The magnitude and time rate of settlement of underlying soils due to the weight of the proposed embankments shall be determined. The report shall include a drilling/boring log for the determination of subsurface soils, and provide laboratory testing results, including recommendations for design. Structure Foundation Report. A Structure Foundation Report shall prepared. The Structure Foundation Report shall focus on structural foundation issues related to the bridge over Tahquitz Creek Wash. Field Exploration/Laboratory Testing. Contractor shall perform geotechnical field studies to obtain detailed information required for final design of the bridge. An adequate number of borings, located appropriately to provide information sufficient for design of the bridge, are planned. The proposed boring locations shall be submitted to the City to review prior to commencement of the work. Contractor shall notify the City at least 48 hours prior to boring operations. Immediately after obtaining soil samples,boring holes shall be backfilled with non-shrink grout. Contractor shall obtain all required permits and utility mark outs at least 48 hours prior to commencement of any geotechnical field work, including a no-fee City encroachment permit. One test boring and 2 test pits were located near the bridge as part of the 1990 investigation by M&T. The boring and one test pit were located near the center of the Tahquitz Creek channel. One test pit was located near the north abutment. Contractor proposes to explore subsurface conditions by drilling one test boring approximately 50 feet deep near the south abutment. The location shall be selected in consultation with City of Palm Springs personnel to minimize impacts on existing maintenance access roads. Permits shall be acquired as necessary from the City. The purpose of the boring is to confirm reasonable uniformity of subsurface conditions along the bridge alignment. The borings shall be logged by a Contractor geologist or engineer. Subsurface soil samples shall be obtained during the field investigation program for laboratory testing. Earth materials shall be classified in accordance with Caltrans' Office of Structural Foundations "Soil&Rock Logging Classification Manual(Field Guide)" dated August 1996 and the Unified Soil Classification System. Disturbed samples shall be obtained from drill cuttings and by driving a SPIT sampler at frequent intervals. The SPIT sampler shall be driven with a 140-pound hammer falling 30 inches in accordance with ASTM procedures.Relatively undisturbed samples shall be obtained with a 2.50-inch inner diameter sampler driven with the 140-pound hammer falling 30 inches. Appropriate encroachment permits shall be obtained before field work within the City of Palm Springs right of way is started. Upon completion of the fieldwork, the borings shall be backfilled with non-shrink grout. The laboratory program shall consist of moisture content determinations, classification tests and shear strength tests. Engineering Analysis/Report Preparation. Results of the field exploration and laboratory test programs shall be analyzed to develop idealized subsurface profiles and geotechnical design parameters for bridge foundations. The most appropriate foundation type and related capacity shall be recommended. Seismic parameters such as peak bedrock acceleration and depth to rock-like materials shall be provided. Other seismic hazards,if encountered, shall be addressed and recommendations shall be provided to mitigate these hazards. The results obtained from the field and laboratory programs, and the engineering analyses, shall be incorporated into a Structure Foundation Report, which shall include a Log of Test Borings (LOTB) sheet. The report shall describe the slope stability analysis for bridge abutment embankments, as well as design criteria for foundations for the proposed bridge, including foundation type, bearing capacity, anticipated settlement and lateral resistance. The magnitude and time rate of settlement of soils underlying the abutments due to the weight of the proposed embankments shall be estimated. Task 4.0 Preliminary Engineering Task 4.1 Draft Prelindinvy Engineering Report. Draft Hydraulics/Drainage Report. Contractor shall provide hydraulics analysis closely coordinated with the affected agencies, including the Riverside County Flood Control and Water Conservation District (RCFC). Peak design discharges and the HEC-RAS hydraulic model for Tahquitz Creek will be obtained from RCFC and/or FEMA. No detailed hydrologic analysis is expected. The report shall quantify the magnitude and frequency of the design flows from adjacent areas to the project area and the volumes attributable to the proposed improvements. Contractor shall prepare an appropriate technical study to analyze the existing stormwater runoff through the Tahquitz Creek, and to determine the appropriate 100-year flood water surface elevation and resulting freeboard required to establish the related bridge structure elevations. The Contractor shall prepare a study in coordination with RCFC, which shall be subject to their final review and approval, The Hydraulics Report shall also analyze and provide the amounts of and methods to control street surface stormwater runoff for the roadway improvements, including required drainage system solutions and detention/retention basin sizes and locations, if any, within the project area. Draft Scour Analysis Report. The purpose of this study is to determine the potential stream channel changes during future floods. The information generated by this study is needed for channel and bridge design to ensure structural stability. The general scour, contraction scour and local scour predicted at the bridge crossing shall be used in the design of the bridge and its footings. The study shall also provide the information for the toe entrenchment of the bank protection. The methods in accordance with the principles outlined in FHWA HEC Nos. 18 and 20 shall be employed. Draft Bridge Advanced Planning Studies(APS). Au APS shall be prepared for each alternative according to Caltrans guidelines, developing the optimal structure configuration and estimated construction costs. Draft Geometric Approval Drawings (GAD). Upon determination of the preferred alternative, geometric drawings shall be prepared for approval. These drawings shall cover the roadway and bridge improvements, and the area affected by them. The geometry of the project shall be defined and impacts to right-of-way and utilities shall be identified. Draft Access Roadway Alignment Study. Contractor shall analyze the proposed alignment of the access roadway from Belardo Road to the Tribal Interpretive Center, and determine physical constraints or other limitations of construction of an access roadway as proposed. Contractor shall review and propose alternative alignments, if any, in coordination with the Tribal Archaeologist and the City and Tribe's Environmental Consultant, Jones & Stokes, that may result in minimized environmental impacts, lower constriction costs, or other factors considered during review of the roadway alignments. Draft Preliminary Engineering Report. Contractor shall prepare a Preliminary Engineering Report which summarizes the data and analyses, designs and details, and conclusions and recommendations regarding the project for review and approval by the City of Palm Springs. A preliminary engineer's estimate shall be completed to determine the project cost. Task 4.2 Final Preliminay Engineering Report. Contractor shall revise the Hydraulics/Drainage Report, Scour Analysis Report, TMP, Bridge APS, GAD, Access Roadway Alignment Study, and Preliminary Engineering Report to incorporate all City and Caltrans review comments. The following final studies and reports shall be prepared: Final Hydraulics/Drainage Report; Final Scour Analysis Report; Final Bridge Advanced Planning Studies (APS); Final Geometric Approval Drawings (GAD); Final Access Roadway Alignment Study; and a Final Preliminary Engineering Report. PHASE TWO —FINAL ENGINEERING DESIGN (PS&E) Task 5.0 Roadway PS&E Task 5.1 Roadway PS&E(70%). Contractor shall complete roadway, drainage, traffic, miscellaneous plans, special provisions, and an engineer's estimate for review by the City at the 70% completion stage. Contractor shall prepare the following sheets: Title Sheet, Typical Cross Section Sheets, and Layout/Profile Sheets. Construction Detail Sheets. Construction detail sheets shall be prepared for driveways, curb transition details and miscellaneous details required for the project. Erosion Control Sheets. Contractor shall prepare plans for permanent erosion control facilities for the project. Design of these facilities shall include current Best Management Practices and shall conform to the City's Grading Ordinance and Storm Water Ordinance. Contour Grading and Drainage Sheets. Contractor shall prepare contour grading and drainage sheets.Major drainage features shall be shown along with cut/fill lines and design contours spaced at a one-foot interval. Pavement Delineation Sheets. Contractor shall prepare pavement delineation plans and pavement delineation quantity sheets. Roadway Special Provisions. Contractor shall prepare project specific roadway Special Provisions in accordance Caltrans'standards. The roadway Special Provisions shall bear the State of California Registered Professional Engineer registration seal with the signature, license number and registration certificate expiration date of the Engineer who prepared the special provisions or the Engineer under whose direction they were prepared. A list of contract items with item descriptions, item numbers, and units of pay, and item pay codes, but without quantities or estimated unit costs, shall be included in the special provisions. Roadway Engineer's Estimate. Contractor shall prepare an Engineers Estimate of construction costs,based on detailed quantity take-offs and the latest available Caltrans cost data, City's cost data and actual recent construction costs in the area. Quantities for all contract items, including cost of lump sum items, shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams and dimensions necessary to allow them to be independently used by field engineers. Task 5.2 Roadway PS&E(I00%). Contractor shall complete roadway, drainage, traffic, miscellaneous plans, special provisions, and the engineer's estimate for review by the City at the 100% completion stage. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, signature, certificate number, registration classification, expiration date of the certificate of the professional engineer responsible for their preparation. Contractor shall prepare the following plan sheets:Title Sheet,Typical Cross Section Sheets, and Layout/Profile Sheets. The following other plan sheets shall be prepared: Construction Detail Sheets,Erosion Control Sheets,Contour Grading and Drainage Sheets, Pavement Delineation Sheets. Roadway Special Provisions. Contractor shall prepare project specific Roadway Special Provisions in accordance with Caltrans' standards. Roadway Engineer's Estimate.Contractor shall prepare an Engineers Estimate of construction costs,based on detailed quantity take-offs and current unitprices. Task 5.3 Roadway PS&E(Final). Revise Roadway PS&E. Contractor shall revise Plans, Special Provisions, and Estimate to incorporate all Agency review comments. Combine Structure and Roadway PS&E. Contractor shall combine the Structure and Roadway PS&E into one cohesive bid package. Task 6.0 Structures PS&E Task 6.1 Structures PS&E(70%). Structures Type Selection Report and Meeting. A Type Selection Review Meeting shall be held with the City and Caltrans DOS (if necessary). At this meeting, Contractor shall discuss and provide information on foundation requirements, hydraulics requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost and other pertinent information needed to determine the proper structure type.The meeting proceedings shall be summarized in writing to the City within two weeks after the meeting. Two weeks prior to the Type Selection Meeting, Contractor shall submit to the City a General Plan, General Plan Estimate and Type Selection Memo. Upon approval of the structure type, Contractor shall perform a complete structural design for the bridge. The structure design shall be coordinated with the development of the Foundation Report,Hydraulic Report and Scour Analysis Report to ensure the proper selection of foundation type and proper development of foundation capacity. Contractor shall develop draft details to insure compatibility with the structural calculations. Plans and calculations shall conform to Caltrans' requirements and be made available for review upon request. Upon request the calculations shall be submitted on CD-ROM along with a hard copy. The design shall be based upon the Bridge Design Specifications, California Department of Transportation, and Division of Structures current edition. Bridge plans shall be prepared in accordance with the Bridge Design Details Manual, Bridge Design Aids Manual and Bridge Memos to Designers, California Department of Transportation, and Division of Structures current edition. The following sheets shall be developed: General Plan, Foundation Plan, Abutment Layout, Abutment Details, Typical Section, Girder Layout, Longitudinal Section, Architectural Details, Miscellaneous Details, Drainage Details, and Log of Test Borings. Structures Quantities and Preliminary Estimate. Contractor shall prepare unchecked quantities and preliminary estimate based on Caltrans and City cost data, and actual recent construction costs in the project area. Structures Special Provisions List. Contractor shall prepare a structures special provisions list for future development of special provisions. Task 6.2 Structures PS&E(10017c). Structures Independent Design/Quantities Check. Contractor shall conduct an Independent Check review upon the completion of the initial bridge design. The Independent Check Review shall consist of preparation of an independent set of structural design check calculations, quantity check calculations and review of the PS&E, which shall be performed by senior Structural Engineers who are not part of the design team. Contractor shall revise the following plan sheets to incorporate all Agency review comments and Independent Design Check Comments: General Plan, Foundation Plan, Abutment Layout, Abutment Details, Typical Section, Girder Layout, Longitudinal Section,Architectural Details,Miscellaneous Details, Drainage Details, and Log of Test Borings. Structures Estimate. Contractor shall provide quantity calculations and prepare the corresponding Structures Estimate using the latest available Caltrans cost data, City's cost data and actual recent construction costs in the Project area. Contract items shall be supported by quantity calculations prepared in a neat and orderly fashion and show all sketches, diagrams and dimensions necessary to allow them to be independently used by field inspectors. All quantity calculations shall be independently checked. Structure Special Provisions. Contractor shall prepare Special Provisions for items not covered by the Caltrans Standard Specifications or Standard Special Provisions (SSP's). The SSP's shall be edited and Structure Special Provisions specific to this project produced and incorporated into the Final PS&E. The Structure Special Provisions shall be prepared, signed and stamped by a California registered Professional Engineer. Task 7.0 Design Support During Construction Pre-bid Meeting and Inquiry Response. Contractor shall attend a pre-bid meeting, and provide bid interpretations, bid review and analysis. Contractor shall be available in the event that items requiring interpretation in the drawings or specifications are discovered during the bidding period, and shall prepare necessary addendum issued by the City (during bidding) or by change order after award of the construction contract. RFI and Submittal Assistance. Contractor shall be available in the event that items requiring interpretation in the drawings or specifications are discovered, and shall prepare necessary addendum issued by the City (during bidding) or by change order after award of the construction contract. Contractor shall review shop drawings and submittals including falsework, prestressing, shop drawings, and mix designs. Task 8.0 Utility Coordination (Services required in Phase 1 and Phase 2) Utility Conflict Identification. Contractor shall survey all visible utility features within the proposed area of improvements. Manholes, utility boxes and covers shall be uncovered or painted to make them visible in the aerial photography. Contractor shall identify all critical utility crossings that should be potholed during the design phase to confirm the location so as to avoid conflicts during construction. Contractor shall coordinate the potholing work to be performed by affected utilities and obtain the horizontal and vertical location of each utility that is potholed. Contractor shall prepare a Potholing Report that shall include a Potholing Map containing the following: geometric layout of the project with the existing utility locations, highlight and label utilities that may conflict with the Project, existing utility identification including the owner and the disposition of the lines, the Potholing Report shall list each utility that is in conflict with the project design. Information shall include, but not be limited to, the following: conflict label and drawing reference number for the utility conflict map on which the utility is highlighted and labeled; description, owner, and disposition of the utility; description of the potential or actual conflict that will occur due to the Project. Utility Coordination. Contractor shall coordinate with all of the effected utility companies and governmental agencies to obtain horizontal and vertical locations of their existing facilities. Meetings shall be held with utility companies and the City as required to ensure project coordination. Schedules and progress reports for the utility effort shall be prepared. Plans and cost estimates provided by the utility companies shall be reviewed and recommendations made. END OF SCOPE OF SERVICES END OF EXHIBIT "A" EXHIBIT "B" SPECIAL REQUIREMENTS Add the following to Section 2.0, Compensation: Section 2.3 Cost Principles. The Federal Acquisition Regulations in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. 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, Perform-mce Bond, is waived. Section 6.2, Records, shall be amended to add the words "and State and Federal representatives" after and at the locations where the word "Contract Officer" appears. Section 7.7, Liquidated Damages, is waived. Add the following to Section 7.0, Enforcement of Agreement: Section 7.11 Subcontracts. Any subcontracts or contractual arrangements ("subcontracts") between the Contractor and other parties ("subcontractors") entered into in the performance of this Agreement to which the City is not named shall include all applicable provisions of this Agreement and the Contractor shall require that its subcontractors thereby comply with all such applicable provisions. Add the following to Section 9.0, Miscellaneous Provisions: Section 9.6 Administrative Requirements. This Agreement shall comply with all applicable provisions of the Uniform Administrative Requirements in Title 49, CFR 18. Add the following to Section 9.0, Miscellaneous Provisions: Section 9.7 Covenant Against Contingent Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee commission,percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to atrul this agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee,commission,percentage,brokerage fee, gift, or contingent fee. Add the Following to Section 9.0, Miscellaneous Provisions: Section 9.8, Disadvantaged Business Enterprise (DBE) Requirements A. DBE Participation Requirements and Regulations General The DBE participation for this contract is 6 percent. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," in the award and administration of DOT-assisted contracts. The regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this contract. Noncompliance by the Contractor with the requirements of the regulations is a material breach of this contract and may result in termination of the contract or other such appropriate remedy as the City of Palm Springs deems appropriate. The Contractor shall include the following in each subcontract the Contractor signs with a subcontractor: 1. A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. 2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. 3. Contractors shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. B. Performance of DBE Contractors, Subcontractors and Suppliers DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor's response to the contract award requirements in Exhibit 15-G, "Local Agency- Bidder DBE— htformation" of the Local Assistance Procedures Manual(LAPM), attached(as modified herein), unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Paragraph G, "DBE Substitution and Additions", of this Article. C. Prompt Payment to DBE and Non-DBE Contractors The Contractor shall not be entitled to any payment for the work or material,unless it is performed or supplied by the listed subcontractors (DBE or non-DBE), or by the Contractor's own forces,pursuant to prior written authorization of the Contract Manager. This is the case even if other contract work is not completed and has not been accepted in conformance with the terms of the contract by the State. The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory performance of their contracts within ten(10) days from receipt of each payment from the City of Palm Springs made to the Contractor. D. Prompt Payment Progress Pay Retention to DBE and Non-DBE Subcontractors The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of the contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. E. DBE and Non-DBE Subcontractor Payment Records The Contractor in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of tier. The records shall show the dale of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of work. Upon completion of the contract, a summary of these records shall be prepared on Exhibit 17-17, "Final Report Utilization of Disadvantaged Businesses"of the Local Assistance Procedures Manual(LAPM), (to be provided to the Contractor upon request), and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Contract Officer. The Exhibit shall be furnished to the Contract Officer with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. F. Penalty Assessed for Failure to Provide Subcontractor Payment Records Ten Thousand Dollars ($10,000)will be withheld from payment if Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM is not submitted. The amount will be paid to the Contractor when the form is submitted. G. DBE Substitutions or Additions The Contractor may not substitute, or terminate for convenience a DBE subcontractor, a supplier or — if applicable a tricking company, listed in the original bid/proposal without the prior written approval of the Contract Manager. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor's own forces. The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. The Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the contract. DBEs must be certified at the time of the substitution or addition. Contractors shall submit requests for substitution in writing to the Contract Officer. Authorization to use other subcontractors or suppliers may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this contract or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract. 5. The listed DBE was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two working days after the bid opening and copies of that notice to both the subcontractor he or she claims to have listed in error and the intended subcontractor who had submitted a bid to the Contractor prior to bid/proposal opening. 6. The listed DBE was not licensed as required by the State of California Contractor's Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions. 7. The workperformed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 9. When it is in the best interest of the City of Palm Springs. Prior to approval of the Contractor's request for substitution to the Contract Officer,the Contractor shall give notice in writing to the listed DBE subcontractor of the Contractor's request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to the Contract Manager. Failure to respond to a written objection shall constitute the listed subcontractor's consent to the substitution. H. Termination of a DBE ht conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Contractor shall not: 1.1 Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel), or those of an affiliate, unless the Contractor has received prior written authorization from the Contract Officer to perform the work with other forces or to obtain materials from other sources 1.2 If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. I. DBE Certification Status If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the contract, the subcontractor shall notify the Contractor in writing with the date of certification. Upon completion of the contract, the Contractor shall complete Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM, indicating the DBEs certification status and shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Contract Manager within 30 days from the date of completion of the contract. J. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LOCAL AGENCY BIDDER-DBE INFORMATION (Exhibit 15-G, modified) CO. -RTE. -K.P.: 08 -RIV -0 - Psn CONTRACT NO.: PLHL 5282 (020) CONTRACT AMOUNT: $325,000.00 CONTRACTOR'S NAME: DOKKEN ENGINEERING DBE GOAL FROM CONTRACT: 6% DBE PRIME CONTRACTOR CERTIFICATION: NOT APPLICABLE Contract Item DBE Cert. Name of DBE's Dollar No. Amount DBE Design Survey Mapping CT-006729 Aguirre&Associates $39,939.50 Total Claimed Participation 12.29% END OF EXHIBIT "B" 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. Sub-Task Total Task Total Lump Su tn Lump Sutn PHASE I -PRELEUINARY ENGINEERING AND STUDIES Task 1.0, Project Management --- $17,300.00 Task 2.0, Design Survey M#Uing --- $44,900.00 Task 3.0, Geotechnical Reports $18,300.00 Task 4.0, Preliminary Engineering Report --- $72,700.00 Task 4.1, Draft Preliminary Engineering Report $59,100.00 --- Task 4.2, Final Preliminary Engineering Report $13,600.00 --- Task 8.0, Utility Coordination $1,900.00 Phase 1 Subtotal $155,100.00 PHASE 2 -FINAL ENGINEERING DESIGN (PS&E) Task 1.0, Project Management --- $17,300.00 Task 5.0, Roadway PS&E --- $59,100.00 Task 5.1, Roadway PS&E (70%) $40,200.00 -- Task5.2, Roadway,PS&E(100%) $14,400.00 -- Task 5.3, Roadway PS&E (Final) $4,500.00 Task 6.0, Structures PS&E --- $78,600.00 Task 6.1, Structures PS&E(70%) $50,400.00 --- Task 6.2, Structures PS&E (100%) $28,200.00 Task 7.0, Design Support During Construction --- $13,000.00 Task 8.0, Utility Coordination $1 900.00 Phase 2 Subtotal $169,900.00 Total of all Tasks of this Contract --- $325,000.00 END OF EXHIBIT "C" EXHIBIT "D" SCHEDULE OF PERFORMANCE Phase 1 shall be completed within a time frame required to obtain FHWA approval of an Environmental Document for the project (length undetermined). Phase 1, Tasks 1 and 8 shall be completed as required throughout the duration of Phase 1. Task 2 shall be completed within 70 working days of receipt of a Notice to Proceed for Phase I from City. Task 3 shall be completed within 60 working days of receipt of a Notice to Proceed for Phase 1 from City. Task 4 shall be completed within 120 working days of receipt of Notice to Proceed for Phase I from City. Phase 2 shall be initiated upon receipt of a Notice to Proceed from the City following FHWA approval of an Environmental Document for the project. Phase 2, Tasks 1, 5 and 8 shall be completed within 130 working days of receipt of Notice to Proceed for Phase 2 from City. Task 6 shall be completed within 110 working days of receipt of Notice to Proceed for Phase 2 from City. Task 7 shall be completed as required throughout the duration of construction. END OF EXHIBIT "D" AaC_0RD CERTIFICATE OF LIABILITY INSURANCE, OP ID P DATE(MMIDD/YY) KKE-1 10/13/03 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R C Fischer & Co - Sacramento HOLDER:THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 r,, ; Phone: 916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE .- INSURED INSURER A: Golden Eagle Ins Corp A+ INSURER B Fireman's Fund Ins Co A p Dokken Engineering, etal wBURERC _ 11171 Sun Center Dr. Ste. 250 INSURER 0: Rancho Cordova CA 95�70 INSURERS: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NSR POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LTR DATE MM/DD/YY DATE MMIDD/VY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CBP9597901 05/12/03 05/12/04 FIRE DAMAGE(Any one fire) $ 100,000 CLAIMS MADE [X] OCCUR MED EXP(Any one person) $ 5,000 -PERSONAL&ADV INJURY S1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICY jE` LOG Emp Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000'000 A X ANY AUTO CBP9597901 05/12/03 05/12/04 (Ea a"'dens) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per ace dent) PROPERTY DAMAGE $ (Per amdenp GARAGE LIABILITY rAl NLY-EA ACCIDENT S ANVAUTO HAN EA ACC $ NLY. All $ EXCESS LIABILITY EACH OCCURRENCE s4,000,000 B X OCCUR CLAIMS MADE XEK00085573244 05/12/03 05/12/04 AGGREGATE 54,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E L EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE S EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days written notice of cancellation for nonpayment of premium. Certificate Holder is named as Additional Insured per form(s) attached. Project: Belardo Road Bridge & Roadway Widening City Project 87-49 (DE1411) CERTIFICATE HOLDER Y ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PAI,ms 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING I NS URER WILL EN DEAVOR TO MAI L *30 DAYS WRITTEN Public Works/Engineering Dept NOTICE TO TH E CERTI FICATE HOLD ER NAMED TO THE LEFT,B UT FAI LURE TO DO SO SHALL Attn: Marcus Fuller IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 2743 Palm Springs CA 92263-2743 REPRESENTATIVES. A RIZ EPRESENTAT .(N U.l ACORD 25-S(7197) U C., V or ©ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURA!"i OF ID P DATE(MM/DDNY) KKE-1 10/13/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R C Fischer & Co - Sacramento HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 Phone: 916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE INSURED INSURFRA. CNA Insurance Companies A g INSURER B Dokken Engineering INsuRERc Attn: Dick Dokken 11171 Sun Center Dr. Ste. 250 INSURER Rancho Cordova CA 95i INSURER 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSLTR TYPE OFINSURANCE POLICY NUMBER DATE MM/OD/YVPOLICY VEPOLICY DATE(MM/DDmON LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMP/OP AGG $ POLICY 7 PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per acc,dent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: ASS S EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ E L DISEASE-EA EMPLOYEEI $ - - - EL DISEASE-POLICY LIMIT $ OTHER A Professional Liab. AEA003987226 03/13/03 03/13/04 Occurence 2,000,000 Errors & Omissions Aggregate 3,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Deductible: $100,000 *10 Day Notice of Cancellation for Non Payment of Premium, 30 days all other notices. Project: Belardo Road Bridge & Roadway Widening City Project 87-49 1 CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PALMS-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN Public Works/Engineering Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Marcus Fuller IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 2743 Palm Springs CA 92263-2743 REPRESENTATIVES. A RIZ EPRESENTAT rCN[l4� ACORD 25-S(7197) 1 V J ©ACORD CORPORATION 1988 ACORo. CERTIFICATE OF LIABILITY INSURAIi OP ID P DATE(MMIDD/YY) KKE-1 10/13/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R C Fischer & Co - Sacramento HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 2210 - K Street # 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sacramento CA 95816 Phone: 916-443-5963 Fax:916-443-5978 INSURERS AFFORDING COVERAGE INSURED INSURER State Insurance Fund NR-4 INSURER B. Dokken Englneerinq INSURER 11171 Sun Center Dr. Ste. 250 INSURER Rancho Cordova CA 95t70 INSURER 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 CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) S CLAIMS MADE OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY (Per accident) S NON-OWNED AUTOS PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHERTHAN EA ACC S AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE It OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY A 1697711-03 07/01/03 07/01/04 E.L.EACH ACCIDENT $ 1,000,000 EL DISEASE-EA EMPLOYEE $ 1,000,000 - - EL.DISEASE-POLICY LIMIT S1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Day Notice of Cancellation for Non Payment of Premium, 30 days for all other notices. Project: Belardo Road Bridge & Roadway Widening City Project 87-49 (DE1411) Waiver of Subrogation to be issued by company CERTIFICATE HOLDER N ADDITIONAL INSURED;INSURER LETTER:_ CANCELLATION PAT.MS-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN Public Works/Engineering Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Marcus Fuller IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P.O. Box 2743 Palm Springs CA 92263-2743 REPRESENTATIVES. A RR EPRESENTAT iN ACORD 25•S(7/97) V i V ©ACORD CORPORATION 1988 GOLDEN EAGLE INSURANCE CORPORATION P. O. BOX 85826 - SAN DIEGO, CA 92186-5826 ADDITIONAL INSURED - OWNERS, LESSEES Policy No.: CBP9597901 OR CONTRACTORS (FORM B) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. The coverage afforded the additional insured does not apply to any project on which"your work"was completed prior to the effective date of this endorsement. SCHEDULE Additional Premium: Name of Person or Organization: City of Palm Springs CG2010(11/85)Modified GECG601 (10/98) Includes copyrighted material of Inswance Services,Inc., 1992 with its permission. �l GOLDEN EAGLE INSURANCE CORPORATION P. O.BOX 85826 - SAN DIEGO, CA. 92186-5826 PRIMARY INSURANCE ENDORSEMENT Policv No. CBP9597901 THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement No. (If issued after'he effective date) : Endorsement Effective: (At 12:01A.M. Standard Time) Named Insured: Dokken Engineering The insurance provided by this policy for the benefit of the Additional hisured shown in the Schedule shall be primary insurance as specifically described in COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG001 Section IV Commercial General Liability Conditions, 4.Other Insurance a.Primary Insurance SCIIEDULE Name of Person or Organization: City of Palm Springs GECG 827A (11/97)