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04724 - DMC DESIGN GROUP MESQUITE WIDENING CP94-17
Kathie Hart From: Marcus Fuller Sent: November 16, 2010 4:26 PM To: Kathie Hart; Carrie Rovney Subject: RE: A4724.pdf- DMC - Mesquite Street Wideing Jl� Kathie, yes the contract can be closed. Carrie—please close out the PO. Sincerely, Marcus L. Fuller, P.E., P.L.S. Assistant City Engineer/ O Assistant Director of Public Works City of Palm Springs (760) 323-8253, ext. 8744 www.palms rp ingsca.gov Marcus.Fuller@paimspringsca.gov From: Kathie Hart Sent: Tuesday, November 16, 2010 2:12 PM To: Marcus Fuller Subject: A4724.pdf- DMC - Mesquite Street Wideing Marcus: In Jan. 2010 you told me to reopen this agreement. Shall I continue to keep it open, or is it ok to close it now? Thx! 11/16/10 Page 1 of 1 Kathie Hart From: Marcus Fuller Sent: January 21, 2010 11.22 AM To: Kathie Hart Cc: Carrie Rovney Subject: DMC Design Group, Contract for Mesquite Ave Widening Kathie, please reopen the contract with DMC Design Group, it appears there is one last item of work left to complete I was unaware of. Thanks sincerely, Marcus L.Fuller,P.E.,P.L.S. Assistant Director of Public Works/ Assistant City En.-meer City of Palm springs (760)323-8253, ext. 8744 www. alp insprinssca.anv Marcus.Fuller apahnsl)rinesca^_ov Please note new e-mail address of"pahnspringsca.gov". 01/21/10 Page 1 of 1 Kathie Hart From: Marcus Fuller Sent: January 14, 2010 5.44 PM To: Kathie Hart p3 3 Cc: Carrie Rovney U Subject: FW: Mesquite Widening Design Agreement Kathie, you can close out the agreement. Thx Ci From: David M. Cosper [mailto:dmcosper@dmcdg.com] Sent: Thursday, January 14, 2010 9:13 AM To: Marcus Fuller Cc: dacosper@dmcdg.com; 'Joshua Cosper' Subject: RE: Mesquite Widening Design Agreement Marcus: We are paid to date and do not intend to bill further on This contract. As far as DMC Design Group,lnc, is concerned,this contract can be closed out. Thank you. David M.Cosper,P.E.-Project Manager DMC Desire Group, Inc. 140 North Maple, Suite 104 Corona,CA 92880 951-549-8100(Office) 951-549-8102(Pax) From: Marcus Fuller [mailto:Marcus.Fuller@palmsprings-ca.gov] Sent: Tuesday,January 12, 2010 9:54 AM To: David M. Cosper Subject: Mesquite Widening Design Agreement Dave, I just want to confirm that your last invoice of 2/1/09 we paid was the final invoice. We're preparing to close out your PO/contract. Your agreement no. is 03-027 The only item left with any balance was Task 4.16 for the ponding easements, which I'm assuming wasn't fully invoiced because the ponding easements aren't necessary?Are there any other charges against this task? Sincerely, Marcus L.Puller,P.E.,P.L.S. Assistant Director of Public Works/ Assistant City Engineer City of Palm Springs (760)323-8253,ext. 8744 www.palmspringsca.gov Marcu5,Fu11 er[7palm spl-ingsca.gov Please note new e-mail address of"palnnsprinascaZov". 01/14/10 AMENDMENT NO. 5 TO CONTRACT SERVICES AGREEMENT NO. 4724 WITH DMC DESIGN GROUP, INC. MESQUITE AVENUE WIDENING CITY PROJECT NO. 94-17 The following articles of Agreement No. 4724 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Hundred Eighty-Five Thousand Seven Hundred Twenty-Five Dollars ($185,725.00). SCOPE OF SERVICES (Exhibit "A") - Please see attached sheets for additional work. SCHEDULE OF COMPENSATION Exhibit °C" - Please see attached sheet. Purchase Order Number(s): 316609 Agreement Number: 4724 Original MO Number: 7326 City Council Approval: June 18, 2003 Original Contract Amount: $ 125,975.00 Previous Increases: $ 48,650.00 Amount of Increase: $ 11,100.00 Amended Total: $ 185,725.00 Account Number 420-6800-55008 SIGNATURES ON LAST PAGE UR GHNAL B0 AlND/OAR ArSREEMCi13"Ti Except as specifically amended by this Amendment No. 5,all terms and provisions of Agreement No. 4724 remain in full force and effect. ATTEST, CITY OF PALM SPRINGS, ' a municipal corporation By. By - City Clerk 1 11 f 2 pOg City ManageF APPROV D o FORM: 1/ APPROVED BY CITY COUNCIL 0 A�k1a�4 By: CdyAttorney � ,� CONTRACTOR: Check one individual Parmership Corporation Corporations mauve two notarized signatures: One si6maturc nr�nsr be Cram the Chmnnan oraoard,President,or any Vice Proeidcru The second si6maturs jjuM be Gomthe Secretary, Assistant Secretary,T� ..c,, Assistant Treasurer,or Chic r Financol OffeeQ. �C�SPJ Qy: atat tz of Cl airman Of Quard, Nnntrizcd Signature Secrerzry, Asst S crctary, Pr ° or n Vi c President I reasurcr, Asst treasurer or Chief Financial Officer I Name: Name: / '7�/a-/ !y J /C`17,�4.f R•/ ��cS Titlu: FSP�II�i G`N — _. Ttrlc:.//��i—fF'7� CA{ "� lC Sulu urr'r 'iyff' is State n`t'.a {ef� 1 !/7 Cat/rmty�ty--oF61&rdpp" f [�/�,Is�s + ' n, �m. ^ayl� County oF_�:�V)eVVjILALss Ont�`t,St�tu'hclorc m��'tilnnA M QDE��Ffl�.,2,.�4W, r'"�'P�'.tC Ofm-1 �'liGLo°for�r�md] a 1/p personally appeared.&— d�d M , l�oa2e A personally uppwrcdo �tY �d pergnnslly known[o me(or- me on t c basis oPsa[isfnetory peronally known to me(or roved to me on e hngis t dory evidence)to be the pecan whose nume�k ve subsc.ibcd to the ev�c)to be the persal whose nsme� %arc s.6serlbed to the within instrument aund zcknow edged to me tha 'c/s c/they executed within ingtruntcnt aid acknowledged to me t cat hch t hey executed d s.nme in 11 er/heir authnnzcd capacity , nand thar by the sc in his(i r�rh�eii authnnzcd eapaeity(i "]',wand that by hi crhhem s atur n tho msl umCn the ersnu.),or the entityhiy her heir sianaturcyi;.t n thcjns mmem the pcj soirf L ordte entity upon belmlrof which the person(,acted.ecaued the insnmmcm. upon behalf of winch the person,N acted,executed the mstrumtnl WITNESS my hand u�mt oC7tial/s'call WITNESS my hand and o i cal scstl. Notary Signature: nF A Icy ` Notary Sigmamrc: ✓./ �t—' Notary Seat Notary Send: SARAITORREBLANCA Ag SARAITORRESLANCA _ Commission# 1684796 zz _ CommisslDn;*16E4796 i� Notary PtlCllc-California 5 ,-t: Ncti"y Publlc -California Riverside County Riverside County My Comm.Expires Jul 29,201 My Comm.Expires Jul 29,201 D EXHIBIT A is amended as follows: Add the following services: Task 4.18 Storm Drain Line 22, Phase 2, RCFC Access Road. Contractor shall complete necessary topographic surveys and mapping of an area between the proposed Line 22 outlet structure and Gene Autry Trail, the design and preparation of plans (1 plan and profile sheet) necessary for construction of an access road of Gene Autry Trail to a maintenance staging near the Line 22 outlet structure, modifications to current quantities and coordination with the RCFC&WCD for approval of the proposed improvements. Task 4.19 Storm Drain Line 22, Phase 2, WWl'P Percolation Pond Modifications. Contractor shall revise five (5) sheets to reflect the proposed pond modification improvements to be constructed prior to the start of construction of Line 22 Storm Drain Improvements, and resubmittal of plans to RCFC&WCD for final review. EXHIBIT C is amended as follows: The Table of task item lump sum fees is replaced with the following: Sub-Task Total 'task Total Lump Sum Lump Sum Task 1.0, Project Management ... $12,630.00 Task 1, I, Kick-Off'Mecting $1,390.00 --- Task 1.2, hold PDT Meetings 59,470.00 --- Task 1.3, Project Schedule Updates $750,00 --- Task 1.4, Prnicct Prepress Reports 81.020.00 Task 2 0, Design Development --- 524,040.00 Task 2.1, Research 52,840.00 --- Task 2.2, Review/Confirm Accuracy of'I opo-Survey SI,580.00 --- Task 2 2(a), Topographic Survey 54,950.00 --- Task 2 3, Review/Confirm Accuracy of Riglit-of-Way Rase Maps 51,580.00 --- Task 2.4, Prepare Preliminary Construction Budget 52,280.00 --- Task 2 3. Gcorechnlcal invcstieadous S10,810.00 Task 3.0, Street improvement Plans, Specifications and Esiimatu (PS&E) --- $32,100.00 Task 3.1, 35% Submittal $11,590.00 --- Task 3,2, 65% Submittal $10,255.00 --- Task 3.3, 100% Submittal 56,365,00 --- Task 3.4, Final Site Visit $760,00 --- Task 3.5. Final Submittal $3,130.00 _ Task 4.0, Storm Dram Improvement plans, Specifications and Estimate (PS&E) --- 584,93$-00 Task 4.1, Storm Dram Alignment and Feasibility Study 17,735,00 --- Task 4.2, Ilydraulic/hydrology Study 13,360.00 --- Task 4.3, 35% Submittal 55,080.00 --- Task 4.4, 65% Submittal 56,015.00 --- Task 4.5, 100% Subnttal $3.125.00 --- Task 4.0. Final Site Visit 5760.00 --- Task 4.7, Final Submittal 51,810.00 --- Task 4,8, Storm Drain Easements 53,900.00 --- Task 4.9, Sewer Utility Relocations $7,500.00 --- Task 4.10, Horizontal Control for DWA Sewer Utility Relocations $1,550.00 --- Task 4.11, Revise Storm Drain Plans for Phasing $4,000.00 --- Task 4.12, Storm Drain Line 22 Extension $5,000,00 --- Cask 4.13, Storm Drain Line 22 Extension Fascment 53,000.00 --- Task 4.14, Storm Dram Line 22 Extension Drainage Study 52,000.00 --- Task 4,15, "Pending Easemem" Drainage Studies 57,500.00 --- Task 4.16, Ponding Easements 56,500.00 --- Task 4 17, Storm Drain Line 22, Phase 2, RC FC Processing S2,000.00 --- Task 4.18, Storm Drain Line 22, Phase 2, RCf C Access Road $7,500.00 --- Task 4.19, Storm Drain Line 22. Phasc 2, W WTP Percolation Pond $3,600.00 Task 5.0, Landscape & Irrigation Plant, Specifications and Estimate (PS&E) --- 523,470.00 Task 5.1, Major Architectural Approval (MAA) SS,970.00 --- Task 5 2, 35% Submittal $7,500.00 --- Task 5.3, 65% Submittal $2,500.00 --- Task 5.4, 100% Submittal 52,000.00 --- Task 5.5, Final Site Visit 8500.00 --- Tack 54 Final Submittal 52.000.00 Task 6.0, Project Advertiscmcm & Bidding $3.590.00 Sub-Total of all Tasks of this Contract --- $181,065.00 Reimburseablc Expenses (Not to Exceed, based on priot payment of verified project costs) $4,660.00 Grand Total of this Contract (Not to Exceed) $185,725M o3 v � -4 (D (00 4 ' p AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 4724 U) WITH DMC DESIGN GROUP, INC. o D ; MESQUITE AVENUE WIDENING o tia 6) CITY PROJECT NO. 94-17 b a 0 Dg The following articles of Agreement No. 4724 are hereby amended to read as follows: `m 0 fl: SECTION 2.1 Maximum contract amount is amended to One Hundred Seventy-Four Thousand Six Hundred Twenty-Five Dollars ($174,625.00). SCOPE OF SERVICES (Exhibit "A") - Please see attached sheets for additional work. SCHEDULE OF COMPENSATION (Exhibit "C") - Please see attached sheet. Purchase Order Number(s): 316609 Agreement Number: 4724 Original MO Number: 7326 City Council Approval: June 18, 2003 Original Contract Amount: $ 125,975.00 Previous Increases: $ 17,900.00 Amount of Increase: $ 30,750.00 Amended Total: $ 174,625.00 .Account Number: 135-4371-55008 OuRNG %IAL BID EXHIBIT A is amended as follows: Add the following services: Task4.11 Revise Storm Drain Plans for Phasing. Contractor shall revise the current set of Storm Drain Improvement Plans, Specifications and Estimate (PS&E) to divide up the storm drain design for Line 22 into two phases (Phasel and Phase 2). Contractor shall prepare PS&E for Phase 1 for immediate City and RCFC approvals, and proceed with design for Phase 2 for future City and RCFC approvals. Task 4.12 Storm Drain Line 22 Extension. Contractor shall prepare Storm Drain improvement Plans, Specifications and Estimate (PS&E) for the extension of Line 22 to relocate the outlet of Line 22 from the originally planned location, to a point immediately upstream of the Gene Autry Trail bridge across the Palm Canyon Wash and Tahquitz :,reek. Contractor shall prepare PS&E for Phase 2 for City and RCFC approvals, including special design considerations necessary for RCFC approval of the installation of Line 22 within the existing Tahquitz Creek levee prism. Task 4.13 Storm Drain Line 22 Extension Easement. Contractor shall prepare necessary legal descriptions (Exhibit A), plat maps (Exhibit B), and closure statements for storm drainage and access easements across City property(Wastewater Treatment Plant) necessary for conveyance from the City to RCFC for the purpose of maintaining the proposed extension of Storm Drain Line 22 improvements. Task 4.14 Storm Drain Line 22 Extension Drainage Study. Contractor shall revise the existing Drainage Study as necessary to incorporate the extension of Storm Drain Line 22 to relocate the outlet of Line 22 from the originally planned location, to a point immediately upstream of the Gene Autry Trail bridge across the Palm Canyon Wash and Tahquitz Creek. Contractor shall revise the Drainage Study as necessary for RCFC approval. Task 4.15 "Ponding Easement"Drainage Studies. Contractor shall prepare Drainage Studies (Unit Hydrographs) to determine storage volumes and limits of storage, including maps that generally show the limits of the storage area of the difference between the 10- year frequency volume of stormwater runoff contained within the proposed storm drain improvements (Storm Drain Lines 21 and 22) and the 100-year frequency volume of stormwater runoff that is expected to flood affected properties (Demuth Park and the Wastewater Treatment Plant). Contractor shall prepare Drainage Studies as necessary for RCFC approval of "Ponding Easements" required by RCFC. Task 4.16 Ponding Easements. Contractor shall prepare necessary legal descriptions (Exhibit A), plat maps (Exhibit B), and closure statements for"ponding easements" across City property(Demuth Park and Wastewater Treatment Plant) necessary for conveyance from the City to RCFC for the purpose of complying with RCFC requirements of providing constructive notice and recorded easements of potential flooding that might occur despite construction of the proposed storm drain improvements. Task4.17 Storm Drain Line 22,Phase 2,RCFC Processing. Contractor shall coordinate all plan check review, corrections, and processing of Storm Drain Improvement Plans, Specifications and Estimate (PS&E) of Phase 2 of Storm Drain Line 22 through RCFC necessary to obtain RCFC approval. Plans, Specifications and Estimate (PS&E) of Phase 2 of Storm Drain Line 22 through RCFC necessary to obtain RCFC approval. EXHIBIT C is amended as follows: The Table of task item lump sum fees is replaced with the following: Sub-Task Total Task Total Lump Sum Lump Sum Task 1.0, Project Management --- $12,630.00 Task 1.1, Kick-Off Meeting $1,390.00 --- Task 1.2, Hold PDT Meetings $9,470.00 --- Task 1.3, Project Schedule Updates $750.00 --- Task 1.4, Proiect Progress Reports $1 020 00 Task 2.0, Design Development --- $24,040.00 Task 2.1, Research $2,840.00 --- Task 2.2, Review/Confirm Accuracy of Topo-Survey $1,580.00 --- Task 2.2(a), Topographic Survey $4,950.00 --- Task 2.3, Review/Confirm Accuracy of Right-of-Way Base Maps $1,580.00 --- Task 2.4, Prepare Preliminary Construction Budget $2,280.00 --- Task 2.3, Geotechnical Investigations $10 810.00 Task 3.0, Street Improvement Plans, Specifications and Estimate(PS&E) --- $32,100.00 Task 3.1, 35% Submittal $11,590.00 --- Task 3.2, 65% Submittal $10,255.00 --- Task 3.3, 100% Submittal $6,365.00 --- Task 3.4, Final Site Visit $760.00 --- Task 3.5, Final Submittal $3.130.00 Task 4.0, Storm Drain Improvement Plans, Specifications and Estimate (PS&E) --- $73,835.00 Task 4.1, Storm Drain Alignment and Feasibility Study $7,735.00 --- Task 4.2, Hydraulic/Hydrology Study $3,360.00 --- Task 4.3, 35% Submittal $8,080.00 --- Task 4.4, 65% Submittal $6,015.00 --- Task 4.5, 100% Submittal $3,125.00 --- Task 4.6, Final Site Visit $760.00 --- Task 4.7, Final Submittal $1,810.00 --- Task 4.8, Storm Drain Easements $3,900.00 --- Task 4.9, Sewer Utility Relocations $7,500.00 --- Task 4.10, Horizontal Control for DWA Sewer Utility Relocations $1,550.00 --- Task 4.11, Revise Storm Drain Plans for Phasing $4,000.00 --- Task 4.12, Storm Drain Line 22 Extension $5,000.00 --- Task 4.13, Storm Drain Line 22 Extension Easement $3,000.00 --- Task 4.14, Storm Drain Line 22 Extension Drainage Study $2,000.00 --- Task 4.15, "Ponding Easement" Drainage Studies $7,500.00 --- Task 4.16, Ponding Easements $6,500.00 --- Task 4.17, Storm Drain Line 22, Phase 2, RCFC Processing $2,000.00 Task 5.0, Landscape&Irrigation Plans, Specifications and Estimate(PS&E) --- $23,470.00 Task 5.1, Major Architectural Approval (MAA) $8,970.00 --- Task 5.2, 35% Submittal $7,500.00 --- Task 5.3, 65% Submittal $2,500.00 --- Task 5.4, 100% Submittal $2,000.00 --- Task 5.5, Final Site Visit $500.00 --- Task 5.6, Final Submittal $2,000.00 Task 6.0, Proiect Advertisement&Bidding $3 890.00 Sub-Total of all Tasks of this Contract --- $169,965.00 Reimburseable Expenses(Not to Exceed, based on prior payment of verified project costs) $4,660.00 Grand Total of this Contract (Not to Exceed) $174,625.00 Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 4724 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation " City Clerk City Manager PRO/VE TO FORM: APPROVED By CITY COUNCIL By: A ity Attorney CONTRACTOR: 11 Check one:_Individual_Partnership_Corporation Cot p cations to re Jwe n tarized igP"I'll s: One signature must be from the Chanman of Board, President, or any Vice President The see d stgnaurr ran st be f om e than Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). c./ BY By: 6� ?t-L/,P ✓� � [.l�icCiP) _ T.�jfl Nolarized Signahi f C-4rmr+aa -ep-Beard, Notarized Signature Secretary,'g�3t Secretary, President or—aaq— tiee�t Treeasurei, Asst treasurer or Chief Financial Officer Name: Lwyl/J /t✓l. �c'�SFa,� Nam, A -174v fill- Title: Title:�aJ�z;�e' a �✓2 State of td"G�.. State of County Of � �,ll ?S?���'ss � County of Iss On Ub,�{me me, �h%'✓ - � '��'/' On before me, L'1t+41g� personally appeared ,}ZN„IV 2�,�rd(Gl�+��t/��" penally appeared pet serially known to me(or proved to me on the basis of sausfactory personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons)whose name(s),e/are subscribed to the evidence) to be[he persons) whose name(s)is/are subscribed to the within instrument and acknowledged to me that ha4skehhey executed within instrument and acknowledged to me that he/she/they executed the same in hisikedtheir authorized capacity(tes), and that by the same in his/her/their authorized capacky(tes), and that by krisdker/dheir signaiure(s) on the instrument the person(S), or the his/her/their sagnamre(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the entity upon behalf of which the person(s) acted, executed the instrument, instrument WITNESS my hand and official seat. WITNESS my hand and official seal. Notary Signature: . Lff`a,{,,L"-.�/ �''� G'tr1/C�x✓ Notary Signature: Notary Seal: Notary Seal: daGi�®C)v �� COiNW1. gila2D544 ci NOTAP.Y PUBLIC CALlrOi INA"_-, RNER°IDL COUNTY Comrn.6�uires Aug.4,20G7 I�' M E M O R A N D U M TO: Carrie Rovney Public Works/Engineering FROM: Kathie Hart Chief Deputy City Clerk DATE: October 24, 2005 SUBJECT: DMC Design Group Inc Amend 4 to A4724 cc: File Attached is a duplicate original of the above referenced agreement. We have kept the originals and bonds for our files. Please feel free to contact me if there are any questions, ext. 8206. /kdh attach. CONTRACT ABSTRACT Contract Company Name: DMC Design Group, Inc. Company Contact: David Cosper Summary of Services: CP#94-17, Mesquite Avenue Widening Contract Price: $174,625 (including this Amend#4 for $30,750) Funding Source: 135-4371-55008 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Marcus Fuller/Pete Agres Contract Approvals council/eomnnnfityRedevelopitteii A#4 Approval Date: d« =>•: ' fteney Approval Date: Original Award- June 18, 2003 Minute Order : Original MO#7326, Amend#4 MO# 1'1""`t�.' n Agreement Number: 4724 Contract Compliance Exhibits: /"% Signatures: Insurance: Bonds: s Contract prepared by: 7 Submitted on: VCVo By. THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 4724 WITH DMC DESIGN GROUP, INC. FOR CIVIL ENGINEERING DESIGN AND LANDSCAPE ARCHITECTURAL SERVICES CITY PROJECT NO. 94-17 The following articles of Agreement No. 4724 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Hundred Forty-Two Thousand Three Hundred Twenty-Five Dollars ($143,875.00). DMC Design Group, Hie. EXHIBIT A is amended as follows: Civil Engineering Design&Landscape Architectural Services Add the following services: 3rd AMEND to#4724 CM signed 8-5-04 Task 4.10 Horizontal ControlforDWA Sewer Utility Relocations. Contractor shall provide horizontal control staking every 50 feet along the proposed alignment of Storm Drain Line 22 in the immediate area of the 36" and 24" effluent line locations, as shown on the most recent storm drain improvement plans, as necessary to provide Desert Water Agency(D WA)with horizontal control of Storm Drain Line 22 for D WA's design ofthe relocation of the 36" and 24" effluent lines as required to avoid a conflict with the alignment of Storm Drain Line 22. EXHIBIT C is amended as follows Add the following: Task 4.10, Horizontal Control for DWA Sewer Utility Relocations, Sub-Task Total Lump Sum$1,550.00 Amend the following: Task 4.0, Storm Drain Improvement Plans, Specifications and Estimate(PS&E) Task Total Lump Sum$43,835.00 Amend the following: Sub-Total of all Tasks of this Contract, $139,935.00 Grand Total of this Contract, $143,875.00 Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 4724 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, aammunniiciipal corporation City Clerk y C y Manager APPROVED AS TO FORM: r'lpfr'f G?0%i, I.J yeJI!1 irk'('_liii�d ';%(fJ'i(rjiL�I����Jj�,U City Mtorney CONTRACTOR: Check one:_Individual Partnership XCorporation Corporations require two notarized signatures One signature must be from the Chaurnan of Board,Piesident,or any Vice President The second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By: A By:'"�--'���fL2� (.��Bva.y' ' •C. t"'IS'u:-e'er otarized i a re •f Chairman of, oard, Notarized Signature Secretary,Asstt - cre��tary, Piesii nt o ny Vhu President Treasurer,Asst treasurer or Chief Financial Officer Name: Namo�OJ/f Q- f`�fl'7 I"L���yy5�� Title: dry ��o��-1)- Title:Carr,,_— C PC]_ e__jLj. Stare of �"� ld�n7/7wc�L%�r� State of 11—yFel"U"� County of,t> Alj oUd!jel ss County of a,„(r?,.y$j - )ss OnU nt z0/beforeme, 6y,D.�npl�i On �� �z before me, �/(t�(��� "q r�'dJ personally appeared 'Jiym) 1°�. ('.r°}3p-'�i� personally appeared US/Y9=2,Pv'��",vo7d/v73 /SAE ���>�'f COf�✓�1�� personally(mown to me(or proved to me on the bans of satisfactory personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose camels)is/pre subscribed to the evidence)to be the person(s)whose name(s)is/ace subscribed to the within instrument and acknowledged to me that he/she they executed within instrument and acknowledged to me that her s�/Rhey executed the same in his/her/their authorized capacity(ics), and that by the sa e inhis "er heir authorized capacity(ies), and that by his/herAheii signature(s)on the instrument the person(s),or the en e-/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument upon behalf of which the persons)acted,executed the instrument WITNESS my hand and official seal WITNESS my hand and official seal Notary Signature. /f//i!/�'CV �C� Notary Signature: Notary Seal: Notary Seal: COLET I E L. GORDON v COLETTC L. GORDON �l COMM. 3429544 (Willy �., - 4 ry ;tii�o NOTARY PUELIC-CALIFORNIA� TARP P "'��'��^F' '"' r a� NOTARY PUELIC�CALIFOItNIA%,�4 RIVERSIDE COUNTYRIVERSIDE COUNTYMyComm.Expires Aug.4,2007 Comm.Expires Aug.4,2007 I CONTRACT ABSTRACT Contract Company Name: DMC Design Group, Inc. Company Contact: David Cosper Summary of Services: CP#94-17, Mesquite Avenue Widening Contract Price: $143,975 (including this Amend#3 for $1,550) Funding Source: 132-4298-50177 / 134-4371-55008 /420-6800-50000 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian /Marcus Fuller/Pete Agres Contract Approvals Council/eminnunity Redevelopment CM to approve Amendment#3 Agency Approval Date: Original Award - June 18, 2003 Minute OrderResolution Number: Original MO#7326 Agreement Number: 4724 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: L ,G D_ iyu liruuN h - Mesquite Widening CP94-17 AGREEMENT #4724 Amend 2 CM signed 06/15/04 SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT NO. 4724 WITH DMC DESIGN GROUP, INC. FOR CIVIL ENGINEERING DESIGN AND LANDSCAPE ARCHITECTURAL SERVICES CITY PROJECT NO. 94-17 The following articles of Agreement No. 4724 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Hundred Forty-Two Thousand Three Hundred Twenty-Five Dollars ($142,325.00). EXHIBIT A is amended as follows: Add the following services: Task 4.9 Sewer Utility Relocations. Contractor shall prepare plans, specifications and estimates as required for construction of a sewer lateral relocation for the existing restroom facilities located at the Demuth Park. Contractor shall also prepare plans, specifications and estimates as required to relocate a portion of the 48" secondary effluent line within the wastewater treatment plant as necessary to avoid a conflict with the alignment of Storm Drain Line 22. EXHIBIT C is amended as follows: Add the following: Task 4.9, Sewer Utility Relocations, Sub-Task Total Lump Sum$7,500.00 Amend the following: Task 4.0, Storm Drain Improvement Plans, Specifications and Estimate (PS&E) Task Total Lump Sum $42,285.00 Amend the following: Sub-Total of all Tasks of this Contract, $138,415.00 Grand Total of this Contract, $142,325.00 Except as specifically amended by this Amendment No.1-, all terms and provisions of Agreement No. 4724 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk City Manager APPROVED AS TO FORM: By. Clty-A torney CONTRA ck vn . Individual_Partnership /Corporation d`o rporanons req ire[u 't/otar ed si ia� re' One signature must be from the Chairman of Board,President,or any Vice President TI'e s,�econd sign ture7on� �mn-il eti e t ary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). By: By: Notarized Signa at of Chain an of Board, Notarized Signature Secretar , j ro4 Secretai�, President or any ee-president Treasurer, Asst treasurer or Chief puianctal Officer Name: ,�17-Li/ram _ ��i!-'�''� Name: Title: Title: Oe}, •;!-d�Z,/?.27fa�'C.�-- 'l!.-�LZt^y1 �1 / /� State of 4�-�L�1}�,)aG' �tl-o- State County of 7�d (Tss County of ;,�Il b,✓ ;? b(2ft95 OnL�,-g' before me, On ' `�&�-6efore me. oh. J1 C;t--u(i'6Xr"..1} 9 personally appeared 19MIlD M. ��`9����� personally appeared,��tn�°�i 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 die personJs)whose nam�qismrc-subscribed to the evidence)to be the personts�-whose name,(- is}m. subscribed to the within instrument and acknowledged to me diagW-d/she/kho),executed within instrument and acknowledged to me thatlie sshh�lthey executed the same in(ry hes/Yheir authorized capacity(ies); and that by the same in his4fi-tiltheir authorized capaciry(Z), and that by �h'i Sher-41heiasi'namre,(s n the mstrmnen[[he persoujs)'or the entity histh�t4eir signature(,syon the instrument the personj(s.)-, r the entity upon behalf of which the personpYacted,executed die instrument. upon behalf of which the person(-)'acted,executed the instrument. r WITNESS my hand and offecial��s at WITNESS my hand and fficia e 1. Notary Signature: s t1141 4Va) Notary Signature: ,�'' 6l• Notary Seal: Notary Seal: ,•;rs '+• AgJ)JM.FIR BAUGH,11 tiCOMM. y131056,+7 > J ... a xx>.: //,,��''y`` A. N,7. REC3AUL'I-1!i0 NOS ARY PUBLIGCALIF6RNIA G— �"``a� \'� OOP M.�1310567 II,',f$ �4 �r• � �RIVEOSIOE COUNTY Cy l..� ({fir 4 f afiy Camrn.E ires June 24,2005 f I,„f NOTARY PUBLIC-CALIFORINIA ,l.i' RIVERSIDE COUNTY c'� Nry Comm.Expires June 24,2005 � DMC Design Group Landscape Architect CP94-17 AGREEMENT #4724 Amend 1 FIRST AMENDMENT TO CONTRACT SERVICES AGREEII CM signed 4-15=04 WITH DMC DESIGN GROUP, INC. FOR ------- - - - ----- ------ CIVIL ENGINEERING DESIGN AND LANDSCAPE ARCHITECTURAL SERVICES CITY PROJECT NO. 94-17 The following articles of Agreement No. 4724 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to One Hundred Thirty-Four Thousand Eight Hundred Twenty-Five Dollars ($134,825.00). EXHIBIT A is amended as follows: Add the following services: 7442.2(a)Topographic Surveying. Contractor shall provide additional topographic surveying and mapping of lands along a 1,500 feet long portion of the north-south alignment of Storm Drain Line 22 from Mesquite Avenue to the Tahquitz Carryon Golf Course and an 1,800 feet long portion of the east-west alignment of Storm Drain Line 21 along the southern perimeter of the wastewater treatment plant, from Demuth Park to Storm Drain Line 22. Task 4.8 Storm Drain Easements. Contractor shall prepare six(6)legal descriptions(Exhibit A),plat maps (Exhibit B), and closure statements for storm drainage and access easements across City property(Demuth Park, Wastewater Treatment Plant and Tahquitz Canyon Golf Course)necessary for conveyance from the City of Palm Springs to the Riverside County Flood Control and Water Conservation District for the purpose of maintaining the proposed Storm Drain Line 21 and Storm Drain Line 22 improvements. EXHIBIT C is amended as follows: Add the following: Task 2.2(a), Topographic Surveying, Sub-Task Total Lump Sum$4,950.00 Amend the following: Task 2.0, Design Development, Task Total Lump Sum $24,040,00 Add the following: Task 4.8, Storm Drain Easements, Sub-Task Total Lump Sum$3,900.00 Amend the following: Task 4.0, Storm Drain Improvement Plans, Specifications and Estimate (PS&E) Task Total Lump Smn$34,785.00 Amend the following: Sub-Total of all Tasks of this Contract, $130,915.00 Grand Total of this Contract, $134,825.00 AWNM . W Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 4724 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, f -- - a municipal corporation City Clerk 6 - 0 City Manager APPROVED AS TO FORM: t p I� 5'M'rilfv By: owT'uQ'� 'ty torney o(i� mt� ">3a6 A414 CO R-ACT- • Check one: _Individual Partnership _Corporation orporattoas r q re t o' ze sr stores: One signature must be from the Chairman of Board,President,or any Vice President. se nd sig re s be o th ecretary, Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial-Officer). By: Notarized Signs e of 'r- an of Boa By: Qwli- nd � ysetrd, u AsS � � President or any Vice President Treasurer, Asst treasurer or Chief Financial Officer t.Name:-2)yVi V A4 FJSeryt. Name:,a/pi/j 17 0 Title: V'w-Iyon Title: (_,tln6i-e Z State of a FTLY-A 7`LI' State of I Countyt�of _, '�e. Iss County oC v Iss 013/ /�f before me,4 -11 C/1/)!�y{sj� On 2� before me,&IAI 4' zT w y/ // /- personally appeared � (/',o( �J,�()$ � personally appeared A;31)A"x /y? �ewute-rue(or proved to the on the basis oT satisfactory w@wxsuuallr U.,at.^�z(or proved to me oryry�e basis of satisfactory evidence)to be the personXwhose name�7are subscribed to the evidence)to be the person whose namel',(}jd/are ubscribed to the within instrument and acknowledged to me th ,ha p te�they executed within iastnunent a d ack u wledged to me that /she executed the Same iq! ffm(tTtsir authorized capacity(lcs), and that by the sane m he 'r authorized capaciq�* , and that by hr ignamre(S�on the instrument the person'(s),or the entity he /?heir signam 're on the instrument the person�sl,or the entity upon behalf of which the person*(S-acted, executed the instrument. upon behal of which the personZS)-acted,executed the instrument. WITNESS my hand (and /�oofrficcii/al seal. WITNESS my hand mid official seal. Notary Signaturc U_C%t-,D�� Notary Signature;/ \ �/�p���i>�t-----�"� Notary Seal: Notary Seal: IC�I�A,•SEAt �i ',; "^.-�^,ty OFFICIAL SEAT DENEA BRE41\IBUCHER DENEA BREITENBUCHERy� NOTARY PUBLIGCAUFlN1NIA,J „ 52. NOTAW%1BUGCALIFORNWr 6 e• COMM. NO.1273650 ae� COMM.N0.1273650 RIVERSIDE COUN'^' / RIVERSIDE COON'^" My COMM.FxP.AUG.12, pv CQMM.EXP.AUG.1$711N DMC Design Group Mesquite Widening CP94-17 CITY OF PALM SPRINGS AGREEMENT #4724 Public Works and Engineering Department M07326, 6-18-03 CONTRACT SERVICE AGREEMENT MESQUITE AVENUE WIDENING CITY PROJECT NO. 94-17 (F THIS CONTRACT SERVICES AGREEMENT(herein"Agreement"), is made and entered into this day of ,.,.,,, c° , 20c ''},by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and) and Design Group, Inc., (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scone 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 may be referred to herein as the"services"or"work"hereunder. As a material inducement to the City entering into this Agreement,Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality,fit for the purpose intended. For purposes of this Agreement,the phrase"highest professional standards"shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of 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 Contractor 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, slid 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 DO 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 Snecial 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 One Hundred Twenty-Five Thousand Nine Hundred Seventy-Five Dollars ($125.975.00) (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 later than the first(V working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force 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: David M. Cosper, P.E.; Principal 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, INDEMNIIIICATION 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 until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance,endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the City,its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, 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 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required 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 fill 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 Disputes. 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 parry'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 party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 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 in 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 party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated(provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRVMNATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation,partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against 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) IN WITNESS WHEREOF,the parties have executed and entered into this Agreement as of the date first written above. CFPY OF PALM SPRINGS ATTEST: a municipal corporation - ----- City Clerk IL City Manager Agreement over/under $25,000 APPROVED AS TO FORM: Kvviesved and approved by Procurement & contracting I By: 1�togtia9s �c��,,- Date City Attorney X'•AF'N QV9P FYI I7NF QA7y ('iMMWAL CONTR TOR:, Check one:_Individual Partnership_Corporation _._ ---_ , Corpo bons require hk'o,natiria d signatures: One signature must be from the Chairman of Board,President,or any Vice President.The second signa�re mttskhp,Iro re ec eta Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). BY'v\' ,� B b0!1'�L4 i Notarized Signature of Chairman of Board, Notarized Signature Secretary, A`s'st Secreta yJ11! President or any Vice President Treasurer, Asst treasurer or Chief Financial Officer Name: �l"l l'o m. (in C� Name: / Iim if 3�^ L d �7 {� _ Title: d t7d rq l pr^n. / B�>°26 8°CjP=�^Ofl Title:j.t U,I State of State of 1 i 1k)h'V/,/j I County of dOI'F_ 's/agr• Iss / County of '"///6L45,0 i Iss On / q before me, .�e^a 1/C� � �� On (li^ before me, � � �-/.�„G�e�Je�'Ct 4-- personally 3 y/ '% �q— personallyeared 9.)-" .pacsehraily-Imuvmte me(or proved to me on the basis ot'satisfactory (or proved to me on the basis of satisfactory iJ evidence)to be the personfs)'Cvhose mor a(s) sore subscribed to the evidence)to be the persons)-whose namae; are subscribed to the withhl instrument and acknowledged to me dral(hE/she/they executed within instrument and acknowledged to me that he/a-e.they execute the same in u1/her/their authorized capacity.( )® and that by the same in his /their authorized capacity(ies); and that by ( lher/their signatme(aj-on the instrument the person(s)�'or the entity his fier their signamre(sytin the instrument the person(s)-,or the entity upon behalf of which the person(s)-gcted,executed the instrument. upon behalf of which die person(s),acted,executed the instrument. WITNESS my hand and official seal. WITNESS my(rand and official seal. Notary Signat�r e-� ��� Notary, 'gnatut c" /18- Notary Seal. Notary Seal: r 9ELLE VELA 1:,OdfdM. M' 4!34464 � � . m a �C-Sal � U..r_t"s1'¢P�'!h'e'aiLGN:�u'EdAd4 fiR7'o- dfci, #1254 464 rm ' NOTARY PUBLIC-CALIFORNIA� I " '� e TRoIr TDB COUNTY ter- NOT "PUBLIC P.NIAal M Comm E�� fires March 22,200h xAF.1 P CALIFO { y nIVER,iIDE COUNTY d My Cumm.Bttpires March 22,20da1 EXHIBIT "A" SCOPE OF SERVICES General Scope. The intent of this contract is to provide the City with civil engineering design and landscape architectural services to accomplish preparation of plans, specifications and estimates (PS&E) for construction of the widening, modification, and improvement of Mesquite Avenue, generally located between El Cielo Road and Gene Autry Trail, including the use of an approved conceptual traffic circulation plan for Mesquite Avenue requiring construction of: a raised median to separate east-west through-traffic from Demuth Park user-oriented traffic; construction of diversion and connector roads and modification of existing parking lots;construction of additional traffic calming improvements within the project area, as generally shown on the conceptual plan; installation of landscaping and irrigation improvements within the proposed median and otter areas; and installation of storm drain improvements for the area consistent with the proposed system identified by Line 22 from the Master Plan of Drainage for the Palm Springs Area, prepared by Riverside County Flood Control District(RCFC), or an alternative alignment combined in part with the proposed system identified by Line 21 from the Master Plan of Drainage. The Scope of Services as detailed herein shall provide the City with a comprehensive set of civil engineering and landscape architectural plans, specifications and estimates (PS&E) with which to facilitate future construction of the proposed improvements as one complete project. Task 1.0 Project Management Task 1.1 Kick-Off Meeting. This meeting shall include: a. Clearly defining work tasks to be accomplished. b. Finalizing the project schedule including critical milestones, and deliverables. c. Identifying and discussing existing project constraints and concerns. Task 1.2 Hold PDT Meetings. A Project Development Team (PDT) including representatives from the City of Palm Springs and Riverside County Flood Control District (RCFC) shall be established after Notice to Proceed(NTP). A kick off meeting with the PDT shall be held as soon as possible after NTP. PDT meetings with the City of Palm Springs Project Manager and other representatives from affected agencies shall be held once a month, or as required. The team leaders and/or subconsultants shall attend PDT meetings as appropriate. Contractor shall prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties. Task 1.3 Project Schedule Updates. After receipt of the NTP, Contractor shall provide a detailed project schedule to the City of Palm Springs for review and comment, and shall revise throughout the project duration to reflect project status. Task 1.4 Project Progress Reports. Progress reports shall be prepared in accordance with City of Palm Springs guidelines. Contractor's progress reports typically include: Schedule updates, including a comparison of planned completion, actual completion, and % billed; an Executive Summary; a list of outstanding issues; and a description of completed activities. Reports shall be prepared monthly. Contractor shall prepare monthly reports of expenditures for the project by task and milestone. Expenditures include direct labor costs, other direct costs and sub consultant costs. These reports shall be included as supporting data for invoices presented to the City of Palm Springs every month. Contractor shall also provide "Action Item" lists to keep all PDT members informed of project progress. Task 2.0 Design Development Task 2.1 Research. Working with staffs from the City, Riverside County Flood Control and Water Conservation District and affected utilities,Contractor shall obtain copies of all available record documents that will define the existing design and right-of-way limits contiguous to the project. Copies of all documents used to establish the design and right- of-way shall be furnished to the City upon conclusion of the project. Documents to be obtained include: As-Built Drawings; Assessor Maps; Intersection Ties, Field Notes, Benchmark Data; Pertinent In-Progress Drawings; Existing Utility Drawings and Maps; Flood Zone Designations; Existing Geotechnical Reports; Right-of-Way Maps; Records of Surveys/Tract Maps. Task 2.2 Review/Confirm Accuracy of Topo-Survey. Contractor shall obtain and review the topographic and field surveying information provided by the City. Upon completion of review, Contractor shall notify the City of any missing EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT information and any additional topographic or field survey information required for the project. Additional topographic or field survey information shall be subject to negotiation of an agreed price and in addition to the original contract sum. Task 2.3 Review/Confirm Accuracy of Right-of-Way Base Maps. Contractor shall obtain and review the City's base map of the right-of-way and approved conceptual traffic circulation plan providing the location of existing improvements (topographic field survey)and proposed improvements(median island,connector roads,and parking lot reconfiguration). Contractor shall be responsible for ensuring that existing right-of-way information and topographic field survey information are accurate, and shall use the base map in the preliminary design of the proposed street improvements. Task 2.4 Prepare Prelinainmy Construction Budget. Contractor shall determine an initial construction cost estimate based on available information,including as-built plans and information provided in the Riverside Comity Flood Control and Water Conservation District's Master Drainage Plan for the Palm Springs Area - Zone Six. Contractor shall separate the project costs into the various improvement phases, such as roadway widening, Line 21, Line 22, landscape improvements, etc., and advise City staff as to the ability of the current budget to encompass the full range of improvements required by the City. Task 2.5 Geotechnical Investigations. Geotechnical investigations shall be conducted along Mesquite Avenue to evaluate the existing pavement and subgrade soil conditions and to provide pavement design recommendations for the proposed pavement improvements. More specifically, the Geotechnical Investigation tasks shall include the following activities: Research-Project coordination and review of readily available geologic maps, published literature, stereoscopic aerial photographs, in-house information, and other reports and/or plans Acquisition of Permits - Obtain necessary encroachment permits for the City to conduct subsurface investigations Site Visits - Geotechnical site reconnaissance shall be conducted to document the general condition of the existing pavement, to select and mark the proposed boring locations, and to coordinate with Underground Service Alert for underground utility location Subsurface Sampling-Drill nine(9)borings using hollow stem auger technique, three(3)borings shall be ten(10)feet deep and six (6) borings shall be five (5) feet deep, the borings shall be backfilled with cuttings and patched at the surface with AC as required by the City Lab Testing - Soil samples collected during the field investigation shall be reexamined to confirm their field classifications and to select samples for testing. The following tests shall be conducted: Moisture content/dry density- (9); Atterburg limits/particle distribution - (3); Compaction - (6); R-Value - (6); pH, sulfates, chlorides - (3); Sand Equivalent- (6); Sieve Analysis - (3) Data Compilation and Analysis -The results of the data review, and field and laboratory tests shall be the basis of the engineering analysis. Conclusions and recommendations regarding site conditions (existing pavement thicknesses and conditions), site preparation and grading, asphalt pavement design with alternative sections, deep foundation design for the traffic signal and soil corrosion potential shall be developed. Geoteclmical Investigation Report - The conclusions and recommendations developed from the analysis shall be summarized into a final report together with supporting field and laboratory test results and logs of test borings, following Caltrans guidelines. The final report shall include a Table of Alternative Structural Sections for various conditions. The Table shall provide unit costs and discuss the benefit each section provides. The Report shall identify the thickness of existing asphalt concrete and base material separately and the presence of additional buried road surfaces throughout the subgrade, if encountered during the boring operations, as well as recommendations on recycling of the existing pavement. Task 3.0 Street Improvement Plans, Specifications & Estimate (PS&E) Scope. Contractor shall prepare street improvement plans,specifications and estimate for construction of the widening, modification, and improvement of Mesquite Avenue, from Mountain View Drive to Vella Road, a length of EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT approximately 3,250 feet. The Mesquite Avenue improvements shall be consistent with the approved conceptual traffic circulation plan provided by the City and shall include: Street improvement plans for the construction of a 12 feet wide raised median to separate east-west through-traffic on Mesquite Avenue from Demuth Park user-oriented traffic, including a one-way diversion road with parallel parking to connect with the existing Demuth Park access road and westerly parking lot, and a one-way connector road with parallel parking to connect with the westerly parking lot and the central parking lot within Demuth Park. Contractor shall prepare plans using the conceptually approved typical section of one 20 feet wide lane for west-bound through-traffic; one 12 feet wide lane for east-bound through-traffic; a 12 feet wide raised median; and one 20 feet wide lane for east- bound Demuth Park local traffic for the length of Mesquite Avenue between Mountain View Drive and Nueva Vista Drive. Contractor shall prepare plans to reconfigure the intersection of Mesquite Avenue and Nueva Vista Drive for a 4-way intersection, in coordination with the reconfiguration, as required, of the existing central parking lot within Demuth Park. Street improvement plans for the construction of curb and gutter improvements located at 32 feet south of centerline, from Nueva Vista Drive to Vella Road (where required), including traffic calming measures (raised cross-walks, pavement chokers, or other approved measures). Contractor shall coordinate the location of traffic calming measures with the location of existing driveways and consider impacts the proposed traffic calming measures will have with existing utilities,postal service access,and adjacent on-street parking. Contractor shall prepare plans to provide a raised median and traffic barrier to divert west-bound traffic on Mesquite Avenue at Vella Road, creating a "free right-turn" movement, as shown on the approved conceptual traffic circulation plan; and shall revise and elevate the Mesquite Avenue and Vella Road intersection to remove the existing "dip" section to coordinate with installation of proposed storm drain improvements. Traffic striping and signage plans necessary to implement the approved conceptual traffic circulation plan. Contractor shall prepare plans using the conceptually approved typical section of one 20 feet wide lane for west-bound through- traffic; one 12 feet wide lane for east-bound through-traffic; a 12 feet wide raised median; and one 20 feet wide lane for east-bound Demuth Park local traffic for the length of Mesquite Avenue between Mountain View Drive and Nueva Vista Drive. Contractor shall prepare plans to include striping of parallel parking spaces along the 20 feet wide lane for east-bound Demuth Park local traffic. Contractor shall prepare plans for additional traffic striping and signage improvements between El Cielo Road and Mountain View Drive, as well as between Nueva Vista Drive and Gene Autry Trail, as required to divert traffic circulation as required to implement the approved conceptual traffic circulation plan. Traffic control plans necessary to facilitate all required project construction and facilitate through, as well as, local traffic, showing stage construction, traffic handling, detours, construction area signs and temporary pavement delineation. Stormwater pollution prevention plans (SWPPP) as necessary and required by the City's National Pollution Discharge Elimination System (NPDES) Permit Task 3.I 35% Submittal. Plans. Contractor shall provide to the City for review and comment the following plans: Title Sheet; Street Typical Sections and Details;Street Improvement Plans&Profiles,Traffic Striping&Signage,and Traffic Control. A Standard City title block for plan sheets shall be used, to be provided by the City in digital Autocad R14 format. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall be responsible for all utility research and utility coordination throughout the duration of the project. Contractor shall be responsible for obtaining "as-built" or "record drawing" plans of existing utilities within the project area, and for identifying accurate utility locations on the plans. Contractor shall provide the 35% submittal to all impacted utility companies and shall begin formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected hi progress plans submitted for review. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 3.2 65% Submittal. Plans. Contractor shall revise the 35% submittal (plans and engineer's estimate) to reflect all City comments. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Special Provisions. Contractor shall prepare and provide to the City for review and comment technical specifications and special provisions for the project. The 2000 Standards for Public Works Construction, "Greenbook", shall be used. City standard "boiler plate" special provisions in Microsoft Word 5.0 format shall be provided by the City. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utility companies and shall continue formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in.progress plans submitted for review. Task 3.3100% Submittal. Plans. Contractor shall revise the 65% submittal(plans,technical specifications and special provisions, and engineer's estimate) to reflect all City comments. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Utility Coordination. Contractor shall provide the 100% submittal to all impacted utility companies and shall continue coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 3.4 Final Site Visit. Contractor shall conduct a final site visit to confirm that all issues have been addressed in the plans. In particular, conflicting utilities, constructability, access and safety shall be reviewed. Task 3.5 Final Approval Submittal. PS&E. Contractor shall revise the 100%submittal(plans,technical specifications and special provisions,and engineer's estimate) to reflect all previous comments. Contractor shall provide an original set of mylar plans to the City for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the City for signature. A digital copy of plans in Autocad R14 format, and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the City. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utility companies (including U.S. Filter, contract agency for maintenance and operation of the Palm Springs Wastewater Treatment Plant and Sewer System). Notice shall be formally given of the City's intent to advertise the project for construction. All utility impacts, adjustments, or relocations shall be itemized, reviewed, and approved by the respective utility company prior to approval of plans by the City. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. Task 4.0 Storm Drain Improvement Plans, Specifications & Estimate (PS&E) Scope. Contractor shall review topographic information, existing location and depths of sewer main and reclaimed water lines within the wastewater treatment plant, and coordinate with Riverside County Flood Control District(RCFC) as required to determine the ultimate alignment of a storm drain system necessary to serve the project area and to be included in the scope of the project. An initial determination shall be made of the feasability to install a storm drain system along the proposed alignment of Storm Drain Line 22, as identified on the "Master Drainage Plan for the Palm Springs Area", prepared by RCFC, in relation to existing improvements located within the Palm Springs wastewater EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT treatment plant. In the event analysis indicates the alignment of Storm Drain line 22 is not feasible, Contractor shall determine an alternative alignment in combination with the proposed alignment with Storm Drain Line 21 of the Master Drainage Plan. Upon completion of the initial analysis and feasability study, Contractor shall prepare storm drain improvement plans, specifications and estimate for construction of the installation of Storm Drain Line 21, Storm Drain Line 22, or a modified combination of the two systems, including associated appurtenances. The storm drain improvements shall be consistent with the Master Drainage Plan and RCFC requirements. Contractor shall include in the storm drain improvement plans an appropriate storm drain outlet structure into the Palm Canyon Wash, meeting the approval of RCFC and the City, that includes a low-flow nuisance water conveyance system with the purpose of minimizing erosion and drainage nuisance to the existing Tahquitz Creek Municipal Golf Course. Contractor shall prepare plans for installation of catch basins and storm drain laterals("appurtenances"), with the purpose of removing all existing cross- gutters and "dip" sections within the project area, and specifically as exists at the Mesquite Avenue and Vella Road intersection. Contractor shall prepare and provide hydraulic calculations as required by RCFC for all catch basin and storm drain lateral pipe sizing. Contractor shall coordinate preparation of storm drain improvement plans with the preparation of street improvement plans, as required in Task 3.0 hereinabove. Contractor shall process an application on behalf of the City for construction of RCFC improvements in accordance with the RCFC approved storm drain plans. The necessity for additional required permits (i.e. Section 1601 Streambed Alteration Agreement through the California Department of Fish and Game (CDFG), a Nationwide 404 Permit or Individual 404 Permit through the Army Corps of Engineers(ACOE), and a Section 401 water quality certification(or waiver)through the Regional Water Quality Control Board)shall be determined on the basis of the approved storm drain plans and impacts to the Tahquitz Creek/Palm Canyon Wash. Costs associated with processing and applying for required permits necessary to construct the proposed storm drain improvements within the Tahquitz Creek/Palm Canyon Wash under the jurisdiction of other regulatory agencies shall be negotiated as additional fees to the original contract sum of this agreement. Task 4.1 Storm Drain Alignment Analysis and Feasibility Study. Contractor shall review all topographic information, "record data" and"as built"plans of the Palm Springs Wastewater Treatment Plan, existing location and depths of sewer main and reclaimed water lines within the wastewater treatment plant, and other required information necessary to determine potential restrictions to the installation of the storm drain system identified as Line 22 from the Master Plan of Drainage. Upon a determination by the Contractor that installation of Line 22 is not feasible, in coordination with RCFC and the City, an alternative alignment of Line 22 or combination of an alignment with Storm Drain Line 21 from the Master Plan of Drainage shall be determined. Contractor shall obtain written concurrence from RCFC on any alternative alignment of the proposed storm drain system prior to initiation of Task 4.3 below. Task 4.2 Hydraulic/Hydrology Studies. In coordination with Riverside County Flood Control and Water Conservation District's Zone Six Master Drainage Plan for Palm Springs, Contractor shall prepare a comprehensive hydrology study of the project site in accordance with Riverside County Flood Control District and the City of Palm Springs requirements. Hydrology calculations shall be completed using AES HydroPro, WSPG and StormCAD software to identify system needs and to determine proper sizing of proposed drainage facilities necessary to address storm drain needs within the sites, especially drain inlets along Mesquite Avenue. A summary report shall be prepared detailing the findings and recommendations of the study. Estimated quantities and costs of proposed drainage improvements shall be included in the Final Report. Task 4.3 35% Submittal. Plans. Contractor shall provide to the City and RCFC for concurrent review and comment Storm Drain Typical Sections&Details, and Storm Drain Improvement Plans &Profiles. A Standard City title block for plan sheets shall be used,to be provided by the City in digital Autocad R14 format. The title block shall be revised as required by RCFC to reflect RCFC's review and approval. Submittal of plans for RCFC review and comment shall be made directly to RCFC, with concurrent submittal to the City. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall be responsible for all utility research and utility coordination throughout the duration of the project. Contractor shall be responsible for obtaining "as-built" or "record drawing" plans of existing utilities within the project area, and for identifying utility locations on the plans. Contractor shall be responsible for "potholing" all impacted utility lines and laterals as required, including "potholing" of existing sewer and reclaimed water mains within Mesquite Avenue, Vella Road, Palm Springs Wastewater Treatment Plant, and Demuth Park as required. Contractor shall provide the 35% submittal to all impacted utility companies (including U.S. Filter, contract agency for maintenance and operation of the Palm Springs Wastewater Treatment Plant and Sewer System) and shall begin formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 4.4 65% Submittal. Plans. Contractor shall revise the 35% submittal (plans and engineer's estimate) to reflect all City and RCFC comments. Submittal of plans for RCFC review and comment shall be made directly to RCFC, with concurrent submittal to the City. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Special Provisions. Contractor shall prepare and provide to the City for review and comment technical specifications and special provisions for the project. The 2000 Standards for Public Works Construction, "Greenbook",shall be used, in addition to RCFC Standards as appropriate. City standard "boiler plate" special provisions in Microsoft Word 5.0 format shall be provided by the City. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utility companies (including U.S. Filter, contract agency for maintenance and operation of the Palm Springs Wastewater Treatment Plant and Sewer System)and shall continue formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 4.5100% Submittal. Plans. Contractor shall revise the 65% submittal(plans, technical specifications and special provisions, and engineer's estimate) to reflect all City and RCFC comments. Submittal of plans for RCFC review and comment shall be made directly to RCFC, with concurrent submittal to the City. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Utility Coordination. Contractor shall provide the 100% submittal to all impacted utility companies (including U.S. Filter, contract agency for maintenance and operation of the Palm Springs Wastewater Treatment Plant and Sewer System) and shall continue coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 4.6 Final Site Visit. Contractor shall conduct a final site visit to confirm that all issues have been addressed in the plans. In particular, conflicting utilities, constructability, access and safety shall be reviewed. Task 4.7 Final Submittal. PS&E. Contractor shall revise the 100%submittal(plans,technical specifications and special provisions,and engineer's estimate)to reflect all previous comments. Contractor shall provide an original set of mylar plans to the City and RCFC EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the City for signature. A digital copy of plans in Autocad R14 format, and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the City. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utility companies (including U.S. Filter, contract agency for maintenance and operation of the Palm Springs Wastewater Treatment Plant and Sewer System). Notice shall be formally given of the City's intent to advertise the project for construction. All utility impacts, adjustments,or relocations shall be itemized, reviewed, and approved by the respective utility company prior to approval of plans by the City. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. Task 5.0 Landscaping & Irrigation Plans. Specifications & Estimate (PS&E) Scope. Contractor shall prepare landscaping and irrigation plans, specifications and estimate for construction of the landscaping and irrigation improvements within the proposed 12 feet wide raised median within Mesquite Avenue, from Mountain View Drive to Nueva Vista Drive, a length of approximately 1,650 feet, including widened landscape areas created by the one-way diversion road with parallel parking to connect with the existing Demuth Park access road and westerly parking lot, and the one-way connector road with parallel parking to connect with the westerly parking lot and the central parking lot within Demuth Park. Conceptual landscaping improvements shall be subject to formal approval through the Major Architectural Approval (MAA) process prior to preparation of landscaping and irrigation plans for construction. Task 5.1 Major Architectural Approval(MAA). Conceptual Landscaping Plan. Contractor shall prepare a conceptual landscaping plan, including samples of representative portions of the median island and other landscaped areas, including a proposed plant palette, tree and shrub layout at mature growth, cross sections, aerial key maps and other information necessary to adequately present the conceptual landscaping plan. Contractor shall provide to City staff the conceptual landscaping plan for review and comment prior to scheduling for subsequent review by the Design Review Committee, Planning Commission, and City Council. Design Review Committee. Contractor shall revise the conceptual landscaping plan as required by City staff and present the concept to the Design Review Committee(DRC)for its review,comments,and recommendation. Contractor shall revise the conceptual plan as requested by the DRC, and resubmit and present the revised concept at a subsequent DRC meeting for its final review and recommendation, if required. The Contractor shall include in its scope representation at two (2) DRC meetings, regularly scheduled at 3:00 P.M. the second and fourth Monday of every month. Additional representation at DRC meetings, if required, shall be made by City staff; or shall be made by the Contractor, the cost of which shall be negotiated and considered additional to the original contract price. Planning Commission. Contractor shall revise the conceptual landscaping plan as required by the Design Review Committee and present the concept to the Planning Commission for its review, comments, and recommendation. Contractor shall revise the conceptual landscaping plan as requested by the Planning Commission, and resubmit and present the revised concept at a subsequent Planing Commission meeting for its final review and recommendation, if required. Contractor shall include in its scope representation at two(2)Planning Commission Study Sessions,regularly scheduled at 2:00 P.M. the first and third Wednesday of every month; and include representation at one (1) Planning Commission meeting, regularly scheduled at 1:30 P.M. the second and fourth Wednesday of every month. Additional representation at Planning Commission Study Sessions or Planning Commission meetings, if required, shall be made by City staff; or shall be made by the Contractor, the cost of which shall be negotiated and considered additional to the original contract price. City Council. Contractor shall revise the conceptual landscaping plan as required by the Planning Commission and present the concept to the City Council for its review, comments, and approval. Contractor shall revise the conceptual landscaping plan as requested by the City Council, and resubmit and present the revised concept at a subsequent City Council meeting for its final review and approval, if required. Contractor shall include in its scope representation at one (1) City Council Study Session, regularly scheduled at 7:00 P.M. the first and third Wednesday of every month. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Additional representation at a City Council Study Session, if required, shall be made by City staff; or shall be made by the Contractor, the cost of which shall be negotiated and considered additional to the original contract price. Task 5.2 35% Submittal. Plans. Contractor shall provide to the City and comment Landscaping Plans, Landscaping Details, Irrigation Plans, and Irrigation Details. A Standard City title block for plan sheets shall be used, to be provided by the City in digital Autocad R14 format. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall be responsible for all utility research and utility coordination throughout the duration of the project. Contractor shall be responsible for obtaining "as-built" or "record drawing" plans of existing utilities within the project area, and for identifying utility locations on the plans. Contractor shall provide the 35% submittal to all impacted utility companies and shall begin formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for coordinating with Desert Water Agency (DWA) and for obtaining concurrence with and approval of proposed irrigation meter location(s) and service points of connection. Contractor shall be responsible for coordinating with Southern California Edison (SCE) and for obtaining concurrence with and approval of proposed electrical meter location(s) for irrigation controller electrical service(s), if required. (Note, the City may, approve the use of solar- powered irrigation controllers,however, the Contractor shall be liable for SCE coordination in the event solar-powered irrigation controllers are not approved for this project). Task 5.3 65% Submittal. Plans. Contractor shall revise the 35% submittal (plans and engineer's estimate) to reflect all City comments. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Special Provisions. Contractor shall prepare and provide to the City for review and comment technical specifications and special provisions for the project. The 2000 Standards for Public Works Construction, "Greenbook", shall be used. City standard "boiler plate" special provisions in Microsoft Word 5.0 format shall be provided by the City. Utility Coordination. Contractor shall provide the 65% submittal to all impacted utility companies and shall continue formal coordination to relocate or modify impacted utilities. Copies of correspondence with impacted utility companies shall be provided to the City. Contractor shall be responsible for ensuring utility impacts, adjustments, or relocations are accurately reflected in progress plans submitted for review. Task 5.4100% Submittal. Plans. Contractor shall revise the 65% submittal(plans, technical specifications and special provisions, and engineer's estimate) to reflect all City comments. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 100% submittal. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utilities, specifically DWA and SCE (as required). Notice shall be formally given of the City's intent to advertise the project for construction. All utility impacts,adjustments,or relocations shall be itemized,reviewed,and approved by the respective utility company prior to approval of 100% plans by the City. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. Task 5.5 Final Site Visit. Contractor shall conduct a final site visit to confirm that all issues have been addressed in the plans. In particular, conflicting utilities, constructability, access and safety shall be reviewed. EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT Task 5.6 Final Approval Submittal. PS&E. Contractor shall revise the 100%submittal(plans,technical specifications and special provisions,and engineer's estimate) to reflect all previous comments. Contractor shall provide an original set of mylar plans to the City for signature; and shall provide a print copy of the technical specifications and special provisions, stamped and signed by the Contractor, to the City for signature. A digital copy of plans in Autocad R14 format, and a digital copy of the technical specifications and special provisions in Microsoft Word 5.0 shall be provided. An original, stamped, Engineer's Estimate shall be provided to the City. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utility companies specifically DWA and SCE (as required). Notice shall be formally given of the City's intent to advertise the project for construction. All utility impacts, adjustments, or relocations shall be itemized, reviewed, and approved by the respective utility company prior to approval of plans by the City. Contractor shall provide written confirmation of review and approval of the plans by the respective utility companies. Task 6.0 Project Advertisement &Bidding Scope. Contractor shall provide the City with assistance as required during the project advertisement and bidding period. Pre-Bid Meeting. Contractor shall attend a pre-bid meeting to be scheduled in advance of the bid opening date. The Contractor shall monitor the meeting and field all questions asked by potential bidders. Contractor shall prepare minutes of the pre-bid meeting within two (2) days following the pre-bid meeting for distribution to all attendees by the City. Note, this scope of work is only required if the City determines that scheduling of a pre-bid meeting for this project is required. In the event a pre-bid meeting is not scheduled, the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. Bidding Interpretations. Contractor shall review and respond to all inquiries and questions, "Requests for Information"(RFI's),relating to the plans and specifications during project advertisement and bidding. Contractor shall respond to any and all discrepancies, errors or omissions within the plans through a formal written response to RFI's submitted to the City, for subsequent use in the issuance of an addendum, prepared and issued by the City. Bid Review & Analysis. In the event the low bid for the project is 20% or more than the final Engineer's Estimate prepared by the Contractor, the Contractor shall obtain copies of submitted bids for review and analysis. Contractor shall compare the construction bids with the final Engineer's Estimate and identify specific construction bid cost- overruns. The Contractor, in consultation with the City, shall determine and be responsible for "value engineering" if construction bids are acceptable, or recommend re-bidding, as necessary. The City shall have the right to a final determination if re-bidding or value engineering is appropriate. Note, this scope of work is only required if the low bid for the project is 20% or more than the final Engineer's Estimate prepared by the Contractor. In the event the low bid for the project is within 20% of the final Engineer's Estimate, the Contractor shall not be entitled to compensation for this task item of work as indicated therefore. END OF SCOPE OF SERVICES END OF EXHIBIT "A" EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT EXHIBIT "B" SPECIAL REQUIREMENTS As specified in Section 5.1 (d), Additional Insurance, the following insurance policy shall be required: Professional Errors and Omissions Insurance. A policy of Professional Errors and Omissions Insurance in an amount not less than One Million Dollars ($1,000,000.00)per claim and in the aggregate with respect to loss arising from the actions of the Contractor performing professional services hereunder on behalf of the City. Section 5.3, Performance Bond, is waived. Section 7.7, Liquidated Damages, is waived. 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 Sum Lump Sum Task 1.0, Project Management --- $12,630.00 Task 1.1, Kick-Off Meeting $1,390.00 --- Task 1.2, Hold PDT Meetings $9,470.00 --- Task 1.3, Project Schedule Updates $750.00 --- Task 1.4, Project Progress Reports $1,020.00 Task 2.0, Design Development --- $19,090.00 Task 2.1, Research $2,840.00 --- Task 2.2, Review/Confirm Accuracy of Topo-Survey $1,580.00 --- Task 2.3, Review/Confirm Accuracy of Right-of-Way Base Maps $1,580.00 --- Task 2.4, Prepare Preliminary Construction Budget $2,280.00 --- Task 2.3, Geotechnical Investigations $10 810 00 Task 3.0, Street Improvement Plaits, Specifications and Estimate (PS&E) --- $32,100.00 Task 3.1, 35% Submittal $11,590.00 --- Task3.2, 65% Submittal $10,255.00 --- Task 3.3, 100% Submittal $6,365.00 --- Task 3.4, Final Site Visit $760.00 --- Task 3.5, Final Submittal $3,130.00 Task 4.0, Storm Drain Improvement Plans, Specifications and Estimate (PS&E) --- $30,885.00 Task 4.1, Storm Drain Alignment and Feasibility Study $7,735.00 --- Task 4.2, Hydraulic/Hydrology Study $3,360.00 --- Task 4.3, 35% Submittal $8,080.00 --- Task 4.4, 65% Submittal $6,015.00 --- Task 4.5, 100% Submittal $3,125.00 --- Task 4.6, Final Site Visit $760.00 --- Task 4.7 Final Submittal $1,810.00 Task 5.0, Landscape &Irrigation Plans, Specifications and Estimate (PS&E) --- $23,470.00 Task 5.1, Major Architectural Approval (MAA) $8,970.00 --- Task 5.2, 35% Submittal $7,500.00 --- Task 5.3, 65% Submittal $2,500.00 --- Task 5.4, 100% Submittal $2,000.00 --- Task 5.5, Final Site Visit $500.00 --- Task 5.6, Final Submittal $2 000 00 Task 6.0 Project Advertisement &Bidding 3 890 00 Sub-Total of all Tasks of this Contract --- $122,065.00 Reimburseable Expenses (Not to Exceed, based on prior payment of verified project costs) $3,910.00 Grand Total of this Contract (Not to Exceed) $125,975.00 END OF EXHIBIT "C" EXHIBIT "D" SCHEDULE OF PERFORMANCE Task 1 shall be completed within 6 months of receipt of a Notice to Proceed from City. Task 2 shall be completed within 6 weeks of receipt of a Notice to Proceed from City. Tasks 3, 4 and 5 shall be completed within 6 months of receipt of a Notice to Proceed from City. Task 6 shall be completed as necessary during the Construction Bidding Phase. END OF EXHIBIT "D" Client#: 8272 DMCDESIGN ACOR CERTIFICATE OF LIABILITY INSURANCE O6/03/03+�Y)M PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714 427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER A United States Fidelity&Guaranty DMC Design Group, Inc. INSURER B American Motorists Ins. Co.** 170 North Maple Street, Suite#101 INSURER C Lumbermens Mutual Casualty Co.** Corona, CA 92880 INSURER D 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 INSR` PDATE EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/00/YY DATE MM/00/YV LIMITS A GENERAL LIABIMTV BK01245304 11/12/02 11/12/03 EACH OCCURRENCE $2000000 X]COMM ERCIAL GENERAL LIABILITY General Liability FIRE DAMAGE(Any one fire) $300000 __ CLAIMS MADE OCCUR excludes claims '�I MEDEXP(Anyone person) $10000 ricinc out of tha PERSONAL&ADV INJURY $2 000,000 Jperformance Of GENERALAGGREGATE $4 000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: professional PRODUCTS_:C_OMP/OPAGG 54,000,000 POLICY JE� LOC services. A AUTOMOBILELIABILITY iBKO1245304 11/12102 11/12/03 COMBINED SINGLE LIMIT (Ea accident) $2 000,000 ANV AUTO i i _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Perperson) 1 — X HIRED AUTOS BODILY INJURY �X NON-OWNED AUTOS (Per acmtlenq $ — PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1$ ANY AUTO EA ACC 1$OTHER _-- — - AUTO ONLTHAY AGG IS A _EXCESS I LIABILITY�� BKO1245304 03/06/03 11/12/03 EACH OCCURRENCE _ $1000,000 LJ X� OCCUR CLAIMS MADE Excludes PFOYI. AGGREGATE_ $1,000,000 _ _ Liability _ $ DEDUCTIBLE _ $ RETENTION $ $ B WORKERS COMPENSATION AND 7BG08887202 11105/02 11/05/03 X WCSTATU- OTR- TORV LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 _ E.L.DISEASE-EA EMPLOYEE;$1,000,000 E.L.DISEASE-POLICY LIMIT I$1,000,000 C OTHER Prof. Liab. QL006614-00 112/01/02 12/01/03 $2,000,000 Per Claim Claims Made $2,000,000 Aggregate IRetro: 11/01/99 $0 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS **The insurer's policy payment obligations are backed by a cut-through to National Indemnity Company, an A++ rated Berkshire Hathaway subsidiary. For the claims made policy,the cut-through is effective as of the policy inception date. RE: MESQUITE AVENUE WIDENING PROJECT; CITY PROJECT 94-17 (See Attached Descriptions) CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LE77ER: _ CANCELLATION SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF, THE ISSUING INSURER WILL%XRIW7SRkX3PMAIL30* DAYSWRITTEN Attn: Harold Good, Dirt of Procurement NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT,BjU3PA 7yt "jiI1Q7QRRRjMXX 3200 E. Tahquitz Canyon Way QGIPA 6R76A DWGIQFNIQC-0Pfi07(K90XRX@2xAtTMdM9[70RflGCIECRIF-06lpRRRJ06XUgE1QJtJ d�X Palm Springs, CA 92262 XxQaxxFnmw,Esx AUTHORIZED REPRESENTATIVE /J ACORD 25-S(7/97)1 of 2 #S87951/M49637 CAB/-Off'©.-,A'C,OOR`',D, CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) City of Palm Springs is additional insured on General/Auto liability policy for services provided by and on behalf of the above Named Insured. *Except if canceled for non-payment of premium, 10 days. AMS 25.3(07/97) 2 of 2 #S87951/M49637 Policy Number: 13KO1245304 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 06/03/03+ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Palm Springs Attn: Harold Good, Drt of Procurement 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SECTION II - WHO IS AN INSURED 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. PRIMARY INSURANCE : IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE . WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. NOTICE OF CANCELLATION: IT IS UNDERSTOOD AND AGREED THAT IN THE EVENT OF CANCELLATION OF THE POLICY FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS WRITTEN NOTICE WILL BE SENT TO THE CERTIFICATE HOLDER BY MAIL. IN THE EVENT THE POLICY IS CANCELLED FOR NON-PAYMENT OF PREMIUM, 10 DAYS WRITTEN NOTICE WILL BE SENT TO THE ABOVE. Agent /,Dated: /3/03 CL/BF 22 40 03 95 SUE MILLSy PHR DIRECTOR ❑ F HUMAN RESOURCES MEMORANDUM DATE: JULY 113, 2003 TO: HAROLD GOOD, DIRECTOR OF PROCUREMENT & CONTRACTING SUBJECT: INSURANCE FOR DMC DESIGN GROUP, INC. (MESQUITE AVENUE WIDENING PROJECT NO. 94-1 7) Harold, the attached insurance and cut through agreement was discussed with the City Manager. He is in agreement that the insurance requirements are in order. If you have any questions in the interim, please feel free to call me at ex. 8217. �.6X- � -- L�/ - CL- � sly +� V ♦ A � v ms9�k1'�`L""atA+�