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HomeMy WebLinkAboutA4461 - DOKKEN ENGINEERING INDIAN BRIDGE WIDENING CP01-11® ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 12/26/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 RECEIVED CONTACT NAME: Nancy Ferridt PHONE . 510-272-1400 FAX flat, IAIC AWRES& nan .fens assured rtners.com INSURE S AFFORDING COVERAGE NAIL! INSURER A: XL $ Insurance Company 37US n :6 INSURED DOKKEENGI Dokken Engineering, InC. 2pp� Blue Ravine Rd., Suite p FICE OF THE CITY CLERK Folsom CA vine Folsom INSURER B: Trumbull Insurance Company 27120 INSURERC: Sentinel Insurance an 11000 WsuRERD: Hartford Undefwritels Insurance Company 30104 NSURER ISNSURER F: rnvCRAGES CFRTIFICATF NIIMRFR 11711RRn71 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE AWL Ai SUER WINAD POLICYNUMBER POLICY EFF POLICY EXPLTIR OMB D X COMMERCIAL GENERAL LWBILITY Y Y 84SBWBG9HJB 12/31/2024 12/31/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE O OCCUR DAMAGE TO RENTED PREMISES Ea occurrence S 1,000,000 MED EXP one person) $10,000 PERSONAL A ADV INJURY s1,000,00D GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,OD0 PRODUCTS-COMP/OP AGO It2,000,0G0 POLICY T JECT LOD $ OTHER: e AUTOMOINLEUASILIW Y Y 64UEGS03407 12/31/2024 12/31/2025 COMBINED SINGLE LIMIT Ea accident S1,D00,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Pay accident) S PROPERTYDAMAGE Par ecddont S S 0 X UMBNELLAUAe X OCCUR Y Y 84SBVJBGSHJB 12/31/2024 12/31MM EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER/EXECUTVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA Y 84WEGAUSC27 12/31/2024 12/31/2025 STATUTE ER EL EACH ACCIDENT $1.000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yas, describe under DESCRIPTION OF OPERATIONS below A Professional LiaNI4 DPR5037625 12/31/2024 12/31/2025 $2,DODODD S2.DDD.DDo per Claim Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Atltlitional Remarks Schedule, may W affached if more space is required) The following policies are included in the Underlying schedule of insurance for Umbrella/Excess Liability: General Liability/Auto LiabiltyIry/Employers Liability. Ref: All Operations. The City of Palm Springs, its officers, employees and agents and Owner are additional insureds for General Liability per policy form wording. Insurance is primary and non contributory per policy form. A Waiver of Subrogation applies to Workers' Compensation. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Department Attn: Kathie Hart AUTHORIZED REPRESENTATNE 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 4er1111540k� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: 84SBWBGgHJ8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THEE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization .is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendorwould have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (t) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 © 2021, The. Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 6 THEE HARTFOAn (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Paragraphs (d) or (f); or (11) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products -completed operations hazard", but only if: (1) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (11) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (11) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE` HARTFORD damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products -completed operations hazard". If. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the ads or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products -completed operations hazard", but only if: (1) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury' or "property damage" included within the "products -completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring; employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 © 2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 84SBWBG9HJB THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE' A HARTFORD ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS POLICY NUMBER: 57 SBW 13G9H9T This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. The following is added to Section C. WHO IS AN INSURED: Additional Insured — Owners, Lessees Or Contractors — Completed Operations a. The person(s) or organization(s) shown in the Schedule on the Declarations is also an additional insured, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" and at the location designated and described in the Location And Description Of Completed Operations Schedule in the Declarations performed for that additional insured and included in the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications, payment requests, manuals or instructions; (2) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (3) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (4) Monitoring, sampling, or testing service necessary to perform any of the services included in (1), (2) or (3) above; (5) Supervision, hiring, employment, training or monitoring of others who. are performing any of the services included in (1), (2) or (3) above; c. The insurance afforded to these additional insureds only applies to the extent permitted by law. d. If coverage provided to these additional insureds is required by a written contract, agreement or written permit issued by.a state or governmental agency or subdivision or political subdivision, the insurance afforded to these additional insureds will not be broader than that which you are required by the contract, agreement or permit to provide for these additional insureds. Form SL 30 36 10 18 Page 1 of 1 © 2018, The Hartford Policy Expiration Date: 12/31/2025 (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 84SBWBG9HJ8 THE HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds **` Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 1S Page 16 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 84SBWBG9HJ8 THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy Number: 84SBWBG9HJ8 THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 © 2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 84UEGBD3407 COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "Insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Form HA 99 16 12 21 Page 1 of 5 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV - Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Page 2 of 5 Form HA 99 16 12 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual EXCLUSION 5. - FELLOW EMPLOYEE - of cash value of the "auto" at the time of the "loss" SECTION II - LIABILITY COVERAGE does not and the "outstanding balance" of the loan/lease. apply if you have workers' compensation "Outstanding balance" means the amount you insurance in -force covering all of your owe on the loan/lease at the time of "loss" less "employees". any amounts representing taxes; overdue Coverage is excess over any other collectible payments; penalties, interest or charges resulting from overdue payments; additional mileage insurance. charges; excess wear and tear charges; lease 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE termination fees; security deposits not returned by If hired "autos" are covered "autos" for Liability the lessor; costs for extended warranties, credit Coverage and if Comprehensive, Specified life Insurance, health, accident or disability Causes of Loss, or Collision coverages are insurance purchased with the loan or lease; and provided under this Coverage Form for any "auto" carry-over balances from previous loans or you own, then the Physical Damage Coverages leases. provided are extended to "autos" you hire or 6, AIRBAG COVERAGE borrow, subject to the following limit. Under Paragraph B. EXCLUSIONS - of SECTION The most we will pay for "loss" to any hired "auto" III - PHYSICAL DAMAGE COVERAGE, the is: following is added: (1) $100,000; The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the "loss'; or airbag. (3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs BA - deductible will be equal to the largest deductible EXCLUSIONS - of SECTION III - PHYSICAL applicable to any owned "auto" for that coverage. DAMAGE COVERAGE are replaced by the No deductible applies to "loss" caused by fire or following: lightning. Hired Auto Physical Damage coverage Exclusions 4.c. and 4.d. do not apply to is excess over any other collectible insurance. equipment designed to be operated solely by Subject to the above limit, deductible and excess use of the power from the "auto's" electrical provisions, we will provide coverage equal to the system that, at the time of "loss", is: broadest coverage applicable to any covered "auto" you own. (1) Permanently installed in or upon the We will also cover loss of use of the hired "auto" if covered "auto"; it results from an "accident", you are legally liable (2) Removable from a housing unit which is and the lessor incurs an actual financial loss, permanently installed in or upon the subject to a maximum of $1000 per "accident". covered "auto"; This extension of coverage does not apply to any (3) An integral part of the same unit housing "auto" you hire or borrow from any of your any electronic equipment described in "employees", partners (if you are a partnership), Paragraphs (1) and (2) above; or members (if you are a limited liability company), (4) Necessary for the normal operation of the or members of their households. covered "auto" or the monitoring of the 6. PHYSICAL DAMAGE ADDITIONAL covered "auto's" operating system. TEMPORARY TRANSPORTATION EXPENSE b. Section III, Physical Damage Coverage, Limit COVERAGE of Insurance, Paragraph C.2. is amended to Paragraph A.4.a. of SECTION III - PHYSICAL add the following: DAMAGE COVERAGE is amended to provide a $1,500 is the most we will pay for "loss" in limit of $50 per day and a maximum limit of any one "accident" to all electronic equipment $1,000. (other than equipment designed solely for the 7. LOAN/LEASE GAP COVERAGE reproduction of sound, and accessories used with such equipment) that reproduces, Under SECTION III - PHYSICAL DAMAGE receives or transmits audio, visual or data COVERAGE, in the event of a total "loss" to a signals which, at the time of "loss", is: covered "auto", we will pay your additional legal Form HA 99 16 12 21 Page 3 of 5 (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Page 4 of 5 Form HA 99 16 12 21 19. HYBRID, ELECTRIC, OR NATURAL GAS b. A "hybrid" auto is defined as an auto with an VEHICLE PAYMENT COVERAGE internal combustion engine and one or more In the event of a total loss to a "non -hybrid" auto electric motors; and that uses the internal for which Comprehensive, Specified Causes of combustion engine and one or more electric Loss, or Collision coverages are provided under motors to move the auto, or the internal this Coverage Form, then such Physical Damage combustion engine to charge one or more Coverages are amended as follows: electric motors, which move the auto. a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss;' c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 84WEGAU5C27 Endorsement Number: Effective Date:12/31/2024 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Dokken Engineering, Inc. 110 Blue Ravine Rd., Suite 200 Folsom, CA 95630 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03.06 (1) Printed in U.S.A. Policy Expiration Date:1213112026 DowSlgn Envelope ID: 2FE6093C-CDOD-4CE2-B728-A3F6D18EFDAE �pp1M Sp AO N City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 •q<rFORN� Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.paimspringsca.gov December 21, 2022 Dokken Engineering ATTN: Michael Greer, PE, TE 110 Blue Ravine Road, Suite 200 Folsom, CA 926304713 Re: Professional Services Agreement No. 4461 for Indian Canyon Drive Widening and Bridge Replacement Dear Mr. Greer, The referenced agreement expires on December 31, 2022, and in accordance with Section 3.4 of said Agreement, the term may be further extended by the parties. This is to inform you that City wishes to extend the Agreement through the end of construction to December 31, 2025. If you have any questions or concerns regarding the extension of this agreement, please contact me at your earliest convenience. Sincerely, D usgn•a by: o�°P1UIon�aPvo City Engineer Approved by: E yD usian.a er:'/ tAi S0. �ll.�dl"All 1oe20892anBds2... Teresa Gallavan, Interim City Manager 12/21/2022 Date Please sign and return to the City of Palm Springs to agree to extending Agreement 4461 until December 31, 2025. Doc-**u [by, A1ic�cu ( 6vu.v' Fi11FFi10E� 1402... 12/21/2022 Dokken Engineering Date AMENDMENT NO.7 TO AGREEMENT NO. "61 CONTRACT SERVICES AGREEMENT FOR INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT CITY PROJECT NO. 01-11, FEDERAL PROJECT NO. BRLO 5282(017) THIS SEVENTH AMENDMENT TO Agreement No. 4461 for professional engineering and consulting services, (herein "Amendment") made and entered into on the 11"" day Of Ochbar , 2021, by and between the CITY OF PALM SPRINGS, a California charter City and municipal corporation, (herein "City") and Dokken Engineering, (herein "Consultant") is hereby amended as follows: RECITALS A. City and Consultant entered into that certain Contract Services Agreement No. 4461 to provide professional engineering and consulting services related to the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Project No. BRLO 5282(017), (the "Project"), in the City of Palm Springs, (the "Agreement"), initially approved by the City Council on March 20, 2002, B. The Agreement was previously amended six times to expand the scope of services related to the Project. C. The parties wish to amend the Agreement for the seventh time to: (1) to provide coordination with Southern California Edison (SCE) for utility pre -construction support services and biological monitoring in an area with endangered species during the SCE work; and (2) to provide professional design service to renew temporary construction easements ("TCEs") for six of ten properties that will expire prior to the end of the 2023 calendar year. AGREEMENT The following articles of Agreement No. 4461 are hereby amended to read as follows: SECTION 1. The foregoing Recitals are true correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 7. SECTION 2. Section 1.1, Scope of Services, is hereby amended by adding those services generally identified in the Consultant's proposal dated August 18, 2021, attached hereto as Attachment 1. The additional services shall be incorporated herein by reference into Exhibit "A", Scope of Services. SECTION 3. Section 2.1, Contract Sum, is hereby revised to reflect the total amended contract amount as herein specified by this Amendment No. 7. The Schedule Amendment No. 7 Page 1 of 3 of Compensation, Exhibit "C" is hereby amended and increased by $173,400 to add these additional services: TASK NAME ESTIMATED I ESTIMATED HOURS COSTS A. SCE Pre -construction Support & Mitigation 510 $88,000 Monitoring with Other Direct Costs B. Temporary Construction Easements with i Other Direct Costs 430 $81,600 TOTALS Total maximum contract amount: $1,754,250. 940 $173,400 SECTION 4. Exhibit "A" is amended as follows: See the attached sheet. SECTION 5. Exhibit "C" is amended as follows: See the attached sheet. SECTION 6. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A4461), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 7 and any provisions of the Contract Services Agreement (A4461), the provisions of this Amendment No. 7 shall in all respects govern and control. SECTION 7. Corporate Authority. The persons executing this Amendment No. 7 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 Amendment No. 7 on behalf of said party, (iii) by so executing this Amendment No. 7, such party is formally bound to the provisions of this Amendment No. 7, and (iv) the entering into this Amendment No. 7 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] Amendment No. 7 Page 2 of 3 IN WITNESS WHEREOF, the parties have executed and entered into the Amendment as of the date first written below. ATTEST: By. X rwt, t-� thony C Ci Clerk APPROVED AS TO FORM: By� - -"Jeffrey . liffilinger City Attorney DOKKEN ENGINEERING: By: Dokken Engineering CITY OF PALM SPRINGS, a California charter city and municipal corporation s By. 64 Justin Cliftbh City Manager APPROVED By CITY COUNCIL Check one: _Individual _Partnership X Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By Notarized Signature of Chair the [;ha:rman of Board, By Notarized Signature of Secretary. Assistant Secretary, President, or any Vice President. Treasu7-Asslstant Treasurer, or Chief Financial Officer By: By: Signature (nota ed) Signatur (otarized) Name: Richard T. Liptak Name: Cathy Chan Title: CEO Title: Secretary Amendment No. 7 Page 3 of 3 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 12XII before me, f ion 0r P.. , M411, N017nN Nb l i f , r (here insert name and title of the o cer) personally appeared I f Y ! iC aY (+Il q h A Y) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Vare subscribed to the within instrument and acknowledged to me that Ilk/sVe/they executed the same in Vs/hjpf/their authorized capacity(ies), and that by bes/or/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature Nil! ROSE SMITH COMM. #2311257 z °z Notary Public • California c Sacramento Courtiv zv Comm, ExOm Nov. 2, 20B (Seal) Optional Information Although the information in this section is not requ red by law, it could prevent fraudulent remova and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of��Y1}- ijG! I�l CAS Dy.Yi I containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact r CorporateOfficer(s) Tidelsl ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing Additional information Method of Signer Identification Proved to me on the basis of satisfactory evidence: Xkform(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: AM)XV ryll 1 44'L Other ❑ Additional5igner(s) ❑ 5igner(s)Thumbprint(s) * Copyr,ght 2007-2018 Notary Rotary, PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of rhos form August 18, 2021 Mr. Joel Montalvo, PE CITY OF PALM SPRINGS 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 RE: Indian Canyon Drive Widening over UPRR Amendment 7 Proposal for SCE/Utility Pre -Construction Support/Monitoring and TCE Extensions Dear Mr. Montalvo: The purpose of this letter is to request funds for additional work, agreed to by the Project Development Team (PDT), on our contract for the Indian Canyon Drive Widening over UPRR Project. A. SCE/Utility Pre -Construction Support/Monitoring On -going utility coordination with So Cal Edison (SCE) Distribution Pole Relocations has resulted in a few out -of -scope items needing to be performed by Dokken Engineering. Specifically, SCE requested staking of the proposed curb lines in the areas of the nine (9) new poles with caissons to be installed by SCE. Dokken Engineering coordinated with GUIDA Surveying, Inc. to provide the requested, reinforced staking. Additionally, as SCE crews are performing work ahead of the bridge project construction, the environmental monitoring requirements still need to be met and Dokken Engineering was able to coordinate the required on -site biological monitoring of all excavation and sand relocation activities as well as endangered species training. Finally, coordination with other utilities (Sprint, Verizon, So Cal Gas) has been on -going as related to the delayed start of construction and our team is continually updating utilities to ensure they remain engaged and prepared for construction- B. TCE Extension Coordination Ten (10) properties for which Temporary Construction Easements (TCE) have been acquired have TCE expiration dates prior to the end of the 2023 calendar year. Since construction will likely extend beyond the 2023 calendar year, we have budgeted for the additional effort required to extend these TCEs. Amendment 6 accounted for just four (4) of these ten (10) TCE extensions, therefore this request is to support the additional six (6) TCE extension efforts. Included in Attachment A is a breakdown of hours required to accomplish each the above tasks. On the next page a summary table of the effort and cost is included. Amendment No. 7 - Attachment 1 - Page 1 of 3 145o Frazee Road, Suite ioo, San Diego, CA 92108 0 Tele 858,514.8377 0 Fax 858.514.86o8 0 www.dokkenengineering.com Please let me know if you have any questions or comments. Sincerely, DOKKEN ENGINEERING Richard T. Liptak, PE Project Manager 1309/RTL/M G Attach. Mr. Marcus Fuller February 25, 2021 Page 2 Amendment No. 7 - Attachment 1 - Page 2 of 3 Q W V Q H C O .y C d E W a~ w• C W cc H O OL G C CL Ce U) - C a > co O � � C L va ui C () C � r C G? E a m a s18o0103roNd 1r101 $300 ltllol 98noH103road 1Y101 o 7 a 8 3 U00!*s1so01Ylol Sw IS700 sLs07IDNI0MN1 $ tt sanoHirlo R Q �{' M C .co C MUM MUOUMMOB W ,. C Y GFAO wue�dorr: �_ S t s N BBIldl13 8 � p s N o AK*3 W. $ N $ R 8 0 $ M a sWEu339 $ eSi $ e Sl tuna 8 $ RRR R 313d'�.71M os o a wal C m M O M rn m EL C L ci r, 6 Z �C W C Q� E Q c REVISED EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro-rata portions thereof noted below. This Task Total Previous Increase Lumg Sum Roadway Scope of Services Task 1.0, Project Management $125,625 $0 $125,625 Task 2.0, Survey and Right -of -Way $166,325 $0 $166,325 Task 3.0, Preliminary Engineering Studies $7,500 $0 $7,500 Task 4.0, Geotechnical Design $6,300 $0 $6,300 Task 5.0, Environmental Approval $50,900 $0 $50,900 Task 6.0, Roadway Plans, Specifications & Estimate (PS&E) $216,200 $0 $216,000 Task 7.0, Design Support During Bidding & Construction $2,000 $0 $2,000 Task 8.0, Environmental Mitigation and Monitoring Services $10,000 $0 $10,000 Amendment No. 5 - Interim widening, landscaped median north of bridge & access road $165,000 $0 $165,000 Amendment No. 7 - SCE/utility support and TCE extension support $0 $173,400 $173,000 Other Direct Costs $5,000 $0 $5,000 Total of all Tasks of Roadway Scope of Services $755,750 $173,400 $92050 Bridge Scope of Services Task 1.0, Project Management $12,200 $0 $12,200 Task 2.0, Survey and Right -of -Way $144,000 $0 $144,000 Task 3.0, Structure Advance Planning Studies $35,000 $0 $35,000 Task 4.0, Geotechnical Design $110,000 $0 $110,000 Task 5.0, Traffic Studies $7,500 $0 $7,500 Task 6.0, Environmental Approval $110,000 $0 $110,000 Task 7.0, Bridge Structural Plans, Specifications & Estimate (PS&E) $343,800 $0 $343,800 Task 8.0, Railroad Coordination $6,000 $0 $6,000 Total of all Task Bridge Scope of Services $825,100 $0 $825,100 Grand Total of Contract $1,580,850 $173,400 $1,764,260 =1► I OX012:i Arif-1 =l 07=:4:11-11 Willi AMENDMENT:NO. 6 TO AGREEMENT NO. 4461 CONTRACT SERVICES AGREEMENT FOR INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT CITY PROJECT NO. 01-11, FEDERAL PROJECT NO. BRLO 5282(017) THIS SIXTH AMENDMENT TO Agreement No. 4461 for professional engineering and consulting services, (herein "Amendment") made and entered into on the Zx. day of J , 2019, by and between the CITY OF PALM SPRINGS, a California charter City and Ununicipal corporation, (herein "City") and Dokken Engineering, a California corporation, (herein "Consultant") is hereby amended as follows: RECITALS A. City and Consultant entered into that certain Contract Services Agreement No. 4461 to provide professional engineering and consulting services related to the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Project No. BRLO 5282(017), (the "Project"), in the City of Palm Springs, (the "Agreement"), initially approved by the City Council on March 20, 2002. B. The Agreement is subject to certain contract requirements identified in the Caltrans Local Assistance Procedures Manual (LAPM) that are incorporated in Exhibit "B" of the Agreement, which have been superseded or updated since 2002 by Caltrans in its latest LAPM. C. The Agreement was previously amended five times to expand the scope of services related to the Project. D. The Project required certain right-of-way acquisition support services included in the scope of services of the Agreement, relating to thirteen (13) various parcels. Efforts required to complete the acquisition of:right-of-way for these parcels exceeded Consultant's original assumptions, for valid and documented reasons supported by the City. E. The parties wish to amend the Agreement for the sixth time to: (1) compensate Consultant for additional right-of-way acquisition support services required for the Project; (2) to increase the maximum contract amount; (3) to extend the contract term through the anticipated construction period to December 31, 2022; and (4) to delete Exhibit "B", Special Requirements, and to incorporate current Caltrans LAPM requirements for professional design service agreements throughout the Agreement. AGREEMENT SECTION 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 1. SECTION 2. Section 1.1, Scope of Services, is hereby amended by adding those services generally identified in the Consultant's proposal dated May 7, 2019, attached hereto as Attachment. 1. The additional services shall be incorporated herein by reference into Exhibit "A", Scope of Services. SECTION 3. Section 1.9, Special Requirements, and Exhibit "B", Special Requirements, is hereby deleted. SECTION 4. Section 2.1, Contract Sum, is hereby revised to reflect the total amended contract amount as herein specified by this Amendment No. 6. The Schedule of Compensation, Exhibit "C", is hereby amended and increased by $190,250 to add these additional services: ESTIMATED ESTIMATED COSTSTASK NAME HOURS A. Project Management, Engineering,and Right of 725 $113,425 Way Acquisition Support Tasks to Date B. Project Management, Engineering,and Right of Way Acquisition Support Tasks to Construction 455 $7fi,825 TOTALS 1180 $190,250 Total maximum contract amount: $1,580,850. SECTION 5. Section 2.2, Method of Payment, is hereby deleted and replaced in its entirety to read: 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City's Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. SECTION 6. Section 2.3, Changes in Scope, is hereby added to read: 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. SECTION 7. Section 2.4, Appropriations, is hereby added to read: 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. Consultant further acknowledges the following: A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made. B. This Agreement is valid and enforceable only, if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. D. The City has the option to void the Agreement under the 30-day termination clause pursuant to as provided in Section 8.3 of this Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds. SECTION 8. Section 2.5, Cost Principals and Administration Requirements, is hereby added to read: 2.5 Cost Principals and Administration Requirements. A. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 2 CFR, Part 200 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. SECTION 9. Section 2.6, Prompt Payment to Subconsultants, is hereby added to read: 2.6 Prompt Payment to Subconsultants. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. SECTION 10. Section 2.7, Equipment Purchase, is hereby added to read: 2.7 Equipment Purchase. A. Prior authorization in writing, by City's Contract Officer, shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for,supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in Consultant's Cost Proposal and exceeding $5,000 prior authorization by City's Contract Officer; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this Agreement is subject to the following: "Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 2 CFR, Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project. SECTION 11. Section 2.8, Retention of Funds, is hereby added to read: 2.8 Retention of Funds. A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. B. No retainage will be held by the City from progress payments due the Consultant. Any retainage held by the Consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the City's prior written approval. Any violation of this provision shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultant and subconsultants. SECTION 12. Section 3.4, Term, is hereby deleted and replaced in its entirety to read: 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 as provided in the Schedule of Performance. The parties acknowledge that the services to be provided hereunder this Agreement are related to a federally funded project with a tentative construction schedule extending through 2022, and that Consultant shall be required to provide certain services through the duration of construction, including any services related to completion of the project, close-out procedures, and final audit. The term of this Agreement shall extend through December 31, 2022, unless otherwise further extended by the parties. SECTION 13. Section 4.4, Independent Contractor, is hereby deleted and replaced in its entirety to read: 4.4 Independent Consultant. A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. SECTION 14. Section 5.1, Insurance, is hereby deleted and replaced in its entirety to read: 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the.event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) . Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of. this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. SECTION 15. Section 5.2, Indemnification, is hereby deleted and replaced in its entirety to read: 5.2 Deductibles and Self-Insured Retentions.Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this, Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. SECTION 16. Section 5.3, Performance Bond, is hereby deleted and replaced in ,its entirety to read: 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement: 5.3.1 For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. 5.3.2 Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. 5.3.3 All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. 5.3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. 5.3.5 Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without 'required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein. 5.3.6 Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. 5.3.7 Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard. 5.3.8 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. 5.3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 5.3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section. 5.3.11 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they.are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. 5.3.12 Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. SECTION 17. Section 5.4, Sufficiency of Insurers, is hereby deleted and replaced in its entirety to read: 5.4 Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. SECTION 18. Section 5.5, Verification of Coverage, is hereby added to read: 5.5 Verification of Coverage.Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City' may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. SECTION 19. Section 5.6, Indemnification, is hereby added to read: 5.6 To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. SECTION 20. Section 5.7, Design Professional Services Indemnification and Reimbursement, is hereby added to read: I i I 5.7 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Party"; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subConsultants, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials. Officers, employees, agents and volunteers. B. Consultant shall reimburse the Indemnified Parties for any reasonable expenditures, including reasonable attorneys' fees, expert fees, litigation costs, and expenses that each Indemnified Party may incur by reason of Indemnified Claims. Upon request by an Indemnified Party, Consultant shall defend with legal counsel reasonably acceptable to the Indemnified Party all Claims against the Indemnified Party that may arise out of, pertain to, or relate to Indemnified Claims, whether or not Consultant is named as a party to the Claim proceeding. The determination whether a Claim "may arise out of, pertain to, or relate to Indemnified Claims" shall be based on the allegations made in the Claim and the facts known or subsequently discovered by the Parties. Consultant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified hereunder are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. C. The Consultant shall require all non-design-profession sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties. In additions, Consultant shall require all non-design-professional sub-Consultants, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. SECTION 21. Section 5.8, Claims Filed by City's Construction Contractor, is hereby added to read: 5.8 Claims Filed by City's Construction Contractor. A. If claims are filed by the City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with the City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. Consultant's personnel that the City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the City. Consultant shall be responsible for all costs associated with consultation or testimony, including travel costs, associated with defense of the City's construction contractor claims. C. Services of Consultant's personnel in connection with the City's construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. SECTION 22. Section 6.1, Reports, is hereby deleted and replaced in its entirety to read: 6.1 Consultant's Reports or Meetings. A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Officer to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed. B. Consultant's Project Manager shall meet with the City's Contract Officer, as needed, to discuss progress on the Project. C. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work or Services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed. SECTION 23. Section 6.2, Records, is hereby deleted and replaced in its entirety to read: 6.2 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit; and make records and transcripts from such records. SECTION 24. Section 6.3, Ownership of Documents, is hereby deleted and replaced in its entirety to read: 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Consultant further acknowledges the following: A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in the City; and no further agreement will be necessary to transfer ownership to the City. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that ail calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. C. Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by the City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by Consultant. D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). E. The City may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. SECTION 25. Section 6.4, Release of Documents, is hereby deleted and replaced in its entirety to read: 6.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant further acknowledges the following: A. All financial, statistical, personal, technical, or other data and information relative to the City's operations, which are designated confidential by the City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the City relating to the contract, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or the City's actions on the same, except to the City's staff, Consultant's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the City, and receipt of the City's written permission. E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. F. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity other than the City. SECTION 26. Section 6.5, Audit and Inspection of Records, is hereby added to read: 6.5 Audit and Inspection of Records. A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it's certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. B. Consultant and any subconsultant shall permit the City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. SECTION 27. Section 6.6, Audit Review Procedures, is hereby added to read: 6.6 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City's Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review.will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. D. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with .48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs. SECTION 28. Section 8.2,-Conflict of Interest, is hereby deleted and replaced in its entirety to read: 8.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Further, Consultant acknowledges the following: A. Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow. B. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with-the performance of services under this Agreement. C. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise. Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this Agreement shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this Agreement. SECTION 29. Section 8.3, Covenant Against Discrimination, is hereby deleted and replaced in its entirety to read: 8.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non- discrimination in city contracting. Consultant further acknowledges the following requirements: A. Consultant's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment. SECTION 30. Section 8.4, Rebates, Kickbacks or Other Unlawful Consideration, is hereby added to read: 8.4 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. SECTION 31. Section 8.5, Contingent Fee, is hereby added to read: 8.5 Contingent Fee. Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. SECTION 32. Section 9.2, Interpretation, is hereby deleted and replaced in its entirety to read: 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654)that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. SECTION 33. Section 9.6, Patent and Copyright Infringement, is hereby added to read: 9.6 Patent and Copyright Infringement. A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S., letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. SECTION 34. Section 9.7, State Prevailing Wage Rates, is hereby added to read: 9.7 State Prevailing Wage Rates. A. Consultant shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations. C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov. SECTION 35. Section 9.8, Prohibition of Expending City, State or Federal Funds for Lobbying, is hereby added to read: 9.8 Prohibition of Expending City, State or Federal Funds for Lobbying. A. Consultant certifies to the best of his or her knowledge and belief that: 1) No state, federal or City appropriated funds have been paid, or will be paid by-or- on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. SECTION 36. Section 9.9, Debarment and Suspension Certification, is hereby added to read: 9.9 Debarment and Suspension Certification. A. Consultant's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past,three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the City. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration. SECTION 37. Section 9.10, Disadvantaged Business Enterprises (DBE) Participation, is hereby added to read: 9.10 Disadvantaged Business Enterprises (DBE) Participation. A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal. B. The goal for DBE participation for this contract is 11.0%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met. C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. Consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate. D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section. E. A DBE firm may be terminated only with prior written approval from the City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting the City consent for the termination, Consultant must meet the procedural requirements specified in 49 CFR 26.53(f). F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors. G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate. H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF. I. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by Consultant or Consultant's authorized representative and shall be furnished to the Contract Officer with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to Consultant when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the Contract Officer. K. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City's Contract Officer within 30 days. SECTION 38. Section 9.11, Safety, is hereby added to read: 9.11 Safety. A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Section. D. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper. SECTION 39. Section 9.12, National Labor Relations Board Certification, is hereby added to read: 9.12 National Labor Relations Board Certification. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal-court that orders Consultant to comply with an order of the National Labor Relations Board. SECTION 40. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement (A4461), unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 6 and any provisions of the Contract Services Agreement(A4461), the provisions of this Amendment No. 6 shall in all respects govern and control. SECTION 41. Corporate Authority. The persons executing this Amendment No. 6 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 Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Sixth Amendment as of the date first written above. ATTEST: ' CITY OF PALM SPRINGS, a California charter city and municipal corporation By: L By. nthony J. 'ia, M C David H. Ready, City lerk City Manager APPROVED AS TO FORM: APPROVED BY CITY COUNCIL By: / 4 I J ffrey S. Baligger City Attorney CONSULTANT NAME: By: Dokken Engineering Check one: _Individual _Partnership X Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By: Notarized Signature of Chair the Chairman of Board, By6Notar�,�ig naZTrea etary, Assistant Secretary, President,or any Vice President. r, ssistr,or Chief Financial Officer By: �/ B Signature (notarize Sign o (notarized) Name: Richard T. Liptak Name: Cathy Chan Title: President Title: Secretary --.........-.....--- — -...._..___ _.-.-....... ---- -- - ..---- -- I I ' i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sacramento On 1511 r yr y /2-0►-1 , before me, Cet vh rn pi Notary Public, personally appeared Cgs cl c(pi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),ia'/are subscribed to the within instrument and acknowledged to me that /they executed the same in 4i.s4ter/their authorized capacity(ies), and that by bi&4ter/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. • CAMRAN SADEGHI •° Comm. p2120891 WITNESS my hand and official seal. W';`� , Notary Public-California' Sacramento County °.,,, ..• Comm.Expires Jul 25,2019 t SIGNATURE PLACE NOTARY SEAL ABOVE ............................................................................................................................................................................................................................................................................................................................................................................... Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document Title or type of document: Wo. G +o o, LlNt con4rrtc-1 �eryic�s A�,reerv�y�� �'Or �,ncl��xn Car�tion Drives WiL�evlin� anJ f ro l ec'+ No. O I— I 1 Document Date: Number of Pages: Signer(s) Other than Named Above: ATTACHMENT 1 FOLLOWS THIS PAGE ' DOKKEN ENGINEERING Transportation rConcept to Construction EXHIBIT "A" May 7, 2019 Mr. Marcus Fuller, PE, PLS CITY OF PALM SPRINGS 3200 East Tahquitz Canyon Way Palm Springs, CA 92263 RE: Indian Canyon Drive Widening over UPRR Amendment 6—Project Management, Engineering,and Right of Way Acquisition Support Dear Mr. Fuller: The purpose of this letter is to request funds for additional work, agreed to by the Project Development Team (PDT), on our contract for the Indian Canyon Drive Widening over UPRR Project. This amendment includes additional fees related to on-going project management, overhead, and right of way engineering in support of prolonged acquisition services that have been incurred to date as well as additional fees to provide continued right of way and engineering support related to unresolved right of way acquisition, expiring Temporary Construction Easements (TCE's), and any necessary design revisions related to updates in standards, incorporation of a Sewer utility, or additional comments received from the City or CM Team via the PDT prior to and during the bidding process. A. Project Management, Engineering,and Right of Way Acquisition Support Tasks to Date Additional funds are being requested to cover overhead costs and efforts by the Dokken Engineering team that have been incurred to date in assisting the City with bringing this project to construction. Dokken's engineers and right of way agents have continued to follow-up with stakeholders, as needed, providing all requested information, updated exhibits and project materials to finalize the acquisition and design process. Attachment B provides a table with a timeline for each of the parcel acquisitions to help better understand the myriad of challenges that have prolonged the acquisition process. The Granite Construction parcel, with sublease to Garnet Solar, has proven to be the most difficult parcel to acquire and condemnation processes are currently underway. The condemnation processes anticipated to take six to nine months, pending judicial backlogs and processing timelines. B. Project Management, Engineering,and Right of Way Acquisition Support Tasks to Construction Additional funds are also being requested to cover efforts from this date forward by the Dokken Engineering team in assisting the City with bringing this project to construction. Dokken's engineers and right of way agents will continue to follow-up with stakeholders, as needed, providing all requested information, and updating exhibits and project materials to finalize the acquisition and design process. Included in these additional funds will be the efforts required to update the Request for Authorization for Construction (RFA-CON), Right of Way and PS&E Certification Packages, and other submittals as needed including exhibits and documents required for submittals to Caltrans. The project will require updates to TCE's prior to and during construction per Attachment C, which identifies expiration dates for each TCE by parcel. Updates to the PS&E Package to incorporate revised standards, potential changes to the structure as needed to incorporate a new Sewer utility (being installed via a separate City project), and other revisions needed to resolve comments received by the City or CM Team via the PDT will be completed prior to bidding. 145o Frazee Road,Suite loo,San Diego,CA 921o8 • Tele 858.514.8377 0 Fax 858.514.86o8 0 www.dokkenengineering.com DOKKEN ENGINEERING Transportation Concept Mr. Marcus Fuller May 7, 2019 Page 2 Included in Attachment A is a breakdown of hours required to accomplish the above tasks. Below is a summary of the effort and costs,with the Total Not to Exceed Amount of this Amendment at$190,250. HOURSTASK NAME ESTIMATED ESTIMATED • A. Project Management, Engineering, and Right of Way Acquisition Support Tasks to Date 725 $113,425 B. Project Management, Engineering, and Right of 455 $76,825 Way Acquisition Support Tasks to Construction TOTALS 1180 $190,250 Please let me know if you have any questions or comments. Sincerely, DOKKEN ENGINEERING i Richard T. Liptak, PE 1309/RTL/MG Project Manager EXHIBIT A Attachment B CPNDI-11 Indian Canyon Drive,—UPRR WfdeningPmj,,l Da—IO APN Owrcr 2D360a18 Comment xo1)MUCommeta xoU-1@)[omm-ta xoU-11U eemment 3018Lg18[ommenu 2016O92o Cpmmenn 56sa5D.ox6. Onlgn,aj.xlmentwere re0ulred to,nommod,te dnln,ge upon detively of 11-1 dnumenla it—bmaght to the rryuiremenR The owner requntN hod had as to not (wevbuily 669.0 negatiale[a allentlon hY the owner Itis1 the parcel data pan hh future prepaed uu d dw grccl.Tnt final doting documents have been prepared es the 0x0,Parul CI,669� m aupptied by the tine cemDanY was ln[vrren.further 1flII Icoben Miner adinabon war lu-neompiw.1 due-udhrynaement prvpenybvunda,y Jinn Ifte bte qrr<nee.Pxnnand Ei rawa lined ]oOW,669 O91 coordination was required between the ne6ollatvr, Wx g0o1,669Om and lacgnealaated In lhea,ea of walntimprnement. OtY working[ofivll,e neeaw requirements. CoordinatianwiN all part..nceeded the In•g6AEllillal Oa4Yen Inheu,e survey,title afllct and owner to adlusl Olx he propert houndarle,accortlln6iy. ne8atia -timeline Y Meeting to conclude the language In the acquisilbn dnument took place with SCE legal department.They requnted to removesnlivn of the agreement perlai,dng All acqui,ilion dIt—els were a di-ed based on owner Deign adlntmenl wne—de u the W,cel durin8 a the removal of.111 santl,ubertlbalbn.In addilien area city teed hack and acceptance.Euliy-noted All Partin eanted dnumenn and the CPUC CPUC seta dale for IM1e acqut,lti-to be In the calendar Southern Ulibrnia negelia doe-pmjcclrnui,—et,and m.ner ltheyreque�ted a dau,e t,at.the prop rely le,-ert p pP p,epare y DD 2 fifi9093010 document must be coin toted and lnlermatian to lied tlacumenlalbn war eb SCE legal and su Iled and Nan puttied calenda,editem lelulure meetings, oe,.1 Edison leedback,Pn aR Partin teed backrni,ed davmentation war back to the owner if rtqui,ed by the awne,f me of the required-,nice the formal offer to owner. panel.the❑ly rcNew ofNnerequnts.Three reviews Ie CPUC lvapprove the acquisition tthe righlt the at, to CPUC. Once thil 1,heard and approved it will doe. rI don anyhe elingt of the nege1la11ng team, Is requiring for the project, ner and the City deign and legal lea..lhl,timeline ea[eeded the Initial„hed.le. b addition m an Ac<n,Ea,ement g Purchare Contract Exne—,.etled p,lv,to cosine meeting minute daument,equntd tram own-Nisaryui,idon warportal CPDCaDP,aved the Propertylransfar,agreement,grant Flnal closing documents have been prepared as he ahcwtng app—of the swamp properlyte^,action by wap with the adjacent neighbor-mne Ne parcel,ire deed and TCE In en,ew.Cannt clne until ea change Property ry I I p 'yn¢eded for emvw er Cil vlaeleller(rain 6outhern Glibrnla s bounds I,—le,adjacent owner antl swa 1M1e Cl - 3 ycan pre l 66?06D010 requirement for the misting wb,tation.Thereal estate tom,, property deed can he signed,which cannot take place Waiting on closing olswap propnt ow h:rsdux¢tl Gas Company dni IbaN owner and tlOt tlinale until Miner dote.Owner workin Dropeny)have been cvrrnted.Owner and Oly weeking y arney advising Nat transaction hat been apPreved gn-vino prolnlan ybwor ,an comDieting escrow In llnalit a e,c,aw 1a 4—enn. with Cerliliete of Acceptance for Sw Property Grant Ne acquisition one retreat--al h0i—ln,tld.—the dnument and dearing up boundary concerns, acqui,iuon requirM CPUC app— Deed.CiIY PraNtletl the dnumenlatlon ro dare-new. Owner will,ub,eil Counter Olfn and leneella,Y In..I Etaow tent a revived I.ing slalemem to includedthe 6 65-023 M—lalle—ehent has wbmilted lCF ABree nl language chan6n a be -1,to the,ulb--tmna. eem.Ovcumenl are ow time wedh Cit, hein e m letedh all a,tin. 6 669 WY01x Palm Springs Owner submitted-te,al ter Nat waxapproved by the E+crewheseloved Me-rsporu City. Adju,lement were ma de tv the owner seen.due to CommuNcallen 1—IM1e lessee M1as taken place with An les I,—nec.ted thea Ol ha, er feedback.Medications to theoffe,we,e All tlacumenlsare In noow work),,with ewne,and Olya^downer dep.dWaR,equlremenu Intoecrowto tinq,with dnlga-d ltat¢e ep,p P greement. y Flnal tlocumenit for the acquiaitlen tieing prepared to rode sentalive to p,evided fund I, the partial release is to be 8&9 —100001 anise Comuu[tlen completed and prnented ass foal oiler package lesee who has been un,npon,i lP allattemplt to close.Nl written and vnbal connponde—,hat been ompl-al all prv)nt<ancnm.Arovised agreement and —kY with--1gal department,ne6lotlatoe and have fi-lbed by all parties. comet pertaining to lh,partial releaserequired. real respond ed t o by IM1e lessee. cp 11A releee documental-^was negotiated and wiN supplied by lessee to elate escrow. .1,to mvdlfy the acqu,Itl.h dcoume-. all Partin-,reNew and approval. In&SG grown thing to 66907-3 Trnt Owner ed1.offer antlfi nw h ed nallced the acquitillan Fs[ ef[o Iwo Ercdenbur8 tlocuemnls. Win Tru 6690>OLox& Update requnted ham owner on CM antl la vnily Nat The Gtyhealgnedthe C&MAgreeme^t,UPRRI,a,Ying U 663100006 union P,cific Railrwd ownerI IlaBgingl,,.CM.brt for the On,to—ew theeasemeel deed prior,o signing fret dctl the C&M.CityapI _doll document,. Own'required anittan<e with enNrantmnlal Bureau of lane d^cumentatio^requirement to complete the a;aul,111on. U 66YOBD00g Management Negbtiator assisted In the p,o,ess with tupling final tlacumenlatio^was completed by all parties. ldfRigMu uy resin d. •uppv,tng information. EXHI BIT A Dekken Enginering OEP1Jo9 Attachment C ROW City Access SC Gas Slope Footing TCE Easement Easement Access Fee Take Easement Slope Easement Drainage TCE Area Misc. Settlement Date Offer APN Property Address Owner Area Area Area Area (SF) Amount Accepted Easement Area Easement Easement Additional Expiration (SF) (SF) Area (SF) (SF) Area Cost (SF) Area(SF) Costs Date (SF) 669-060-026, Indian Canyon Drive,South of Robert Miner 3,246 4,175 825 432 12,197 $20,735 0 8,746 27,427 $0 $98,300 1/24/2017 7/1/22 669-070-004 Garnet Avenue 669-093-010 6400 N.Indian Canyon Dr Southern California 50 0 0 0 8378 $16,756 0 400 7,236 $0 $24,500 4/132017 11/20/22 Palm Springs,CA 92262 Edison Indian Canyon Drive,Approx. Southern California 669-060-010 600 ft.south of Garnet 432 0 0 0 0 $0 0 0 1,801 $0 $10,900 2/2/2017 7/1/22 Avenue Gas Company 669-060-022 6545 W.Garnet Avenue,Palm Robert W Miner 1886 0 0 0 0 $0 0 0 6,899 $1,019 $39,400 1/24/2017 7/1/22 Springs,CA 92262 Trust 669-060-023 6555 N.Indian Canyon Dr., MLR TSAI 143 0 0 0 0 $0 0 0 1,213 $0 $11,707 8/10/2016 10/15/21 Palm Springs,CA 92262 Investments 669-093-012 6550 N.Indian Canyon Dr., Palm Springs 0 0 0 0 0 $0 0 0 3,301 $0 $16,505 7/21/2016 10/15/21 Palm Springs,CA 92262 Motorsports Indian Canyon Drive,South of 669-093-002&003 Robert Miner Trust 0 0 0 0 16,344 $24,516 0 0 14,860 $0 $53,400 1/24/2017 7/1/22 Garnet Avenue 669-100-001 5400 N.Indian Canyon Dr. Granite 1,633 0 0 0 21,595 $21,595 0 0 59,947 $11,425 $68,218 4/23/2017 7/1/22 Palm Springs,CA 92262 Construction own 669-070-003 Indian Canyon Drive,South of Living Trust, 0 0 0 0 12,461 $21,184 0 0 10,391 $0 $29,600 4/28/2016 9/1/21 Garnet Avenue Fredenburg Living 669-070-007& Indian Canyon Drive,South of Union Pacific 0 0 0 0 9761 $17,100 4117 0 60,401 $0 $72,600 2/9/2017 4/17/20 669-100-006 Garnet Avenue Railroad Indian Canyon Drive,South of Bureau of Land 669-080-002 47373 0 0 0 0 $0 0 0 24,128 $0 $0 1/18/2017 12/31/46 Garnet Avenue Management CP#01-11 Indian Cyn Drive Dokken Engineering EXHIBIT A 4/23/2019 REVISED EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro-rata portions thereof noted below. This Task Total Previous Increase Lump Sum Roadway Scope of Services Task 1.0, Project Management $12,200 $113,425 $125,625 Task 2.0, Survey and Right-of-Way $94,500 $71,825 $166,325 Task 3.0, Preliminary Engineering Studies $7,500 $0.00 $7,500 Task 4.0, Geotechnical Design $6,300 $0.00 $6,300 Task 5.0, Environmental Approval $50,900 $0.00 $50,900 Task 6.0, Roadway Plans, Specifications & Estimate (PS&E) $216,200 $0.00 $216,200 Task 7.0, Design Support During Bidding &Construction $2,000 $0.00 $2,000 Task 8.0, Environmental Mitigation and Monitoring Services $10,000 $0.00 $10,000 Amendment No. 5 - Interim widening, landscaped median north of bridge & access road $165,000 $0.00 $165,000 Other Direct Costs $0 $5,000 $6,000 Total of all Tasks of Roadway Scope of Services $565,500 $190,250 $755,750 Bridge Scope of Services Task 1.0, Project Management $ 31,800 $0.00 $12,200 Task 2.0, Survey and Right-of-Way $144,000 $0.00 $144,000 Task 3.0, Structure Advance Planning Studies $35,000 $0.00 $35,000 Task 4.0, Geotechnical Design $110,000 $0.00 $110,000 Task 5.0, Traffic Studies $7,500 $0.00 $7,500 Task 6.0, Environmental Approval $110,000 $0.00 $110,000 Task 7.0, Bridge Structural Plans, Specifications & Estimate (PS&E) $343,800 $0.00 $343,800 Task 8.0, Railroad Coordination $6,000 $0.00 $6,000 Total of all Tasks of Bridge Scope of Services $825,100 $0.00 $825,100 Grand Total of Contract $1,390,600 $190,250 $1,580,860 END OF REVISED EXHIBIT "C" AMENDMENT NO. 5 TO AGREEMENT NO. 4461 CONTRACT SERVICES AGREEMENT FOR INDIAN CANYON DRIVE WIDENING &BRIDGE REPLACEMENT CITY PROJECT NO. 01-11, FEDERAL PROJECT NO. BRLO 5282 (017) THIS FIFTH AMENDMENT TO Agreement No. 4461 for professional enging and insulting services, (herein "Amendment") made and entered into on the ne i day of M(y , 2016, by and between CITY OF PALM SPRINGS, a California charter City and municipal corporation, (herein "City"), and Dokken Engineering., (herein "Consultant"), is hereby amended as follows: RECITALS WHEREAS, City and Consultant entered into that Agreement No. 4461 to provide professional engineering and consulting services in the City of Palm Springs ("Agreement"), as dully amended from time to time; WHEREAS, City requests Consultant to provide additional design services for the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Project No. BRLO 5282 (017); and WHEREAS, the parties wish to amend the Agreement to extend the contract, to add additional design services associated with the project. Section 1. Scope of Services, Exhibit "A", is hereby amended by adding those services identified below and as referenced in the Consultant's proposal dated May 18, 2016, attached hereto as Exhibit A. Interim Widening - Design and support services for Indian Canyon Drive between Union Pacific Railroad (UPRR) and Garnet Avenue, City Project 01-11A. Landscaped Median North of Bridge— Design of raised landscaped median between UPRR and Garnet Avenue. Sand Barrier Wall — Design of a sand barrier wall at the southwest corner of Indian Canyon Drive and UPRR to minimize sand deposit onto the roadway. Granite Access Road Realignment — Design and right-of-way support services associated with access improvements required across the Granite Construction Co. property, including removal and replacement of frontage landscaping. Section 2. Section 2.1, Compensation of Consultant, is hereby revised to reflect the total amended contract amount as herein specified by this Amendment No. 5. The Schedule of Compensation, Exhibit "C", is hereby amended and increased by $165,900 to add these additional services: ORIGINAL BID AND/OR AGRE9,07 A. Interim Widening 350 $40,500 B. Landscaped Median North of Bridge 275 $30,700 C. Sand Barrier Wall 175 $20,700 D. Granite Access Road Realignment 500 $69,000 TOTAL NOT TO EXCEED $165,900 Total maximum contract amount: $1,390,600 Section 3. Full force and effect: Except as otherwise previously modified herein, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed and entered into the Amendment as of the date first written below. ATTEST: CITY OF PALM SPRINGS, a California charter city and municipal corporation B James Thompson David H. R City Clerk , City Manager APPROVED AS TO FORM: APPROVED BY CITY COUNCIL By. 11b �P�1 fib\ ouglas Holland b City Attorney CONSULTANT NAME: By: Dokken Engineering Check one:_Individual_Partnership_A_Corporation Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial Officer). By: Notarized Signature of Chairman of Board, President By: Notarized Signature Secretary, Asst. Secretary, or any Vice President Treasurer,Asst.Treasurer or Chief Financial Officer By:7//F!w / �� By: Signature (notaYzedf Signature n)"tarized) Name: Richard T. Liptak Name: Cathy Chan Title: President Title: Secretary A notary public or other officer completing this certificate verifies onlythe CALIFORNIA ALL-PURPOSE identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. CERTIFICATE OF State of California ) ACKNOWLEDGMENT County of Sc c raY)ni -a ) On E� I f 20IE, before me, Cctry SOL 1.._ tioin. ir- bi (— (here insert ram a d title of the officer) I personally appeared �E;c, o ek T. Liipintk ct ',A CC�Jt%� C14 'iL. who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)as/are subscribed to the within instrument and acknowledged to me that_he%he/they executed the same in W&A-ier/their authorized capacity(ies), and that by hWher/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY underthe laws of the State of California that the foregoing paragraph is true and correct. ,_ CAMRAN SADEGHI Comm. $2120891 WITNESS my hand and official seal. - Notary Public.California; Sacramento County 1 Comm.Expires Jul 25,2019 Signature (Seal) OPTIONAL INFORMATION Although the information in this section is not required bylaw, a could prevent fraudulent removal and reattachment of this acknowledgment ec an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of signer Identification titled/for the purpose of nMk,4- Np, {—p Proved to me on the basis of satisfactory evidence: 1- 0 rorm(s)of,deneification v credible whiress(es) 1r-P_0 r Pmk ILq 6 ) Notarial event is detailed in notary journal on. containing pages,and dated Pageft Entryd The signer(s) capacity or authority is/are as: Notary contact ❑ Individual(s) Other _ ❑,,//41hDrney-in-Fact Additiona!Sigripns) ❑ Sianer(s)Thumbprint(s) I�--"Icorporate Officer(s) Pi.S i dOM� - _.. ❑ntle(s) SC?�-r'B�fcin ❑ Guardian/Conservator Partner-Limited/General ❑ Trustee(s) ❑ Other representing: , rcfp r r r�4\ N,me(s)rf=ersor(n or Ent y en donor Is aepese,it C,(cpyfigir 2o07-2J 4 votary Rotary,Ines PO Box 4)40f .es Mo.,es,IA 50rl1 u507. All Rirg s Reserved. Iler,Nunber 101 n. necse�u'r LLyour Autl oiled Resial xrto pu idi copies of this torn. EXHIBIT "A" DOKKFN ENGINEERING May 18,2016 Mr.Marcus Fuller City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs,CA 92263 RE: Indian Canyon Drive Widening over UPRR Amendment Five(5)Proposal Dear Mr. Fuller: The purpose of this letter is to request funds for additional work,agreed to by the Project Development Team(PDT),on our contract for the Indian Canyon Drive Widening over UPRR Project. A. Interim Widening A bid package was requested by the City to alleviate the bottleneck between the existing bridge over UPRR and the intersection at Garnet Avenue. Work includes the preparation of seven (7) plan sheets, a project estimate, and specifications. B. Landscaped Median North of Bridee The City requested the addition of a raised landscaped median, north of the new structure, to be added to the project. Six (6) plan sheets are to be revised and seven (7) new plan sheets will be prepared. Project quantities, estimate,and specifications will be updated and submittals will be made at 95%and 100%in preparation of a Final Bid Ready Package by July 1,2016. C. Sand Barrier Wall A traffic barrier with masonry wall on top will be added along the westerly edge of shoulder, for approximately 500' south of the new structure. In addition, the western barrier/fence on the new structure will be revised to include a taller parapet that will also aid in protection from drift sand. Work will include the revision of two (2) bridge plans and the addition of two(2) new plan sheets. Project quantities, estimate, and specifications will also be updated to include the sand barrier protection wall and bridge barrier/fence revision for the bid ready package. Submittals will be made at 95%and 100%in preparation of a Final Bid Ready Package by July 1,2016. D. Granite Access Road Realignment At the request of Granite Construction Company,their access road that intersects with Indian Canyon Drive needs to be relocated to accommodate proposed truck and equipment circulation and a new solar array on their property. Project plans, quantities and estimate will be updated to include the Granite Access Road Realignment for the bid ready package. Submittals will be made at 95%and 100% in preparation of a Final Bid Ready Package by July 1,2016. — Staging Plan Updates per Road Realignment and Closures - Due to the realignment of the Indian Canyon Drive/Granite Access Road/Palm Springs Station Road intersection, and to incorporate a temporary road closure, the stage construction plans will be updated. Twenty (20) plan sheets, quantities, estimate, and specifications will be updated. In addition, MSE wall plans to be used during construction to accommodate differing roadway grades will be developed. Submittals will be made at 95% and 100% in preparation of a Final Bid Ready Package by July 1,2016. — Right of Way Updates (Plats/Legols and Appraisals)per Road Realignment- Due to the realignment of the Indian Canyon Drive/Granite Access Road/Palm Springs Station Road intersection, the project's right of way mapping and appraisals will be updated. Work will include the revision of right of way documents including one (1) Property Owner Exhibit; one (1) Property Appraisal; three (3) Plat Maps and Legal Descriptions for acquisition,slope easement,and temporary construction easement areas. Project right of way documents will .076 Ruffin Road.Suite 250.San nimo.CA 92121 Tele:8s8s14.83n Fan:858.s1a.86o8 www.dokkene.aineerine.com DOREN ENGINEERING Mr. Marcus Fuller May 18,2016 Page 2 be updated to include the revised acquisition areas in preparation of right of way negotiations. Submittals will be made as necessary to obtain City approval and right of way certification. Replace Frontage Landscaping and Private Property Features per Right of Way Negotiations - Due to the request from Granite Construction to have the City's contractor do the work to replace frontage landscaping, masonry block wall with chain link fence on top, and a swinging vehicular access gate along frontage we will be including additional details on the project plans. While many of the additional private property feature details will be standard plan (such as the masonry block wall and drive gate) there is substantial plan work involved in preparing the landscaping and irrigation plans. A screen-check submittal will be made at 100%and shared with the property owner in preparation of a Final Bid Ready Package by July 1,2016. Included in Attachment A is a breakdown of hours required to accomplish each the above tasks. Below is a summary of the effort and cost. ESTIMATED ESTIMATED TASK NAME HOURS COSTS A. Interim Widening 350 $40,500 B. Landscaped Median North of Bridge 275 $30,700 C. Sand Barrier Wall 175 $20,700 D. Granite Access Road Realignment 500 $69,000 TOTAL NOT TO EXCEED $165,900 Please let me know if you have any questions or comments. Sincerely, DOKKEN ENGINEERING Richard T. Liptak, PE Michael Greer, PE Project Manager Project Engineer 1309/RTL/MG Attach. City of Palm Springs Indian Canyon Drive Widening over UPRR A TTACHMENTA Construction Support Dokken Engineering Estrada Land Planning m TASKS � � a a r a a`� m � - Yf0„ m iu E BE m o a ~ o w == yp € m N 0 r55 = U � J 01 = a Ti Li a"i Fi 'n t° LL g _¢ ¢ E w p n 0 Q 6 L W a d E' d3 m3 m H H ie " wo H H r H 0 0 "g' o o y A O � O o O O 2 c c ¢ 0 O Or of a` a a` � a` ¢ � LL > a $0.00 $130.00 1 $165.00 $130.00 $90.00 $140.00 $85 $75 $184.80 $115.50 A. INTERIMWIDENING 0 225 0 0 125 0 0 0 350 $40,50DA0 0 0 0 $0.00 350 $40,W.00 Task 1.0-Project Management 25 1 25 $300.001 0 $0.00 25 $3,250.00 Task 2.0-Plans,Specs,and Estimate 200 100 300 $35.000.00 0 $0.00 300 $35,000.00 cask 3.0-Design Support During Bidding 25 25 $2,250.00 0 $0.00 25 $2,250.00 B. LANDSCAPED MEDIAN NORTH OF BRIDGE 0 20 0 0 110 0 0 0 130 $1$500A0 20 125 145 $16,139 275 1 $3DAU Task 1.0-Project Management 10 10 $1,300.00 0 $0.00 10 $1,300.00 Task 2.0-Plans,Specs,and Estimate 100 100 $9,000.00 20 125 145 $18,133.50 245 $27,133.50 Task 3.0-Design Support During Bidding 10 10 20 $2,200.00 0 $0.00 20 $2,200.00 C. SW BARRIER WALL 0 45 30 30 50 0 0 20 175 $20,700 0 0 0 $0.a0 175 520,700 Task 1.0-Project Management 5 5 $850.00 0 $0.00 5 1850.00 Task 2.0-Roadway Plans,Specs,and Estimate 40 50 90 $9,700.00 0 $0.00 90 $9,700.00 Task 3.0-Bridge Plans,Specs,and Estimate 30 30 20 80 $10,350.00 0 $0.00 80 $10,350.00 D. GRANITE ACCESS ROAD REALIGNMENT 0 240 30 60 160 2) 40 16 566 �i,750.00 5 20 25 $3X4. 591 a 61M Task 1.0-Project Management 100 100 $13,000.00 0 $0.00 100 $13,000.00 Task 2.0-Surveying and RightofWay 20 40 60 $6,200.00 0 $0.00 60 $6,200.00 Task 3.0-Plans,Specs,and Estimate 140 30 60 160 16 406 $46,550.00 5 20 25 $3,234.00 431 $49,784.00 TOTAL HOURS 0 530 60 90 445 20 40 36 1221 $139,450A0 25 1 145 1 170 $21,387.50 1391 $160A17.50 OTHER DIRECT COSTS(ODCs) 1 $5,000 $5.000.00 tAAO $5A00.00 TOTAL COST w/ODCs $0.00 $68,900.00 $9,900.00 $11,700A0 $40,050.00 $7,800.00 $3AM.00 $Z?W.00 TOTAL $144,450.00 $4,820.00 $16,747.50 TOTAL $21,387.50 TOTAL $165,817.50 TOTAL COST $0.00 $68,900.00 $9,900.00 $11,700.00 $40,050.00 $7,800.00 $3,400.00 $2,700.00 $144,450A $4,620.00 1 $16J47.501 $21,357.500 1 $165,817.50 Dokken Engineering 5/18/2016 AMENDMENT NO. 4 TO CONTRACT SERVICES AGREEMENT NO. 4461 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE STREET& BRIDGE WIDENING, CP#01-11 The following articles of Agreement No. 4461 are hereby amended to read as follows: j SECTION 2.1 Maximum contract amount is amended to One Million Two Hundred Twenty Four j Thousand Seven Hundred Dollars ($1,224,700.00). SCOPE OF SERVICES (Exhibit"A") —Exhibit"A" is amended as follows: i See the attached sheet. SCHEDULE OF COMPENSATION (Exhibit"C")—Exhibit"C" is amended as follows: i See the attached Revised Exhibit"C". i SCHEDULE OF PERFORMANCE (Exhibit"D")—Exhibit"D" is amended as follows: i See the attached sheet. I I Purchase Order Number(s): 12-0388 Agreement Number. 4461 Original City Council Approval: March 27, 2002 Original Contract Amount: $ 421,500 Amount of Previous Increase(s) $ 792,200 Amount of This Increase $ 11,000 Amended Total: $ 1,224,700 Account Number(s): 134-4497-50196 ($8,250) 134-4498-50196 ($2,750) SIGNATURES ON NEXT PAGE Except as specifically amended by this Amendment No. 4, all terms and provisions of Agreement No. 4461 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, i a California charter city City CEerk ' B1G,71/ I , APP ED A TO' R ',q)3 By& r°ty A ey APPROVED BY CITY COUNCIL �,�� CONTRACTOR: DOKKEN ENGINEERING 1� aIrk Check one:_Individual_Partnership X Corporation - Corporations require two notarized signatures: One signature p7,ygt be from the -hairman of Board,President,or any Vice President.The second signature must be from the Secretary,Assistant Secret Treasurer,Ass' n Treasurer,or Chief Financial O%,fficler)f� / I By: /�' � .� By: Notarized Signature o h ' an of Board, No ad d Signatu rsetary,Asst Secretary, President or any Vice President Tree r,Asst t U rror�Chief Financial Officer Name: A4/r �r� T G//� Name: DWI t Title:-, /�C�I/ Title: Se State of EAI�TD�ri iN State of—CAI l'4)(-I1iC. County of aacf County of Sat fa mew-tc s tt�� P ' On 1 S 2013 before me, Cavhran s 4; Nrl,, On t $ Zr%`i3 before me,L.Qrtl furl�arj'lvtr personally appeared F-iCiAa 4 T. L�e+r le personally appeared Ca In to C(n a vt who proved to me on the basis of satisfactory evidence)to be who proved to me on the basis of fisfactary evidence)to be the person*whose name(* istate subscribed to the within the person*whose names)Is/are•subscribed to the within instrument and acknowledged to me that he/she" instrument and acknowledged to me that 4 eAhehhey- executed the same in histherllheir authorized capacity(ieo,, executed the same in-Welherttheir authorized capacity('ies)7 and that by histheNtheir signatures}on the instrument the and that by hwhedtheir signature(e)-on the instrument the persons)-or the entity upon behalf of which the person(s} person*, or the entity upon behalf of which the person*- acted,executed the instrument acted,executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and State of California that the foregoing paragraph Is true and correct. correct. WITNESS my hand and offldal seal. WITNESS my hand and official seal- Notary Signature: 1 R \fir/ lid Notary Signature: Notary Seal: Notary Seal: CAIARAN SADEGHI CARRAN SADEGNI '.. COMM. #1945483 z COMM. #1945483 = Notary Public-California o a ,� Notary Public•California o Sacramento County Z Sacramento County QMY Comm Wires Jul 25,&115' I Comm. res Jul 25 2015+ EXHIBIT"A" SCOPE OF SERVICES The following "Environmental Mitigation and Monitoring Services", for the Interim Indian Canyon Widening, City Project No. 01-11A: shall be added: i Task 8 Environmental Mitigation and Monitoring Services - Dokken Engineering shall coordinate the requirements of the Mitigation Monitoring Plan approved under the environmental document. Specific tasks include: • Preconstruction Survey • Worker Training • Preconstruction Survey write-up • Agency Coordination • ESA fence monitoring • Project close-out END OF ADDITIONS TO EXHIBIT"A" i i REVISED EXHIBIT"C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A of this Agreement. Payments to Consultant shall be made no more frequently than monthly. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro-rata portions thereof noted below. This Task Total Previous Increase Lump Sum Roadway Scope of Services Task 1.0, Project Management $ 11,200.00 1,000.00 $12,200.00 Task 2.0, Survey and Right-of-Way $94,500.00 $0.00 $94,500.00 Task 3.0, Preliminary Engineering Studies $ 7,500.00 $0.00 $ 7,500.00 Task 4.0, Geotechnical Design $ 6,300.00 $0.00 $ 6,300.00 Task 5.0, Environmental Approval $ 50,900.00 $0.00 $ 50,900.00 Task 6.0, Roadway Plans, Specifications &Estimate (PS&E) $216,200.00 $0.00 $216,200.00 Task 7.0, Design Support During Bidding $ 2,000.00 $0,00 $ 2,000.00 Task 8.0, Environmental Mitigation and Monitoring Services $0.00 $10,000.00 $10,000.00 Total of all Tasks of Roadway Scope of Services $388,600.00 $11,000.00 $399,600.00 Total of all Tasks of Bridge Scope of Services $825,100.00 $0.00 $825,100.00 Grand Total of Contract $1,213,700.00 $11,000.00 1,224,700.00 END OF REVISED EXHIBIT"C" ij EXHIBIT"D" SCHEDULE OF PERFORMANCE i The following shall be added to Exhibit"D" Roadway Scope of Services: Task 8.0 shall be completed by December 31, 2012. END OF ADDITION TO EXHIBIT"D" i i I Ii i I AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT NO. 4461 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE STREET& BRIDGE WIDENING, CP#01-11 The following articles of Agreement No. 4461 are hereby amended to read as follows: Wherever in the Agreement the term "Contractor" is referred to shall be amended to refer to the term "Consultant". SECTION 2.1 Maximum contract amount is amended to One Million Two Hundred Thirteen Thousand Seven Hundred Dollars ($1,213,700.00). SCOPE OF SERVICES (Exhibit "A") — Exhibit"A" is amended as follows: See the attached sheets. SCHEDULE OF COMPENSATION (Exhibit"C")— Exhibit"C" is amended as follows: See the attached revised Exhibit "C". SCHEDULE OF PERFORMANCE (Exhibit "D") — Exhibit"D" is amended as follows: See the attached revised Exhibit "D". Purchase Order Number(s): 216363 Agreement Number: 4461 Original City Council Approval: March 27, 2002 Original Contract Amount: $ 421,500 Amount of Previous Increase(s) $ 78,400 Amount of This Increase $ 713,800 Amended Total: $ 1,213,700 Account Number(s): 134-4497-50196 ($359,900) 134-4498-50196 ($356,900) SIGNATURES ON LAST PAGE ORIGINAL BID AND/OR AGREEMENT Except as specifically amended by this Amendment No. 3, all terms and provisions of Agreement No. 4461 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a California charter city City clerk 01114itolI B . City Manag APPROV€D - 70 FORM: APPROVED BYCITY COUNCIL By. i Attorne 1`YI'11 A ,T ��c�\ tY Y CONTRACTOR: DOKKEN ENGINEERING Check one:_Individual_Partnership X Corporation Corporations require two notarized signatures: One signature must be from the h man of Board,President,or any Vice President.The second signature must be from the Secretary,Assistant Secre ry,T asurer,Assista re surer,or Chief Financial Officer). BYl1M �iZ ---- C By: �_ Notarized Signature of Chairman of Board, Notarized Signatur Se etary,Asst Secretary, President or any Vice President Treasurer,Asst trea r Chief Financial Officer Name: Richard A.Dokken Name: Cathy Chan Title: Chairman Title: Secretary State of Otn . f State of ,, } County of a County of a On jL-before me,,, L n C On f f before me, L n r,e M r 1 Personally appeared M t a yel T),Dkkek personally appeared a who proved to me on the basis of sans ry evidence) who proved to me on th sis of eatis1fictory,evidence)to be the persons)whose name(s) is/am subscribed to the within the person(s) whose name(s) istam subscribed to the within instrument and acknowledged to me that he/she/they instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized cepacity(ies), executed the same in his/herttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and State of California that the foregoing paragraph is true and correct. correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: .< Notary Signature: Notary Seal: Notary Seal: LYNNE M. CASTILLO @MY LYNNE M. CASTILLO COMM.9 1949015Comm.# 1849015 tlo�MIYIUBtIC-C,ttffalJU N � ttotNtYRKC.ralfFPwSACRAMENTO MY CONN Ev.WY 1�4.2013'r COMM.0 Evs1Mr 14,M3 EXHIBIT "A" SCOPE OF SERVICES This Amendment No. 3 is the result of the imposition of a policy directive from the Union Pacific Railroad (UPRR) prohibiting widening of the existing 4-span bridge over the UPRR right-of-way, and requiring replacement of the existing bridge structure with a new 2-span bridge structure. Following is the summary of the new scope of work required: • Demolish existing 4-span bridge and construct new 2-span bridge structure. • Construct new bridge approaches with an increased vertical profile to accommodate the new 2-span bridge structure. • Install a new traffic signal at the Indian Canyon Drive / Palm Springs Station Road intersection. • Construct a temporary construction detour for Palm Springs Station Road, and realign the Palm Springs Station Road approximately 50 feet west of its current alignment, and relocate its intersection with Indian Canyon Drive 60 feet south of its current location. • Facilitate relocation and adjustment of existing Southern California Edison (SCE) overhead utilities and power poles located along the east side of Indian Canyon Drive. • Remove the existing Granite Construction Co.'s driveway to the Garnet Aggregate Facility and other on-site improvements, and reconstruct a new driveway and associated on-site improvements as necessary to reconstruct a new intersection aligned with the Palm Springs Station Road at Indian Canyon Drive. ROADWAY SCOPE OF SERVICES The limits of the "Roadway Scope of Services" are between Stations 124+00 to 126+23, and between Stations 155+15 to 165+44. The following additional services beyond the original scope of the agreement shall be provided by the CONSULTANT: Task 1.0 Project Management Additional project management services are required for the duration of the delivery schedule. The original schedule was based on a 30-month project delivery. Due to the lengthy environmental process and UPRR delays, the revised project delivery will require an additional 30 months of project management services. Task 2.0 Survey and Right of Way Due to the passage of time caused by the lengthy environmental process and UPRR delays, numerous changes have occurred with the topography and UPRR track alignments. The original survey and right-of-way work was completed in 2003. Annual flooding of the Whitewater River has altered the native elevations in the southerly Exhibit A—Scope of Services Page 1 of 10 section of the project. UPRR has added another mainline track. SCE facilities which were originally assumed to be protected in place are now being impacted. Additionally, right-of-way appraisals, document preparation, acquisition, and certification are being added to the scope of work of this Agreement with this amendment. In order to complete the right-of-way tasks and preparation of Plans, Specifications and Estimates (PS&E) reflecting current existing topography and other information, the following tasks are required: Task 2.1 Right-of-Way Engineering. CONSULTANT shall prepare land net surveys and perform research to prepare existing right of way base map. Task 2.2 Right-of-Way Requirements. Upon completion of preliminary geometrics and the documentation of existing right-of-way, plats and legal descriptions for each acquisition (Temporary Construction Easements, Right-of-Way Take, and Slope Easements) shall be prepared. Following are the anticipated right of way needs: • 7 TCE's • 3 Right of Way Takes (Portion) • 4 Slope Easements In addition, the following new tasks will be performed by the CONSULTANT: Task 2.3 Acquisition Exhibits. CONSULTANT shall prepare Property Owner Right of Way Acquisition Exhibits. The exhibits shall depict property impacts created by all permanent Right of Way acquisitions and required temporary and permanent easements for all affected properties. Task 2.4 Appraisals. CONSULTANT shall prepare Right of Way Appraisals for all required parcels. Task 2.5 Conveyance Documents. CONSULTANT shall prepare legal descriptions, plats, and ancillary conveyance documents associated with the deeds. Task 2.6 Right of Way Coordination. CONSULTANT shall perform all work involved in acquiring property rights necessary for Right of Way Certification purposes. Task 2.7 Right of Way Certification. CONSULTANT shall prepare Right of Way Certification documents. Task 2.8 Surveying. CONSULTANT shall prepare new topographic mapping, right-of- way mapping, and field surveying. Surveying shall be accomplished as required to complete the design of the project. Exhibit A—Scope of Services Page 2 of 10 Task 3.0 Preliminary Engineering Studies Due to the extensive change in scope of the project, the CONSULTANT shall prepare a new Preliminary Engineering Report (PER). Additional services are required to update the PER with the final alignment and engineering information. Task 4.0 Geotechnical Design No additional work is required. Task 5.0 Environmental Approval No additional work is required. Task 6.0 Roadway Plans, Specifications & Estimate (PS&E) Task 6.1 30% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 30% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 6.2 65% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 65% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 6.3 90% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 90% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 6.4100% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 100% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Exhibit A—Scope of Services Page 3 of 10 Task 6.5 Final Approval Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a final submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 7.0 Design Support During Bidding The following new task shall be performed by the CONSULTANT: Task 7.1 Bid Support CONSULTANT shall attend pre-bid meeting. While the Project is being advertised for bids, all questions concerning the intent will be referred to the City for resolution. In the event that the items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by CONSULTANT for decision by the City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by CONSULTANT and issued by the City or by change order after the award of the construction contract. HIGHWAY BRIDGE PROGRAM (HBP) SCOPE OF SERVICES The limits of the "HBP Project Scope of Services" are between Stations 126+23 to 155+15. The following additional services beyond the original scope of the agreement shall be provided by the CONSULTANT: Task 1.0 Project Management Additional project management services are required for the duration of the delivery schedule. The original schedule was based on a 30-month project delivery. Due to the lengthy environmental process and UPRR delays, the revised project delivery will require an additional 30 months of project management services. Task 2.0 Survey and Right of Way Due to the passage of time caused by the lengthy environmental process and UPRR delays, numerous changes have occurred with the topography and UPRR track alignments. The original survey and right-of-way work was completed in 2003. Annual flooding of the Whitewater River has altered the native elevations in the southerly section of the project. UPRR has added another mainline track. SCE facilities which were originally assumed to be protected in place are now being impacted. Additionally, right-of-way appraisals, document preparation, acquisition, and certification are being added to the scope of work of this Agreement with this amendment. Exhibit A—Scope of Services Page 4 of 10 In order to complete the right-of-way tasks and preparation of Plans, Specifications and Estimates (PS&E) reflecting current existing topography and other information, the following tasks are required: Task 2.1 Right-of-Way Engineering. CONSULTANT shall prepare land net surveys and perform research to prepare existing right of way base map. Task 2.2 Right-of-Way Requirements. Upon completion of preliminary geometrics and the documentation of existing right-of-way, plats and legal descriptions for each acquisition (Temporary Construction Easements, Right-of-Way Take, and Slope Easements) shall be prepared. Following are the anticipated right of way needs: • 5 TCE's • 4 Right of Way Takes (Portion) • 3 Slope Easements In addition, the following new tasks will be performed by the CONSULTANT: Task 2.3 Acquisition Exhibits. CONSULTANT shall prepare Property Owner Right of Way Acquisition Exhibits. The exhibits shall depict property impacts created by all permanent Right of Way acquisitions and required temporary and permanent easements for all affected properties. Task 2.4 Appraisals. CONSULTANT shall prepare Right of Way Appraisals for all required parcels. Task 2.5 Conveyance Documents. CONSULTANT shall prepare legal descriptions, plats, and ancillary conveyance documents associated with the deeds. Task 2.6 Right of Way Coordination. CONSULTANT shall perform all work involved in acquiring property rights necessary for Right of Way Certification purposes. Task 2.7 Right of Way Certification. CONSULTANT shall prepare Right of Way Certification documents. Task 2.8 Surveying. CONSULTANT shall prepare new topographic mapping, right-of- way mapping, and field surveying. Surveying shall be accomplished as required to complete the design of the project. Task 3.0 Structure Advance Planning Studies Due to the extensive change in scope of the project, the CONSULTANT shall prepare a new Preliminary Engineering Report. Two bridge layouts shall be proposed to UPRR and to Caltrans and shall include the following scenarios: Exhibit A—Scope of Services Page 5 of 10 • 200 feet UPRR right of way with vertical abutments at the right of way line and one pier in the right of way (18' clear of existing northerly track) • 200 feet UPRR right of way with vertical abutments at the right of way line and one pier in the right of way (18' clear of middle existing track and requires track relocation) Task 4.0 Geotechnical Design Additional services are required to acquire UPRR permits and insurance, perform additional borings, labwork, prepare a new Structures Foundation Report, and prepare a new Geotechnical Design Report. The existing field investigation consisted of drilling four bridge foundation borings to depths of approximately 40 to 60 feet below original grade, with the deeper borings being drilled through the existing bridge approach fills. Four additional borings were drilled to completion depths of 6.5 feet to 24.5 feet below existing grade along the approaches for existing structural pavement and subgrade soil determination, approach fill widening, and to collect samples for classification and R-value testing. Based upon the loading demands of the original bridge widening scope (the existing bridge has a maximum span length of 50 feet and substructures consisting of multi-piled solid bent walls and short stub seat type abutments), the completed borings provided enough design information to support only the bridge widening in kind. Additionally, since the widening would have kept the approach fills at approximately the same elevation and profile (1't) and the limits and lengths of the approaches are essentially the same as the existing bridge, no further geotechnical work would have been required to prepare PS&E for widening of the existing bridge. The change in scope required by the UPRR, to demolish the existing bridge and replace with a new bridge structure has the following changes which require additional geotechnical work to complete the design: The new bridge abutment locations are approximately 100 feet away from the nearest bridge boring. There is a boring at the new bent location but due to the new span configuration (the new spans are 150 foot and 175 foot, respectively) the loading requirements at both the bent and the abutments require borings with depth on the order of 80 to 90 feet for both the larger axial and lateral demands of the two span replacement structure. Two of the four bent foundations have to be constructed within the existing bridge slopes to maintain existing traffic and will require temporary shoring as well as foundation design at these locations. The new bridge has full-height abutments to reduce the overall bridge length and will require shoring on the order of 25 feet tall (exposed face) to facilitate the staged construction and maintain traffic on the existing bridge approaches. Exhibit A—Scope of Services Page 6 of 10 The profile of the new alignment due to the longer spans and a design speed of 55 mph required a grade difference of as much as 15 feet above the existing profile. Staging of the project requires temporary fabric-faced mechanically stabilized earth retaining walls to retain the new approach fills while maintaining the existing bridge open to traffic and then to support the traffic while the existing bridge is demolished. Since the profile is raised, the approach fills are now about 500 feet long and will require about 2000 linear feet of temporary MSE wall to stage the construction while maintaining traffic. The existing approach fill will be widened and raised and the limits extended as stated above. This new alignment and geometry requires the following new geotechnical work to adequately complete the bridge design: Three (3) new bridge borings, one at each foundation location, 80 to 90 feet deep to obtain soils information for the design of the larger bridge foundations. The bent foundation will also require a railroad right of entry and project insurance policy. Seven (7) new approach fill/temporary MSE wall/new and widened approach fill borings between 20 to 50 feet deep will be required to provide bearing capacity, settlement, and stability analyses for the aforementioned required project improvements not part of the original widening footprint. Task 5.0 Traffic Studies Due to the passage of time and the new opening day date of 2013, the environmental revalidation requires 2035 traffic numbers. The CONSULTANT shall extrapolate the 2009 traffic data to support the environmental revalidation. Task 6.0 Environmental Approval Due to the extensive change in scope of the project, the CONSULTANT shall prepare the following new tasks: Task 6.1 Environmental Revalidation CONSULTANT shall prepare a NEPA Revalidation and CEQA Addendum. To accommodate required changes in the project design, additional permanent rights-of- way, temporary construction easements (TCE's), and elevated roadway profile and grade to conform to the elevated bridge structure design, CONSULTANT shall prepare a CEQA Addendum to the Mitigated Negative Declaration and a NEPA revalidation to the NEPA Categorical Exclusion. The Addendum/Revalidation shall include updates to the project description, description of the alternative, the environmental resource Exhibit A—Scope of Services Page 7 of 10 updates, and any other environmental sections that would warrant update due to changes in the project design or changes in local, state, or federal regulations. Pursuant to CEQA Guidelines Section 15164 an addendum need not be circulated for public review because it would not cause a change in any of the project's thresholds of significance for impacts. Subsequent to approval of the Addendum (by the City) and Revalidation (by Caltrans), CONSULTANT shall prepare a Notice of Determination for the updated Bridge Replacement Alternative. Biological Update CONSULTANT shall ensure all additional off-site environmental mitigation already purchased address the additional acres of direct and indirect effects associated with the changes in project design identified and shall be coordinated with CVAG in accordance with the CVMSHCP and the USFWS. Pursuant to the U.S. Fish & Wildlife Service's Programmatic Biological Opinion (FWS-ERIV-3282.4) a total of 332.5 total acres of off- site environmental mitigation acreage was required to offset direct and indirect effects for the Indian Avenue (now Indian Canyon Drive) Interchange and the associated arterial. On Nov. 1, 2007, CVAG had previously completed acquisition of 1,364 acres (the "Cathton Property') for off-site environmental mitigation associated with five Interstate 10 Interchanges, of which 240.06 was identified as mitigation for environmental impacts associated with the Indian Canyon Dr. Interchange and arterial projects. A balance of 92.44 acres of off-site environmental mitigation remained to be acquired for the Indian Canyon Dr. arterial projects. On April 23, 2010, CVAG completed acquisition of 160 acres within the Whitewater Floodplain Reserve (APN 669-460-003 and 669-460-004). A surplus of 67.56 acres of off-site environmental mitigation acreage located within the Whitewater Floodplain Reserve exists which may be applied to additional environmental impacts associated with the required changes in project design identified herein. Task 7.0 Bridge (Structural) Plans, Specifications & Estimate (PS&E) Task 7.1 30% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 30% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Additional services are required to accommodate the following changes to the original scope: • Roadway replacement (original project proposed widening roadway at existing profile, revised scope requires elevated roadway profile) • Drainage design (elevated roadway profile alters existing drainage patterns) • Utility relocations (original project assumed utilities were to remain in place) Exhibit A—Scope of Services Page 8 of 10 • Complicated construction staging plans (original project proposed widening the existing bridge while traffic is maintained on existing bridge. Revised scope requires elevated roadway profile complicating construction staging and traffic control) • New traffic signal at Palm Spring Station Road is required (original scope did not include signalized intersection) • New 2-span structure design (original project proposed widening existing 4-span structure) • Tall abutment design (original project proposed extending existing shorter abutments) • Three stage construction (original project proposed construction in 1 stage. Revised scope requires multiple stages to maintain traffic, requiring additional structure analysis and design) Task 7.2 65% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 65% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 7.3 90% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 90% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 7.4100% Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a 100% submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Task 7.5 Final Approval Submittal. Due to the extensive change in the scope of the project, the CONSULTANT shall prepare a final submittal resulting from the demolition of the existing bridge and construction of a new bridge, and all associated roadway improvements related to the change in scope required by the UPRR. Exhibit A—Scope of Services Page 9 of 10 Task 8.0 Railroad Coordination Due to the extensive change in scope of the project, the CONSULTANT shall closely coordination with UPRR and obtain UPRR approvals up to and including a Railroad Agreement for the following: • Structure Layout • Pier Location • Abutment Location • Track Relocation (if required) • Vertical Clearance Task 9.0 Design Support During Bidding The following new task shall be performed by the CONSULTANT: Task 9.1 Bid Support CONSULTANT shall attend pre-bid meeting. While the Project is being advertised for bids, all questions concerning the intent will be referred to the City for resolution. In the event that the items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by CONSULTANT for decision by the City as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by CONSULTANT and issued by the City or by change order after the award of the construction contract. END OF EXHIBIT "A' Exhibit A—Scope of Services Page 10 of 10 EXHIBIT "C" SCHEDULE OF COMPENSATION Tasks listed below are identical to tasks identified in Exhibit A (as amended) of this Agreement, and identify the Task Total Lump Sum costs inclusive of the originally agreed fee and any amended fees approved by the City through this Addendum No. 3. Other provisions included on Exhibit C of the original Agreement shall remain in full force and effect. Task Total Lump Sum ROADWAY SCOPE OF SERVICES Task 1.0, Project Management $11,200 Task 2.0, Survey and Right-of-Way Task 2.1, Right of Way Engineering $2,000 Task 2.2, Right of Way Requirements $1,000 Task 2.3, Acquisition Exhibits $10,000 Task 2.4,Appraisals $24,000 Task 2.5, Conveyance Documents $21,000 Task 2.6, Right of Way Coordination $23,000 Task 2.7, Right of Way Certification $1,000 Task 2.8, Surveying $12,500 Task 3.0, Preliminary Engineering Studies $7,500 Task 4.0, Geotechnical Design $6,300 Task 5.0, Environmental Approval $50,900 Task 6.0, Roadway Plans, Specifications & Estimate (PS&E) Task 6.1, 30% Submittal $80,460 Task 6.2, 65% Submittal $53,500 Task 6.3, 90% Submittal $47,000 Task 6.4, 100% Submittal $24,000 Task 6.5, Final Approval Submittal $11,240 Task 7, Design Support During Bidding $2,000 Total of all Tasks of Roadway Scope of Services $388,600 Exhibit C-Schedule of Compensation Page 1 of 2 EXHIBIT "C" (Continued) SCHEDULE OF COMPENSATION Task Total Lump Sum BRIDGE SCOPE OF SERVICES Task 1.0, Project Management $31,800 Task 2.0, Survey and Right-of-Way Task 2.1, Right of Way Engineering $8,000 Task 2.2, Right of Way Requirements $4,000 Task 2.3, Acquisition Exhibits $8,000 Task 2.4, Appraisals $32,000 Task 2.5, Conveyance Documents $19,500 Task 2.6, Right of Way Coordination $34,000 Task 2.7, Right of Way Certification $4,000 Task 2.8, Surveying $34,500 Task 3.0, Structure Advance Planning Studies $35,000 Task 4.0, Geotechnical Design $110,000 Task 5.0, Traffic Studies $7,500 Task 6.0, Environmental Approval $110,000 Task 7.0, Bridge (Structural) Plans, Specifications& Estimate (PS&E) Task 7.1, 30% Submittal $150,000 Task 7.2, 65% Submittal $92,400 Task 7.3, 90% Submittal $66,000 Task 7.4, 100% Submittal $26,400 Task 7.5, Final Approval Submittal $9,000 Task 8.0, Railroad Coordination $37,000 Task 9.0, Design Support During Bidding $6,000 Total of all Tasks of Bridge Scope of Services $825,100 Grand Total of Contract $1,213,700 END OF EXHIBIT "C" Exhibit C—Schedule of Compensation Page 2 of 2 EXHIBIT"D" SCHEDULE OF PERFORMANCE Roadway Scope of Services Task 1 shall be completed within 30 months of City's approval of this Amendment No. 3. Tasks 2, 3, and 4 shall be completed within 17 months of City's approval of this Amendment No. 3. Task 5 shall be completed within 6 months of City's approval of this Amendment No. 3. Task 6 shall be completed within 9 months of completion of Task 5. Task 7 shall be completed as necessary during bidding. Bridge Scope of Services Task 1 shall be completed within 30 months of City's approval of this Amendment No. 3. Tasks 2, 3,4, and 8 shall be completed within 17 months of City's approval of this Amendment No. 3. Tasks 5 and 6 shall be completed within 6 months of receipt of City's approval of this Amendment No. 3. Task 7 shall be completed within 9 months of completion of Task 6. Task 9 shall be completed as necessary during bidding. END OF EXHIBIT "D" Exhibit D—Schedule of Performance Page 1 of 1 r e AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 4451 WITH DOKKEN ENGINEERING INDIAN CANYON DRIVE STREET & BRIDGE WIDENING, CP#01-11 The following articles of Agreement No. 4461 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to four hundred ninety nine thousand nine hundred dollars ($499,900), an increase of fifty thousand one hundred dollars ($50,100). SCHEDULE OF COMPENSATION (Exhibit"C")- Shall be amended as follows: Amend the Roadway Scope of Services Task 5.0 "Environmental Approval' task total lump sum to $50,900. The total of all tasks of the Roadway Scope of Services shall be amended to S218,900. Amend the Structures Scope of Services Task 6.0, "Environmental Approval' task total lump sum to $93,500. The total of all tasks of the Bridge Scope of Services shall be amended to $281,000. The total of all tasks of this contract shall be amended to $499,900. Except as specifically amended by this Amendment#2, all terms and provisions of Agreement #4461 shall remain in full force and effect. Purchase Order Number(s): 216363 Agreement Number: 4461 Original City Council Approval: March 27, 2002 Original Minute Order Number: 7033 Original Contract Amount: $ 421,500 Amount of Previous Increase(s) $ 28,300 Amount of This Increase $ 50,100 Amended Total: $ 499,900 Account Number(s): 26 1-4491-50200 SIGNATURES ON NEXT PAGE ORIGRAL a,C AND/OR GREU ILEN"s Dokken Engineering, CP#01-11 Amendment No, 2 Page 2 AT T: CITY OF PALM SPRINGS, a�mun�icipal corporation Y. By: z -:7 City Clerk City Manager APPROVED BY CITY COUNCIL CONTRACTOR: DQKKEN ENGINEERING rIPH V AS E O E�R[`i/I Mailing Address: 5675 Ruffin Road, Suite 250, San Diego, CA 92123 --A�� N CONTRACTOR: Check one:,Individual_Partnership KCorpora4o 011h1 Attorney _ By- Signature(n ai Signn a re ,notarized) Name: Klc ard Namc: c/ Tr \1 cl zl, I Title:_ Title: J (This Agreement must be signed in the above space by one of This Agreement must be stSned in the above space by one of the fallowing, Chairman of the Board,President or any Vice the following: Secretary,Chief Financial Officer or any President) Assistant Treasurer) State of L-�-' � C7Vil6l_ titarc Uf �- Countyoftfinr. .*/Ifcir/ram Iss Countyur ' ' Si . )as D befoteme, O / — bclbm ni 1k<yac,1cc -e5- Ar , N3�%la7,P� personally appea ed / 'e. - 1 T L_jy,"i'J{�L personally appears%ram/ personally known to me(or proved to "Ic on the baeis of satisfactory personally(mown to me(or ptoved to me on the basis of setisfaclory evidence) to be the person(s) whose namc(s) iwarc subscribed to the evidence) to be the porson(s) whose name(s) is/arc subscribed to the widlm instrument and acknowledged to me that hdshe/they executed within instumenl and acknowledged to me that he/shc/thcy cxccuted the same in his/lher/their authorized capacny(ics), and that by the same in his/her/their authorized capacily(ies), and that by hisPocr/theii signnlure(s)on the instrument the person(s),ni the entity, his/her/their vtmanrre(S) on the instrument the person(s),or the entity upon behalf oi'which the person(s)acted,executed the instrument upon behalf of which the petson(s)acted,executed the instrument WITNESS my hand and oflre7al seal. ,, WITNESS my hand and official seal Notary Signature: � Notary Signature. Notary Seal: Notary Seal: RAMONA VOYLES RAMONA VOYLES "" Commission S 1576559 Commission* 1576559 z:=aly _ Nofary Public-California _®�, Notary PUNIC-California v El Dorado County a °'r.N•iry.e El Dorado County My Comm.Expires May 6,2009 My Comm.Expires May 6,2009y Dokken Engineering Indian Canyon Widening AGREEMENT #4461 Amend 1 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREE M07301, 5-21-03 WITH DOKKEN ENGINEERING FOR INDIAN CANYON DRIVE STREET & BRIDGE WIDENING CITY PROJECT NO. 01-11 The following articles of Agreement No. 4461 are hereby amended to read as follows: SECTION 2.1 Maximum contract amount is amended to four hundred forty nine thousand eight hundred dollars ($449,800), an increase of twenty eight thousand three hundred dollars ($28,300). EXHIBIT A is amended as follows: Add the following paragraph (f) to Bridge Scope of Services Task 6.0, "Environmental Approval", Technical Studies. f) Contractor shall prepare a Biological Assessment conforming to the current Caltrans Biological Assessment Template. The Biological Assessment (BA) shall be based on the results of coordination with the resource agencies and existing survey data. While it is understood that the methodology for calculating impacts on mitigation contained in the proposal for a conservation bank and for addressing the direct/indirect accumulative affects of 1-10, Coachella Valley and Banning Pass Interchange Projects may change as a result of the delisting of the flat tailed horned lizard, it is proposed that this document shall provide a basis for mitigation measures contained in the BA. Subsequent to the Contractor's production of a Draft BA, Contractor shall incorporate one round of comments from the City, two round of comments from Caltrans, one round of comments from the Federal Highway Administration (FHWA), and one round of comments from the United States Fish and Wildlife Service (USFWS). Following the incorporation of FHWA comments the BA shall be finalized by Contractor for submittal to FHWA and to the USFWS. Reproduction of 52 copies of the BA shall be included under this Task. Contractor shall attend meetings with the resource agencies to assist FHWA with the Federal Endangered Species Act, Section 7 " Consultation Process" and coordinate with the California Department of Fish and Game (CDFG), to ensure consistency with the California Endangered Species Act (CESA), under Fish and Game Code Section 2080.1. Following receipt of the final Biological Opinion (BO) from the USFWS, the Contractor shall submit to the CDFG a copy of the BO and a request for a consistency analysis under Section 2080.1. Coordination with CDFG concurrent with the Section 7,"Consultation Process", is anticipatedto result in a positive consistency determination such that a separate CESA consultation under Fish and Game Code 2081 will not be required. Contractor shall attend three additional project design team meetings concerning Task 6.0. EXHIBIT C is amended as follows: Amend the Bridge Scope of Services Task6.0,"Environmental Approval"Task Total Lump Sum to $74,800. The Total of all Tasks of Bridge Scope of Services shall be amended to $262,300 and Total of all Tasks of this Contract shall be amended to $449,800. EXHIBIT D is amended as follows: Add the following under Bridge Scope of Services under the line concerning Task 6: Task 6.0 (f) shall be completed within 8 weeks of a receipt of Notice of the Approval of the First Amendment to this Contract Services Agreement. Amendment No. 1 Dokken Engineering, CP#01-11 Page 2 of 2 Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. 4461 remain in full force and effect. ATTEST: CITY OF PALM SPRINGS, a municipal corporation A! B � lk -B y _ y- City Clerk 114SJ43 City Man e APPROVED AS TO FORM: tyAttorney CON.TTRAC�TO�R:�nClIec one:_Individual_Partnership Corp, ration A By: /�/G�h.�/ V—OM� y� v B Signature(notarized) " ,, ignature(ny arized) Name_TLC yl o" 4 bo4g( gj Name: "oy' (��Q,U? profs Title: QA1eWt,.— Title: (This Agreement must be signed in the above space by one This Agreement must be signed in the above space by one of of the following:Chairman of the Board,President or any the following:Secretary,Chief Financial Officer or any Vice President) ` Assistant Treasurer) State of L/r60f 61l,`d. 4� II State of y of J (�/ H ."U7 a✓..� Count �"Tlla+'ef67.aHdJiraT9 5a County of`rZ/,e2a a 4ec 6'de t7vLi ss Oyu;,a�'j L efore ma,�d A da�L ��7 O Oi�V06 fore me, I personally appeared k,,(,GW v'd lL jh,r7 lL`i!"A•%i3.o"ti.. personally appeared personally known to me(or proved to me on the basis of satisfactory personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s) is/are subscribed to the evidence)to be the person(s)whose name(s)is/are subscribedtothewithin within instrument and acknowledged to me that he/she/they executed the instrument and acknowledged to me thathe/she/they executed the same in sane in his/her/their authorized capacity(ies),and that by his/her/their his/her/their authorized capacity(ies),and that by his/her/theirsignalure(s) signature(s)on the instrument the perso r(s),or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the which the person(s)acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seal. / Jam/ WITNESS my hard and official seal. frrn' Notary Signature: fi..z°��.. ' 1\slit J �,I, Notary Signature: LA-r�o Notary Seal: Notary Seal: ,. mF RI �{ S 90114 ;flu 11CHARDS -«4i rlldA flIC1tARD5 ," comm''I 1315043 Camm.f 1315043 'p p :�A •,•S. NOTARY PUBLIGCALIFOANIA VI �,°1 SM� 8. NOTARY PUBLIC CALIFORNIA Y➢N Sacramento County i Sacramento County " ,�� My Comm Ee ics Jul 70 0005 My Comin.Expires Jul 26,2005 '°"" Y' P �s P Dokken Engineering Indian Cyu Str fi Bridge Widen AGREEMENT #4461 M07033, 3-20-02 CITY OF PALM SPRINGS _ Public Works and Engineering Department CONTRACT SERVICES AGREEMENT FOR INDIAN CANYON DRIVE STREET&BRIDGE WIDENING CITY PROJECT NO. 01-I1 7_�5 THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this day of , 2002, by and between the CITY OF PALM SPRINGS, a municipal corporation, (herein "City") and Dokken Engineering, (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity.) The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein 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 Servi..c 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. F52/276/099999-3000/2160684.2 6/14196 Rev,,M 09/01/98 I 0 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in(i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of 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 Four Hundred Twenty- One Thousand Five Hundred Dollars ($421,500.00) (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(1st) 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 F82/276/099999-3(W12I60684.2 6114/96 Rwiscd 09/01/98 2 0 9 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, howeve, 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. 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: Richard T. Liptak Chris Johnson 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 FS2/296/099999-300012160684 2 6/14/96 Revised.09/01/98 3 0 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 anveriisements 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, ME,NINIFICATION 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) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. The policy of insurance shall be in an amount not less than either (i) a combined single limit of$1,000,000 for bodily injury, death and property damage or (ii) bodily injury limits of$500,000 per person, $1,000,000 per occurrence and $1,000,000 products and completed operations and F521276/0999993OM/2 I W684 2 6/14196 ft vrsn ! 09/01/99 4 0 property damage limits of$500,000 per occurrence. If the Contract Sum is greater than $100,000, the policy of insurance shall be in an amount not less than$5,000,000 combined single limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either(i) bodily injury liability limits of$500,000 per person and $1,000,000 per occurrence and property damage liability limits of $250,000 per occurrence and $500,000 in the aggregate or (ii) combined single limit liability of$1,000,000. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds, except that the City shall not be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability Insurance. 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. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) days prior written notice by registered mail to the City. 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. All certificates shall name the City as additional insured (providing the appropriate endorsement), be signed by an authorized agent of the insurer, and shall contain the following "cancellation" notice: "CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail an advance 30-day written notice to the Certificate holder named herein." 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 persons 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 policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 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 F52/276/099999-3 0/2160684 2 6/14/96 R,vNM:09/01/98 5 • 0 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 is 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 Clerk,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 Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City ("City Manager")due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the 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. FS21276/099999-3000MW684 2 6/14/96 Rcvi'cd.09/01/98 6 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 tithes 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, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of 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, and 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 party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and(ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall FS2/276/099999-3"12I60684 2 6/14/96 Revim@ 09/01/98 7 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 nondefaulting 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 upon, 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 such 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 such 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 F522761099999-3MV2160684.2 6/14/96 Revised 09/01/98 8 herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against 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, and in the case of the Contractor, 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. FS2/276/099999-J000P2160689.2 6/14/96 Revised:09/01/98 9 9.3 Inteeration: 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. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS, a municipal corporation City Clerk Bvti City Mauaggbr APPROVED AS TO FORM: City Attorney 44PPRMD v YM o�M L? MM w�, r+ 7r L Agreement OMI AW&$25*004 �21L 1n 3 3 a 2 Renewed ani appre"d by Procurement a Coatraktlag P.O.Number FS2/276/099999-30 12160684 2 6/14196 Rc"'d.09/01/98 10 CONTRACTOR: DOKKEN ENGINEERING (Check one: _Individual_Partnership A Corporation) BY'vi�� f'G2�it� `Signature R icb �� � Si U y Kvecw, ceQ Print Name&Title C VA M M M N N By: Signature xt um'do ta?'gls- GG�J Print Name &Title (Corporations require two signatures: One from each of the following: A. Chairman of Board,President,any Vice President: AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer). Mailing Address: 9665 Chesapeake Drive, Suite 435 San Diego, CA 92123 (END OF SIGNATURES)._,, PS'11761099999-300012160684 2 6114196 Revised:0910V98 11 EXHIBIT "A" SCOPE OF SERVICES The intent of this contract is to provide the City with environmental and engineering design services to accomplish the widening of Indian Canyon Drive from two (2) to six (6) lanes, eighty-six feet wide (curb face to curb face) extending from Garnet Avenue, across the Union Pacific Railroad over the existing Indian Avenue Overhead (Bridge 56C-0025) to the Palm Springs Station access road. The Scope of Services as detailed herein shall provide the City with complete environmental services necessary to obtain requisite legal approvals to proceed with engineering plans, specifications and estimates (PS&E) with which to facilitate future construction of the desired improvements. ROADWAY SCOPE OF SERVICES Task 1.0 Project Management Hold PDT Meetings. A Project Development Team (PDT) including representatives from the City of Palm Springs and Caltrans Local Assistance shall be established after Notice to Proceed(NTP). A kick off meeting with the PDT shall be held as soon as possible after NTP. Trend meetings with the City of Palm Springs Project Manager and other representatives from affected agencies shall be held at least once a month. The environmental team leaders and/or subconsultants shall attend trend meetings as appropriate. Contractor shall prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties. 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. Project Schedule. After receipt of the Notice to Proceed (NTP), Contractor shall provide a detailed project schedule to the City of Palm Springs for review and comments. 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. Field Review. A site visit, by all members of the team shall be conducted to obtain information on current conditions, constraints and potential solutions. The PES and Field Review Forms shall be completed in accordance with accepted practice. Encroachment Permit. Contractor shall obtain all required encroachment permits to perform engineering investigations, survey work and environmental analysis. PS2/276/099999J000/2160684?6/14/96 Revised 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 12 Task 2.0 Survey and Right of Way Right-of-Way Mapping. Contractor shall prepare land net surveys and research to prepare preliminary Right of Way Maps. Determine Right-of-Way Acquisition Requirements. Upon completion of preliminary geometries and the documentation of existing right-of-way, a determination shall be made as to required right-of-way acquisition. Task 3.0 Preliminary Engineerim, Studies Preliminary Engineering Report. A Preliminary Engineering Report shall be prepared which shall include the documentation of typical cross sections, horizontal alignment and vertical alignments and an estimate of cost. Task 4.0 Geotechnical Design Preliminary Geotechnical Report. Available geotechnical data regarding the subject project and nearby areas shall be reviewed. Contractor shall: a. Review available geotechnical data for the existing bridge; b. Review available Caltrans logs of test borings for adjacent bridge structure (Indian Avenue overcrossing at Interstate 10); C. Review geotechnical data in the vicinity of the project; d. Review Caltrans seismic hazard maps for peak bedrock accelerations; e. Perform a site reconnaissance survey; f. Prepare and submit a preliminary geotechnical information report based on existing data; and g. Submit a preliminary foundation report in ar ordance with Caltrans standards and shall include a proposed subsurface investigation plan for later implementation Investigation for Aerially Deposited Lead (ADL). The investigation shall consist of 10 hand auger borings to collect soil samples for ADL testing. The boring depths may range from I to 3 feet. The borings shall be spaced at uniform intervals along the planned excavation areas. Specific elements of the investigation shall consist of the following: a. Submitting a work plan providing proposed sampling locations. b. Obtaining an encroachment permit from the City and Union Pacific Railroad. C. Performing hand auger borings to collect samples from surficial soils for lead contamination assessment. d. Backfilling the borings with sand. e. Performing laboratory testing consisting of 10 Total lead (EPA test method 7240) and 5 STLC lead (EPA test method 7420). f. Presenting the results in a report. Task 5.0 Environmental Approval Technical Studies. Contractor shall perform and provide the following Technical Studies: a. Air Quality Studies - An air quality assessment for the project shall be prepared in accordance with Caltrans' Transportation Project Level Carbon Monoxide (CO) Protocol, Caltrans Project- Level PM10 Hot Spot Analysis Interim Guidance, and the South Coast Air Quality Management F82296/099999-3000/2160684.2 6/14/96 Revised.09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 13 District's air quality guidelines. Contractor shall conduct the screening analyses specified in the protocol and conduct CALINE4 modeling for CO hot spots for up to ten (10) receptor locations. Construction related emissions shall be quantified and discussed in a general format unless project specific information is available. b. Noise Studies - Contractor shall prepare a noise study to address the project's impact on sensitive noise receptors, such as the commercial area located adjacent to Indian Canyon Drive south of I- 10. Field noise monitoring shall be conducted at up to five (5) receptor locations to provide existing noise levels and calibration of modeled results. Traffic noise shall be evaluated with Caltrans' SOUND32 noise model. Recommendations shall be made for any required noise attenuation measures. To prepare the noise study, Contractor shall rely on traffic data that shall be provided by Contractor. C. Cultural Resources Studies & APE Map - Contractor shall complete an archaeological and historical records search through the Information Center of the California Historical Resources Information System located at the University of California, Riverside. The records search shall determine whether the project area has been surveyed and, if so, what site types are within a one mile radius of the project area. Based on the results of the records search, Contractor shall conduct a systematic on-site pedestrian survey of previously unsurveyed property within the right-of-way to determine the presence of cultural resources. If previously recorded sites exist within the area to be directly impacted by the project, these shall be located and existing site records shall be updated, consistent with the guidelines established by the California Office of Historic Preservation. This shall result in positive findings, however, and a budget augment may be necessary to complete the additional required Caltrans documentation. At a minimum, a Negative Historic Property Survey Report(HPSR) and Negative Archaeological Survey Report (ASR) shall be prepared as part of the final environmental document for the project. An Area of Potential Effects (APE) map shall be established in consultation with the Caltrans District 8 Cultural Resource Coordinator for approval by the Federal Highway Administration. The entire.APE shall need to be surveyed for historic and prehistoric resources. The APE for the widening of the Indian Canyon Drive is assumed to be within existing right-of- way. Depending on the survey findings, additional Caltrans reports may be necessary. They may include one or more of the following: a Positive HPSR, a Positive ASR, a Historic Architectural Survey Report (HASR), an HASR-MOU Short Form, and/or a Historic Resources Evaluation Report. These reports shall be submitted for review and comment by Caltrans and FHWA. Contractor's level of effort for the cultural resource analysis services outlined in this proposal is based on negative findings. If cultural resources are identified within or adjacent to the APE, an additional scope of work and budget may be required. d. Natural Environment Study Report (NESR) - Contractor shall conduct a literature review to assist in determining the existence or potential occurrence of sensitive plant and animal species on the project site or in the vicinity of the site. Federal and State lists of sensitive species and current database records, including the California Natural Diversity Data Base (California Department of Fish and Game, 1999) and the California Native Plant Society's Electronic F5212161099999-300012160684 2 6/14/96 Revised.09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 14 0 0 Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 1994), shall be examined. The results of the records search shall be summarized in a table and included in the NESR. The fieldwork for this task shall be conducted by qualified biologists in order to document the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. The location of any sensitive biological resources present on site, including plants and plant communities, shall be mapped. For optimal results, Contractor recommends conducting the fieldwork in the springtime (i.e., April or May), if possible. This shall maximize our ability to effectively detect and positively identify sensitive species, particularly plants. Contractor shall conduct focused surveys for the Coachella Valley round-tailed ground squirrel and Desert tortoise in accordance with U.S. Fish and Wildlife Service survey protocol. No trapping of the ground squirrel is proposed. Findings of the surveys shall be incorporated into the NESR and appropriate mitigation discussed with the City and Caltrans, if mitigation is required. Contractor shall prepare an NESR that shall include a description of the field methods used and the results of the biological assessment of the property. The report shall include a list of plant and animal species present within the project area and a general description of the plant communities occurring. If there are any sensitive resources found on the site, Contractor shall prepare and include in the NESR a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. A table describing sensitive species that are present or potentially present shall also be provided in the report. Assuming a project grading plan or other project development plan is provi'ed; our report shall also identify and assess project impacts on the existing biological resources, including any sensitive species. If any significant adverse impacts are identified, we shall recommend appropriate mitigation measures. These mitigation measures shall be conceptual. C. Initial Site Assessment (ISA) Hazardous Waste Assessment - Concurrent with preparation of the preliminary environmental assessment, Contractor shall prepare an ISA in accordance with Caltrans' procedures. The tasks described below shall identify all documented hazardous waste sites located within the project study area, as well as facilities located within the project study area that store, transfer or utilize large quantities of hazardous materials. Contractor shall conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. The records search shall also identify business types located within the project study area that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information shall be obtained from records maintained by the State of California Department of Health and Regional Water Quality Control Board, and other appropriate agencies. Contractor shall conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. F522761099999-30002I W684.2 6114/96 Re,!sd OW01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 15 If hazardous waste sites are identified within the project study area (via governmental records and/or the visual survey), Contractor shall determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. Potential hazardous waste sites located within the project area shall be investigated per information available from local and/or State agencies. Historic land use information for the project study area shall be requested from the City to determine whether previous uses may have resulted in hazardous waste contamination. The ISA shall include the results of the lead testing in the ISA, which shall be conducted by Contractor. A draft ISA shall be submitted to the City and Caltrans for review. Contractor shall revise the ISA as necessary, and submit a final ISA for Caltrans' approval. Initial Study (IS)/Environmental Assessment (EA). The results of the technical studies shall be presented in a Draft IS/EA. Contractor shall prepare an administrative Draft IS/EA incorporating the findings of the technical studies for submittal to the City and Caltrans for review. Contractor shall revise the Draft IS/EA based on comments received from the City and Caltrans and shall submit the revised Draft IS/EA to the City, Caltrans, and FHWA(via Caltrans) for review. Contractor shall revise the Draft IS/EA per comments received from FHWA and shall prepare one copy of the IS/EA for Caltrans and FHWA signature for approval to circulate the document for public review. Contractor shall prepare a draft public distribution list per input from the City, Caltrans, and FHWA. The IS/EA shall be circulated for public review (up to 50 copies)per the distribution list, once the list has been approved by the City, Caltrans, and FHWA. Contractor shall prepare and publish a Notice of Availability and Opportunity for public hearing. Since the project is not expected to be controversial, our level of effort does not include coordinating/attending a public hearing. The draft Response to Comments shall be prepared for submittal to the City, and FHWA, via Caltrans. Negative Declaration(ND)/Finding of No Significant Impact(FONSI). Following public review of the IS/EA, a final ND/FONSI may be prepared for submittal to FHWA (via Caltrans) for review and approval. As part of the process for the final ND/FONSI, Contractor shall prepare response letters to agencies that submitted comments on the Draft IS/EA, prepare and file a Notice of Determination (NOD), and prepare and publish a Notice of Availability (NOA) of the final ND/FONSI. Contractor shall provide 50 copies of the approved ND/FONSI. Note: With respect to all of the foregoing tasks related to environmental approval, Contractor shall prepare studies, assessments, documents and reports in compliance with applicable law. Contractor shall respond to comments in a legally sufficient manner. To the extent City staff or legal counsel recommend changes necessary to meet legal requirements for environmental review, Contractor shall make such changes within the approved budget. Task 6.0 Roadway Plans, Specifications & Estimate (PS&E) Task 6.1 30% Submittal. P52/276/099999J000/216 84 2 6/14196 Rcvired 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 16 0 Plans. Contractor shall provide to the City for review and comment the following plans: Title Sheet; Roadway Typical Sections; Roadway Improvements Plan & Profiles; Grading Plans; Utility Plans, Stage Construction & Traffic Handling Plans. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical construction costs for similar projects. Utility Coordination. Contractor shall provide the 30% submittal to all impacted utilities and shall begin formal coordination to relocate or modify impacted utilities. Task 6.2 65% Submittal. Plans. Contractor shall revise the 30% submittal (plans and engineer's estimate) to reflect all City comments. Additionally, the Contractor shall provide to the City for review and comment the following plans: Signing and Striping Plans; Drainage Plans and Erosion Control Plans. 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 contract specifications and special provisions for the project, in Caltrans format, using "boiler plate" documents provided by the City. Drainage Report. Contractor shall prepare and provide to the City for review and comment a draft Drainage Report to include documentation and calculations for all drainage design solutions. Task 6.3 90%Submittal. Plaits. Contractor shall revise the 65% submittal (plans, contract 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 90% submittal. Utility Coordination. Contractor shall provide the 90% submittal to all impacted utilities and shall continue coordination to relocate or modify impacted utilities. Drainage Report. Contractor shall revise the draft(65% submittal) to reflect all City comments, and shall prepare and provide a final (90% submittal) Drainage Report to include documentation and calculations for all drainage design solutions. Task 6.4 100% Submittal. Plans. Contractor shall revise the 90% submittal (plans, contract 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 90% submittal. F53/2761099999-3W0216o6842 6114/96 Revised:09I01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 17 Design Cross Sections. Design cross sections, to assist the contractor in bid submittal and project understanding, shall be prepared at 50' intervals. Final Utility Coordination. Contractor shall finalize all agreements in writing with all impacted utilities. Notice shall be formally given of the City's intent to advertise the project for construction. Task 6.5 Final Approval Submittal. Contractor shall revise the 100% submittal (plans, contract 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 clean copy of the contract specifications and special provisions, stamped and signed by the Contractor, to the City for signature. An electronic copy of plans in inicrostation format shall be provided. Contract specifications and special provisions shall be provided in Caltrans format, and an engineer's estimate shall be provided to the City. BRIDGE SCOPE OF SERVICES Task 1.0 Project Management Hold PDT Meetings. A Project Development Team (PDT) including representatives from the City of Palm Springs, Caltrans Local Assistance, Union Pacific Railroad, and Caltrans Division of Structures (DOS) (if necessary) shall be established after Notice to Proceed (NTP). A kick off meeting with the PDT shall be held as soon as possible after NTP. Trend meetings with the City of Palm Springs Project Manager and other representatives from affected agencies shall be held at least once a month. The environmental team leaders and/or s•b consultants shall attend trend meetings as appropriate. Contractor shall prepare minutes for each meeting and distribute the minutes to all attendees and other interested parties. 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. Project Schedule. After receipt of the Notice to Proceed (NTP), Contractor shall provide a detailed project schedule to the City of Palm Springs for review and comments. 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. Field Review. A site visit, by all members of the team shall be conducted to obtain information on current conditions, constraints and potential solutions. The PES and Field Review Forms shall be completed in accordance with accepted practice. F52/276/099999-3 W/2160664.2 6/14/96 Rcviscd 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 18 Encroachment Permit. Contractor shall obtain all required encroachment permits to perform engineering investigations, survey work and environmental analysis. Task 2.0 Survey and Right of Way Establish Survey Control. Contractor shall obtain existing as-built and record plans and centerline monumentation, record of maps and surveys necessary to complete the project. In addition, Contractor shall obtain vertical project control. A project control map shall be prepared for and provided to the City. Prepare Aerial Topographic Mapping. Contractor shall provide topography surveys. Contractor shall set four aerial control points. Each point shall be located on horizontal and vertical project control. Contractor shall provide Photogrammetric Mapping. Contractor shall provide flying, black and white photography, film processing, black and white contact prints and Film diapositives, high-resolution scanning, simple rectification of images to the planimetric database, analytical aero triangulation, digital mapping production as necessary to create 1"=40' planimetric mapping with 1 foot contour interval covering the project length. Contractor shall provide Phogrammetric Mapping on a CD-ROM disk. Contractor shall reduce data for utilization in the contract plans. Contractor shall deliver point files as point number, northing, casting, elevation, description and control codes. In addition, Contractor shall deliver field notes and raw data from the data collector. Right-of-Way Engineering. Contractor shall prepare land net surveys and research to prepare final Caltrans Right of Way Maps and legal descriptions. Surveying. Surveying shall be accomplished as required to complete the design of the roadway, intersections and structures. Task 3.0 Structure Advance Plannin2 Studies Structure Advance Planning Study. Contractor shall review available existing data and conduct a field review to ensure that the "as-built" plans accurately represent the existing conditions and shall prepare an Advance Planning Study (APS) for the structure. Each APS shall incorporate a preliminary construction cost estimate for the structure. Once the preferred alternative has been selected, Contractor shall prepare a General Plan showing the plan, elevation and typical section views of the structures and any tieback walls that may be required, as well as a construction cost estimate. Some of the issues which shall be addressed at this time are foundation requirements, aesthetic features, tieback wall (if required), traffic control, barrier/railing type, construction methods, utilities, and access for construction operations. Utility Coordination. Contractor shall perform a complete utility search and shall provide and distribute a preliminary notice to all potentially impacted utilities. The notice shall request all applicable as-built drawings from the utilities. Contractor shall prepare and provide to the City a utility base map that will include all roadway and bridge as-built information, as well as all available utility information for underground and overhead utilities. Task 4.0 Geotechnical Desi n Geotechnical Design Report. Contractor shall develop a drilling program to explore subsurface conditions beneath the planned improvements. Near surface soils shall be evaluated to determine if support for the proposed bridge structure can be provided by spread footings. Various types of foundations shall be evaluated. Design P52/276/099999-3000/2160684.2 6/14/96 Revised.09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 19 recommendations for shallow or deep foundations shall be provided, as appropriate. New slopes may be formed during construction of embankments for the bridge approaches. Stability analyses shall be performed to evaluate near-surface and overall stability. Ground surface settlements could occur as a result of embankment construction. The magnitude and time rate of settlement under the new embankments shall be evaluated. Alternative flexible pavement structural sections shall be evaluated and recommendations shall be provided for the most suitable pavement types. Pavement sections shall be designed in accordance with the procedures outlined in the Caltrans Highway Design Manual. Field Exploration and Laboratory Testing. The Geotechnical Design Report shall provide design and construction recommendations for embankments and pavement structural sections and shall be prepared in accordance with California Test 130 procedures. The field investigation for the Geotechnical Design Report shall consist of drilling exploratory borings for the embankment and borings for pavement design. The borings for the embankments shall be drilled to a depth below existing grade. The borings for evaluating the subgrade soils for pavement design shall be drilled to deptlts of two to three meters below existing grade. Subsurface soil samples shall be obtained during the field investigation program for laboratory testing. Earth materials shall be classified in accordance with Caltrans' Office of Structural Foundations "Soil & Rock Logging Classification Manual (Field Guide)," dated August, 1996. Prior to the field investigation, Contractor shall prepare a plan showing the proposed boring locations. The plan shall be submitted to the City and the Union Pacific Railroad for purposes of obtaining appropriate encroachment permits for performing the field work. Traffic control shall be necessary when drilling some of the borings. Contractor shall follow appropriate City traffic control guidelines during the field work. The laboratory program shall consist of moisture content and dry density determinations, classification tests, shear strength tests, consolidation (compressibility) tests, R-value determinations, and corrosivity assessments. All testing shall be pe*fonaed in accordance with appropriate California Test and American Society for Testing and Materials (ASTM) procedures. Engineering Analysis and Report Preparation. A final Geotechnical Design Report shall be prepared in accordance with California Test 130 procedures. The report shall include descriptions of the field and laboratory programs, results of foundation, settlement, stability and pavement analyses and design recommendations for: a. Site stratigraphy, structural geology and natural slope stability. b. Subsurface soil and rock conditions. C. Surface drainage and groundwater levels. d. Liquefaction potential and the potential for earthquake-induced settlements. e. Excavatability and shrinkage and swell factors for estimating earthwork quantities. f. Embankment construction and foundation preparation beneath embankments. g. Estimated final ground surface settlements where new embankments are constructed. h. Earth retaining systems. i. Flexible pavement structural sections. j. Culvert foundations k. Potential sources of borrow material. 1. Potential for disposal of excess materials derived from earthwork operations. in. Construction considerations, including construction monitoring and instrumentation. n. Temporary and permanent cut and fill slope stability. o. Suitable foundation types for structures along with geotechnical engineering criteria for foundation design. FS2/276/099999J0002160684.2 6/14/96 Revised 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 20 0 P. Suitability of on-site soils for use as structure backfill and structure backfill materials, placement and compaction. The Geotechnical Design Report shall conform to the "Geotechnical Design Report Guidelines" developed by the Division of Structural Foundations (DSF). Aspects of the Geotechnical Design Report that address corrosion issues shall adhere to the "Corrosion Guidelines" developed by the Division of Materials Engineering and Testing Services (METS). Logs of test borings and laboratory tests results shall be included in the report. Geotechnical Coordination and Foundation Report. A Foundation Report shall be prepared for the structures based upon the field and laboratory investigations described below. The Foundation Report shall be prepared and signed by a Certified Engineering Geologist and a Registered Geotechnical Engineer with deep foundation experience currently licensed in the State of California. Recommendations shall be included in the report for structure foundation types and footing elevations. Specified and design pile tip elevations shall be provided. Information on groundwater conditions, allowable bearing capacities, and other data needed to evaluate the selected foundation shall be provided. The report also shall address anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches. The Foundation Report shall include: a. Nature of materials on the site. b. Liquefaction potential. C. Geologic hazards that may exist and recommendations for mitigation measures. d. Soil parameters and load requirements for shoring systems if required. e. Design parameters for wingwalls and retaining walls, where appropriate. The report shall be developed in accordance with the guidelines for foundation studies and reports as referenced in the Externally Financed Projects Branch (EFPB) Information and P_ocedures Guide and the Bridge Design Aids Manual. The format shall conform to "Guidelines for Foundation Investigations and Reports" prepared by the DSF. Design parameters and potential construction difficulties shall be identified and addressed in the Foundation Report, together with the proper mitigation measures. For the bridge structure, alternative types of foundations shall be evaluated to allow selection of the most suitable type of foundation. A Log of Test Borings (LOTB) sheet shall be prepared and included as part of the report and for inclusion in structure plans. The Foundation Report and LOTB shall be prepared in accordance with Caltrans Standard Procedures and shall be submitted to the City for review and approval. Field Exploration and Laboratory Testing. Contractor shall explore subsurface conditions by drilling test borings at each planned support location. The exact locations shall be selected in consultation with the City, Contractor and Union Pacific Railroad personnel to minimize impacts on traffic. Subsurface investigations shall conform to the requirements in Section 4.3.5 of the Bridge Design Specifications and shall provide for utilization of Class 400 piles as a minimum if pile foundations are determined appropriate. Disturbed and relatively undisturbed samples shall be obtained from the borings for classification and laboratory testing. The laboratory program shall be performed in accordance with California Test and ASTM procedures. It is anticipated that laboratory testing shall include moisture content and dry density determinations, classification tests, shear strength tests, and consolidation (compressibility) tests. Engineering Analyses. Results of the field exploration and laboratory test programs shall be analyzed to develop idealized subsurface profiles and geotechnical design parameters for bridge foundations. The most appropriate foundation type and related capacity shall be recommended. Seismic parameters such as peak bedrock acceleration F82/2761099999-3Mn 160684.2 6114/96 Rcniscd:09101198 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 21 0 and depth to rock-like materials shall be provided. Other seismic hazards, if encountered, shall be addressed and recommendations shall be provided to mitigate these hazards. Report Preparation. The results obtained from the geotechnical investigation shall be documented in a Draft Foundation Report, which shall include a LOTB sheet. The draft report shall be submitted to the City for review. The report shall be finalized upon receipt of review comments. The report shall include conclusions and recommendations regarding: a. Types, locations, and engineering characteristics of foundation materials. b. Engineering seismology of the project area, including liquefaction potential. c, Geotechnical factors potentially affecting the design of the proposed structures, including settlement and groundwater. d. Geotechnical design parameters for the most suitable methods of foundation support including allowable bearing capacities and resistance to lateral loads. C. Fill and backfill material, placement, and compaction procedures. Results of the field and laboratory tests and the LOTB shall be included in the final report along with the design conclusions and recommendations. Task 5.0 Traffic Studies Traffic Studies. Contractor shall generate a traffic operations analysis that shall examine existing and forecast future year conditions in the vicinity of the Indian Canyon Drive Bridge over the Union Pacific Railroad. The future year conditions examined shall be project opening year and year 2025. The analysis shall include examination of the following locations: Indian Canyon Drive Bridge proper, and Indian Canyon Drive/Palm Springs .Station Road. Specific tasks to be performed for the traffic operations analysis include the following: Traffic counts shall be collected on the Indian Canyon Drive Bridge. These shall be directional volumes collected in 15 minute increments for a period of at least 24 hours. In addition, a.m. and p.m. peak period turn volume counts shall be collected at Indian Canyon Drive/Palm Springs Station Road. Data for the intersection of Indian Canyon Drive/Garnet Avenue that was previously collected for the Indian Avenue/1-10 interchange reconstruction Project Report (PR) shall be used for this analysis. Existing peak hour traffic conditions and levels of service shall be assessed for the locations identified for examination. The levels of service shall be calculated using Highway Capacity Manual (HCM) methodologies. Future traffic conditions for Indian Canyon Drive shall be taken from the data developed for the Indian Avenue/1-10 interchange reconstruction PR. Any additional forecast data required shall be developed using CVAG's Coachella Valley Transportation Study (CVATS) traffic model. Forecast year 2025 daily and peak hour volumes shall be developed using 2020 data (the latest available) from the CVATS model. Since the CVATS model only provides daily volumes, peak hour volumes shall need to be developed using daily forecast volumes. To accomplish this, daily to peak hour conversion factors and directional splitting factors shall need to be developed in consultation with CVAG staff. The raw traffic model output shall be post-processed according to methodologies approved by CVAG rS2/296/M999-20W21 W694.2 6/14/96 Rcvrscd.NIC1199 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 22 and other regional transportation agencies. The post-processing shall include a procedure to extrapolate year 2020 data to year 2025 conditions. Opening year volumes shall be developed by interpolating between existing traffic volumes and year 2025 projections. The resulting opening year and year 2025 roadway and intersection levels of service shall be calculated using the HCM analysis methodologies. Based on the future levels of service, intersection and mid-block lane geometries shall be identified to maintain minimum level of service standards. The results of the traffic operations analysis shall be presented in a technical study. This study shall document the methodologies used to develop forecast traffic volumes, the level of service analysis methodologies employed, existing traffic conditions, forecast opening year traffic conditions, year 2025 traffic conditions, and improvements needed to maintain satisfactory operations under year. Task 6.0 Environmental Approval Technical Studies. Contractor shall perform and provide the following Technical Studies: a. Air Quality Studies - An air quality assessment for the project shall be prepared in accordance with Caltrans Transportation Project Level Carbon Monoxide (CO) Protocol, Caltrans Project- Level PM10 Hot Spot Analysis Interim Guidance, and the South Coast Air Quality Management District's air quality guidelines. Contractor shall conduct the screening analyses specified in the protocol and conduct CALINE4 modeling for CO hot spots for up to ten (10) receptor locations. Construction related emissions shall be quantified and discussed in a general format unless project specific information is available. b. Noise Studies-Contractor shall prepare a noise study to address the project's impact on sensitive noise receptors, such as the commercial area located adjacent to Indian Canyon Drive south of I- 10. Field noise monitoring shall be conducted at up to five (5) receptor locations to provide existing noise levels and calibration of modeled results. Traffic noise shall be evaluated with Caltrans' SOUND32 noise model. Recommendations shall be made for any required noise attenuation measures. To prepare the noise study, Contractor shall rely on traffic data that shall be provided by Contractor. C. Cultural Resources Studies & APE Map - Contractor shall complete an archaeological and historical records search through the Information Center of the California Historical Resources Information System located at the University of California, Riverside. The records search shall determine whether the project area has been surveyed and, if so, what site types are within a one mile radius of the project area. Based on the results of the records search, Contractor shall conduct a systematic on-site pedestrian survey of previously unsurveyed property within the right-of-way to determine the presence of cultural resources. If previously recorded sites exist within the area to be directly impacted by the project, these shall be located and existing site records shall be updated, consistent with the guidelines established by the California Office of Historic Preservation. This shall result in P82/276/099999-3000/2JW684 2 6tL4196 Revised:09/01/99 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 23 positive findings, however, and a budget augment may be necessary to complete the additional required Caltrans documentation. At a minimum, a Negative Historic Property Survey Report(HPSR) and Negative Archaeological Survey Report (ASR) shall be prepared as part of the final environmental document for the project. An Area of Potential Effects (APE) map shall be established in consultation with the Caltrans District S Cultural Resource Coordinator for approval by the Federal Highway Administration. The entire APE shall need to be surveyed for historic and prehistoric resources. The APE for the widening of the Indian Canyon Drive is assumed to be within existing right-of- way. Depending on the survey findings, additional Caltrans reports may be necessary. They may include one or more of the following: a Positive HPSR, a Positive ASR, a Historic Architectural Survey Report (HASR), an HASR-MOU Short Form, and/or an Historic Resources Evaluation Report. These reports shall be submitted for review and comment by Caltrans and FHWA. Contractor's level of effort for the cultural resource analysis services outlined in this proposal is based on negative findings. If cultural resources are identified within or adjacent to the APE, an additional scope of work and budget may be required. d. Natural Environment Study Report (NESR) - Contractor shall conduct a literature review to assist in determining the existence or potential occurrence of sensitive plant and animal species on the project site or in the vicinity of the site. Federal and State lists of sensitive species and current database records, including the California Natural Diversity Data Base (California Department of Fish and Game, 1999) and the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et al., 1994), shall be examined. The results of the records search shall be summarized in a table and included in the NESR. The fieldwork for this task shall be conducted by qualified biologists in order to document the presence/absence of sensitive biological resources (e.g., species or habitats), or to determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. The location of any sensitive biological resources present on site, including plants and plant communities, shall be mapped. For optimal results, Contractor recommends conducting the fieldwork in the springtime (i.e., April or May), if possible. This shall maximize our ability to effectively detect and positively identify sensitive species, particularly plants. Contractor shall conduct focused surveys for the Coachella Valley round-tailed ground squirrel and Desert tortoise in accordance with U.S. Fish and Wildlife Service survey protocol. No trapping of the ground squirrel is proposed. Findings of the surveys shall be incorporated into the NESR and appropriate mitigation discussed with the City and Caltrans, if mitigation is required. Contractor shall prepare an NESR that shall include a description of the field methods used and the results of the biological assessment of the property. The report shall include a list of plant and animal species present within the project area and a general description of the plant communities occurring. If there are any sensitive resources found on the site, Contractor shall prepare and include in the NESR a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. A table describing sensitive species that are present or potentially present shall also be provided in the report. Assuming a project grading F822761099999-300011i6 9426114196 Revised:09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 24 0 0 plan or other project development plan is provided; our report shall also identify and assess project impacts on the existing biological resources, including any sensitive species. If any significant adverse impacts are identified, we shall recommend appropriate mitigation measures. These mitigation measures shall be conceptual. e. Initial Site Assessment (ISA) Hazardous Waste Assessment - Concurrent with preparation of the preliminary environmental assessment, Contractor shall prepare an ISA in accordance with Caltrans' procedures. The tasks described below shall identify all documented hazardous waste sites located within the project study area, as well as facilities located within the project study area that store, transfer or utilize large quantities of hazardous materials. Contractor shall conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. The records search shall also identify business types located within the project study area that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information shall be obtained from records maintained by the State of California Department of Health and Regional Water Quality Control Board, and other appropriate agencies. Contractor shall conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. If hazardous waste sites are identified within the project study area (via governmental records and/or the visual survey), Contractor shall determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. Potential hazardous waste sites located within the project area shall be investigated per information available from local and/or State agencies. Historic land use information for the project study area shall be requested from the City to determine whether previous uses may have resulted in hazardous waste contamination. The ISA shall include the results of the lead testing in the ISA, which shall be conducted by Contractor. A draft ISA shall be submitted to the City for review. Contractor shall revise the ISA as necessary, and submit a final ISA for City approval. Initial Study (IS)/Environmental Assessment (EA). The results of the technical studies shall be presented in a Draft IS/EA. Contractor shall prepare an administrative Draft IS/EA incorporating the findings of the technical studies for submittal to the City and Caltrans for review. Contractor shall revise the Draft IS/EA based on comments received from the City and Caltrans and shall submit the revised Draft IS/EA to the City, Caltrans, and FHWA(via Caltrans)for review. Contractor shall revise the Draft IS/EA per comments received from FHWA and shall prepare one copy of the IS/EA for Caltrans and FHWA signature for approval to circulate the document for public review. Contractor shall prepare a draft public distribution list per input from the City, Caltrans, and FHWA. The IS/EA shall be circulated for public review(up to 50 copies)per the distribution list, once the list has been approved by the City, Caltrans, and FHWA. Contractor shall prepare and publish a Notice of Availability and F82/776/099999-3000/2160684.2 6/14/96 licvisetl:09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 25 0 Opportunity for public hearing. Since the project is not expected to be controversial, our level of effort does not include coordinating/attending a public hearing. The draft Response to Comments shall be prepared for submittal to the City, and FHWA, via Caltrans. Negative Declaration(ND)/Finding of No Significant Impact (FONSI). Following public review of the IS/EA, a Final ND(FONSI may be prepared for submittal to FHWA (via Caltrans) for review and approval. As part of the process for the Final ND/FONSI, Contractor shall prepare response letters to agencies that submitted comments on the Draft IS/EA, prepare and file a Notice of Determination (NOD), and prepare and publish a Notice of Availability (NOA) of the Final ND/FONSI. Contractor shall provide 50 copies of the approved ND/FONSI. Note: With respect to all of the foregoing tasks related to environmental approval, Contractor shall prepare studies, assessments, documents and reports in compliance with applicable law. Contractor shall respond to comments in a legally sufficient manner. To the extent City staff or legal counsel recommend changes necessary to meet legal requirements for environmental review, Contractor shall snake such changes within the approved budget. Task 7.0 Bridge (Structural) Plans. Specifications &Estimate (PS&E) Task 7.1 30% Submittal. Plans. Contractor shall provide to the City and Union Pacific Railroad for review and comment the following plans: Bridge General Plan, Foundation Plan, Typical Section, Utility Plans, Stage Construction&Traffic Handling Plans. Engineer's Estimate. Contractor shall provide a preliminary estimate based on approximate quantities and historical ^onstruction costs for similar projects. Utility Coordination. Contractor shall provide the 30% submittal to all impacted utilities and shall begin formal coordination to relocate or modify impacted utilities. Task 7.2 65% Submittal. Plans. Contractor shall revise the 30% submittal (plans and engineer's estimate) to reflect all City and Union Pacific Railroad comments. Additionally, the Contractor shall provide to the City and Union Pacific Railroad for review and comment the following plans: Deck Contours; Abutment Layout; Abutment Details; Bent Layout; Bent Details; Girder Layout; Miscellaneous Details; Bearing Details; Joint Seal Details; Structure Approach; Structure Approach Drainage Details; Structure Approach Details; Architectural Details; Traffic Control; and Index to Plans. Special Provisions. Contractor shall prepare and provide to the City for review and comment contract specifications and special provisions for the project, in Caltrans format, using "boiler plate" documents provided by the City. Design Calculations. Contractor shall prepare and provide to the City and Union Pacific Railroad for review and comment bridge calculations stamped by a Registered Civil Engineer. The design of the bridge and supporting calculations shall conform to current Caltrans standards (Caltrans Bridge Design Specifications and Caltrans Memos to Designers). FS2/296/099999.3000/2160684.2 6114/96 Rwiwd 091DII98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 26 0 0 Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 65% submittal. Task 7.3 90% Submittal. Plans. Contractor shall revise the 65% submittal (plans, contract specifications and special provisions, and engineer's estimate) to reflect all City and Union Pacific Railroad comments. Independent Check. Contractor shall provide bridge check calculations stamped by a Registered Civil Engineer. This check shall be performed by Contractor staff who are not otherwise involved with this project. Contractor shall also provide check calculations for the quantities associated with the Engineer's Estimate of Cost. The special provisions and details shall also be checked. Utility Coordination. Contractor shall provide the 90% submittal to all impacted utilities and shall continue coordination to relocate or modify impacted utilities. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 90% submittal. Task 7.4100% Submittal. Plans. Contractor shall revise the 90% submittal (plans, contract specifications and special provisions, and engineer's estimate) to reflect all City and Union Pacific Railroad comments. Engineer's Estimate. Contractor shall provide a detailed estimate of cost based on the 90% submittal. Final Utility Coordination. Contractor shall finalize all agreements in writing v ith all impacted utilities. Notice shall be formally given of the City's intent to advertise the project for construction. Task 7.5 Final Approval Submittal. Contractor shall revise the 100% submittal (plans, contract specifications and special provisions, and engineer's estimate) to reflect all previous comments. Contractor shall provide an original set of mytar plans to the City for signature; and shall provide a clean copy of the contract specifications and special provisions, stamped and signed by the Contractor, to the City for signature. An electronic copy of plans in microstation format shall be provided. Contract specifications and special provisions shall be provided in Caltrans format and an engineer's estimate shall be provided to the City. Pre-Bid Meeting. Contractor shall attend and coordinate a pre-bid meeting to be scheduled in advance of the bid opening date and to occur at the construction site. The Contractor shall monitor the meeting and field all questions asked by bidders. Minutes of the pre-bid meeting shall be prepared and distributed by the Contractor to attendees within two days following the meeting. Bidding Interpretations. Contractor shall review and respond to all inquiries and questions relating to plans and specifications during construction bidding. Discrepancies, errors or omissions within the plans and specifications shall be addressed by the Contractor through the issuance of addenda, prepared by the Contractor, and issued by the City. FS2/2761099999-3(W2160689 2 6/14196 Revised 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 27 Bid Review & Analysis. Contractor shall attend the Bid Opening and obtain copies of submitted bids for review and analysis. Comparison of construction bids with the final engineer's Estimate shall be performed. Analysis of submitted bids shall be conducted, and discrepancies and construction bid cost-overruns shall be determined. The Contractor, in consultation with the City, shall determine if construction bids are acceptable, or recommend re- bidding, as necessary. Task 8.0 Railroad Coordination Railroad and California Public Utilities Commission (CPUC) Coordination. Contractor shall coordinate with the Union Pacific Railroad and/or the CPUC the review and formal approval of plans, contract specifications and special provisions for this project. Contractor shall obtain on behalf of the City all required permits and approvals. END OF SCOPE OF SERVICES END OF EXHIBIT "A" FS11176/099999-30002160684 3 6/14/96 Re,k.d 09/01/98 EXHIBIT "A" TO CONTRACT SERVICES AGREEMENT 28 EXHIBIT "B" SPECIAL REQUIREMENTS Add the following to Section 2.0, Compensation: Section 2.3 Cost Principles. The Federal Acquisition Regulations in Title 48, CFR 31 are the governing factors regarding allowable elements of cost. Section 5.1, Insurance, First paragraph after 5.1(d): Replace "...Professional Liability Insurance." with "Professional Errors and Omissions Insurance" at the end of the first sentence. 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 6.2, Records, shall be amended to add the words "and State and Federal representatives" after and at the locations where the word "Contract Officer" appears. Add the following to Section 7.0, Enforcement of Agreement: Section 7.11 Subcontracts. Any subcontracts or contractual arrangements ("subcontracts") between the Contractor and other parties ("subcontractors") entered into in the performance of this Agreement to which the City is not named shall include all applicable provisions of this Agreement and the Contractor shall require that its subcontractors thereby comply with all such applicable provisions. Add the following to Section 9.0, Miscellaneous Provisions: Section 9.6 Administrative Requirements. This Agreement shall comply with all applicable provisions of the Uniform Administrative Requirements in Title 49, CFR 18. Add the following to Section 9.0, Miscellaneous Provisions: Section 9.7 Covenant Against Contingent Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or at its discretion to deduct from the agreement price or EXHIBIT "B" Nevi 760990%99�21W694.26/14/96 TO CONTRACT SERVICES AGREEMENT 29 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Add the Following to Section 9.0, Miscellaneous Provisions: Section 9.8, Disadvantaged Business Enterprise (DBE) Requirements A. DBE Participation Requirements and Regulations General The DBE participation for this contract is 11 percent. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," in the award and administration of DOT- assisted contracts. The regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this contract. Noncompliance by the Contractor with the requirements of the regulations is a material breach of this contract and may result in termination of the contract or other such appropriate remedy as the City of Palm Springs deems appropriate. The Contractor shall include the following in each subcontract the Contractor signs with a subcontractor: 1. A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. 2. The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. 3. Contractors shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes. B. Performance of DBE Contractors, Subcontractors and Suppliers DBE subcontractors shall perform the work and supply the materials for which they have been listed in the Contractor's response to the contract award requirements in Exhibit 15-G, "Local Agency - Bidder DBE — Information" of the Local Assistance Procedures Manual (LAPM), attached (as modified herein), unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Paragraph G, "DBE Substitution and Additions", of this Article. C. Prompt Payment to DBE and Non-DBE Contractors The Contractor shall not be entitled to any payment for the work or material, unless it is performed or supplied by the listed subcontractors (DBE or nonDBE), or by the Contractor's own forces, pursuant to prior written authorization of the Contract Manager. This is the case even if EXHIBIT "B" rszinero�9s9aaaorzisa.zeiwiee o9ia v9e TO CONTRACT SERVICES AGREEMENT 30 0 other contract work is not completed and has not been accepted in conformance with the terms of the contract by the State. The Contractor shall pay all DBE subcontractors and nonDBE subcontractors for satisfactory performance of their contracts within ten(10)days from receipt of each payment from the City of Palm Springs made to the Contractor. D. Prompt Payment Progress Pay Retention to DBE and NonDBE Subcontractors The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of the contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. E. DBE and NonDBE Subcontractor Payment Records The Contractor in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms. DBE prime contractors shall also show the date of work performed by their awn forces along with the corresponding dollar value of work. Upon completion of the contract, a summary of these records shall be prepared on Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM, (to be provided to the Contractor upon request), and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the Contract Manager. The Exhibit shall be furnished to the Contract Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being in dispute until the report is received. F. Penalty Assessed for Failure to Provide Subcontractor Payment Records Ten Thousand Dollars ($10,000) will be withheld from payment if Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM is not submitted. The amount will be paid to the Contractor when the form is submitted. G. DBE Substitutions or Additions The Contractor may not substitute, or terminate for convenience a subcontractor, a supplier or - if applicable a trucking company, listed in the original bid/proposal without the prior written approval of the Contract Manager. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor's own forces. The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE. The Contractor wilt be required to make good EXHIBIT "B" FS2/1/6/099999-3"i2160684d 6/14/96 TO CONTRACT SERVICES AGREEMENT 2evised W01M 31 0 faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. The requirement that DBEs must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the contract. DBEs must be certified at the time of the substitution or addition. Contractors shall submit requests for substitution in writing to the Contract Manager. Authorization to use other subcontractors or suppliers may be requested for the following reasons: 1. The listed DBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms, conditions for this contract or on the terms of such subcontractor's or supplier's written bid, is presented by the Contractor. 2. The listed DBE becomes bankrupt or insolvent. 3. The listed DBE fails or refuses to perform the subcontract or furnish the listed materials. 4. The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract. 5. The listed DBE was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two w^rking days after the bid opening and copies of that notice to both the subcontractor he or she claims to have listed in error and intended subcontractor who had'bid to the Contractor prior to bid/proposal opening. 6. The listed DBE was not licensed as required by the State of California Contractor's Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions. 7. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8. When the listed DBE is ineligible to work on a public works project pursuant to Section 1777.1 or 17777.7 of the Labor Code. 9. When it is in the best interest of the City of Palm Springs. Prior to approval of the Contractor's request for substitution to the Contract Manager, the Contractor shall give notice in writing to the listed DBE subcontractor of the Contractor's request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known address of the subcontractor. The listed subcontractor who has been so notified, shall have five working days within which to submit written objections to the substitution to the Contract Manager. Failure to respond to a written objection shall constitute the listed subcontractor's consent to the substitution. EXHIBIT "B" Fs2/276/099999-M/21e 84.26/14/9e TO CONTRACT SERVICES AGREEMENT Revised.09/01/98 32 H. Termination of a DBE In conformance with Federal DBE regulation Sections 26.53(f)(1) and 26.53(f)(2), Part 26, 49 CFR, the Contractor shall not: 1. Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel), or those of an affiliate, unless the Contractor has received prior written authorization from the Contract Manager to perform the work with other forces or to obtain materials from other sources 2. If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the contract goal. I. DBE Certification Status If a DBE subcontractor is decertified during the life of the contract, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the contract, the subcontractor shall notify the Contractor in writing with the date of certification. Upon completion of the contract, the Contractor shall complete Exhibit 17-F, "Final Report Utilization of Disadvantaged Businesses" of the LAPM, indicating the DBEs certification status and shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Contract Manager within 30 days from the date of completion of the contract. J. DBE Eligibility Toward Goal The dollar value of work performed by a DBE is credited/counted toward the goal only after the DBE has been paid. Credit for Material or Supplies Credit for materials or supplies purchased from DBEs will be as follows: If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward the DBE goal. If the materials or supplies purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies will count toward the DBE goal. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph. EXHIBIT "B" Fs2/276/099999-3 0 /Z1606a4.2 6/14/96 TO CONTRACT SERVICES AGREEMENT Rcv,,M:09/01/98 33 Credit for materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies, provided the fees are reasonable and not excessive as compared with fees charged for similar services. EXHIBIT "B" =s2m6r09099aooan_1euee426n4/96 Remx0 09/01/98 TO CONTRACT SERVICES AGREEMENT 34 0 LOCAL AGENCY BIDDER- DBE INFORMATION (Exhibit 15-G, modified) CO. -RTE. - K.P.: 08 - RIV - 0 - Psn CONTRACT NO.: _ STPL 5282 (016) and BRLO 5282 (017) CONTRACT AMOUNT: $425 000 00 CONTRACTOR'S NAME: _ DOKKEN ENGINEERING DBE GOAL FROM CONTRACT: 11% DBE PRIME CONTRACTOR CERTIFICATION: NOT APPLICABLE Contract Item DBE Cert. Name of DBE's Dollar No. Amount DBE Traffic Engineering Analysis CT-004467 Katz, Oldtsu& Associates $7,500.00 Geotechnical Engineering CT-020160 Diaz Yourman & Associates $26,300.00 Analysis Surveying CT-004350 Hernandez, Kroone & $24,500.00 Associates $58,300.00 Total Claimed Participation 13.7% END OF EXHIBIT "B" EXHIBIT "B" F52/276/099999-3000/2160684.26/14/96 TO CONTRACT SERVICES AGREEMENT Revised:09/01/98 35 • s 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 Roadway Scope of Services Task 1.0, Project Management --- $9,000.00 Task 2.0, Survey and Right-of-Way --- $5,500.00 Task 3.0, Preliminary Engineering Studies --- $5,000.00 Task 4.0, Geotechnical Design --- $6,300.00 Task 5.0, Environmental Approval --- $19,500.00 Task 6.0, Roadway Plans, Specifications & Estimate (PS&E) --- $142,200.00 Task 6.1, 30% Submittal $40,460.00 --- Task 6.2, 65% Submittal $43,500.00 --- Task 6.3, 90% Submittal $36,000.00 --- Task 6.4, 100% Submittal $15,000.00 --- Task 6.5, Final Approval Submittal $7 240 00 Total of all Tasks of Roadway Scope of Services --- $187,500.00 EXHIBIT 'C" FS2/27.09/01/98 09 rzieoesa seri�i9e Rav19e TO CONTRACT SERVICES AGREEMENT I0V98 36 Sub-Task Total Task Total Lump Sum Lump Sum Bridge Scope of Services Task 1.0, Project Management --- $12,000.00 Task 2.0, Survey and Right-of-Way --- $19,000.00 Task 3.0, Structure Advance Planning Studies --- $15,000.00 Task 4.0, Geotechnical Design --- $20,000.00 Task 5.0, Traffic Studies --- $7,500.00 Task 6.0, Environmental Approval --- $46,500.00 Task 7.0, Bridge (Structural) Plans, Specifications & Estimate (PS&E) $99,000.00 Task 7.1, 30% Submittal $30,000.00 --- Task 7.2, 65% Submittal $29,000.00 --- Task 7.3, 90% Submittal $25,000.00 --- Task 7.4, 100% Submittal $10,000.00 --- Task 7.5, Final Approval Submittal $5,000.00 — Task 8.0, Railroad Coordination $15 000.00 Total of all Tasks of Bridge Scope of Services $234 000 00 Total of all Tasks of this Contract --- $421,500.00 END OF EXHIBIT "C" EXHIBIT "C" f52R76/09000R160684.26/14/96 09/01/98/OV98 TO CONTRACT SERVICES AGREEMENT revised 37 EXHIBIT "D" SCHEDULE OF PERFORMANCE Roadway Scope of Services Task 1 shall be completed within 30 months of receipt of a Notice to Proceed from City. Tasks 2, 3, and 4 shall be completed within 12 months of receipt of a Notice to Proceed from City. Task 5 shall be completed within 18 months of receipt of a Notice to Proceed from City. Task 6 shall be completed within 9 months of completion of Task 5. Bridge Scope of Services Tasks 1 and 8 shall be completed within 30 months of receipt of a Notice to Proceed from City. Tasks 2, 3, 4, and 5 shall be completed within 12 months of receipt of a Notice to Proceed from City. Task 6 shall be completed within 18 months of receipt of a Notice to Proceed from City. Task 7 shall be completed within 9 months of completion of Task 6. END OF EXHIBIT "D" EXHIBIT "D" F52/276/099999J3M/216068426/14/96 TO CONTRACT SERVICES AGREEMENT RevixeJ:09/01/98 38 ACORO® CERTIFICATE OF LIABILITY INSURANCE GATE (MM pDIYYYY) 12/20/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER AssuredPartners Design Professionals Insurance Services , LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 CONTACT NAME: Nan Fenick : PHONNo Eti E 510-272.1400 FAX xoEJINL A REss: nancy.f6rrick@assuredpartners.com INSURERS AFFORDING COVERAGE NAICN INSURER A: XL Specialty, Insurance Company 37885 INSURED DOKKEENGI Engineering, Inc. Dok110 en Blue Ravine Rd., Suite 200 110 Blue INSURERS: Trumbull Insurance Company 27120 INSURER C: Sentinel Insurance Coma 11000 NSURERD: Folsom CA 95630 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1189763730 RFVIRION NUMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .6m TYPE OF INSURANCE EVER POLICYNUMBER POLICY EFF MOLICYEXP LIMITS C X COMMERCIALGENERALUABILRY CLNMSJUADE rx I OCCUR Y Y 84SBVM[4800 12/3WO22 12f312023 EACH OCCURRENCE S1,000,000 DAMAGE TO RENTED PREMISES Ea o mmoal $1,000,000 MED EXP (My one Verson) S 10,000 PERSONAL B ADV INJURY $1,000.000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY EJ CT 1-1LOC GENERAL AGGREGATE $2,000,000 PRODUCTS -COMPIOP AGO $2.000,000 $ OTHER I B AUTOMOSILELIABILRY Y Y 04UEGBD3407 12/31/2022 12/31/2023 COMBINED SINGLE LIMIT Ea acekewd $1,000.000 X BODILY INJURY (Per parson) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY 1 S PROPERTY DAMAGE Pere klard f HIRED NON -OWNED AUTOS ONLY AUTOS ONLY f C X UMBRELLA UAS X OCCUR Y Y 94S8WBH800 12/312022 12/311=3 FACHOCCURRENCE $6,000.000 AGGREGATE $5,000,000 EXCEBS LMB CLAIMS -MADE DED RETENTIONS S B WORKERSCOMPENSATION ANDEMPLOYERS'UABILITY YIN ANYPROPRIETOR,PARTNEREXECUTNE OFFICERMEMBEREXCLUDEDY NIA Y 84WEGAU5C27 12/312022 12/312023 X I PER OTH- TATUTE R E.L E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE- EA EMPLOYEE $1,000.000 (Mandatory In NH) If yes. describe under E.1- DISEASE -POLICY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS telou, A Pmtesvonaf Uability DPR5006501 12/31/2022 12f312023 SZODD.WD per Claim f2,000,m0 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD tat, Additional Remarks Schedule, may Na attached If more space Is repuired) Umbrella is follow form to Underlying General Liability/Auto Liability/Employer's Liability. Ref: All Operations. The City of Palm Springs, its officers, employees and agents and Owner are additional insureds for General Liability per policy form wording. Insurance is primary and non Contributory per policy form. A Waiver of Subrogation applies to Workers' Compensation. CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Engineering Department Attn: Kathie Hart 3200 E. Tahquitt Canyon Way Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy # 84SBWBI48CO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PROVISIONS - CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. It is agreed that paragraph (2) of subsections 6.d. and 6.f. of Section C. - WHO IS AN INSURED is replaced by the following: (2) The insurance afforded by paragraph (1) above does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury", "property damage" or "personal and advertising injury", involve professional architectural, engineering or surveying services, including but not limited to: (a) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d) Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (e) Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F - OPTIONAL ADDITIONAL INSURED COVERAGES; and it is agreed the following paragraphs replace section b. of subsection 9. of Section F. - OPTIONAL ADDITIONAL INSURED COVERAGES. These paragraphs do not attach or amend the language of any of the other subsections of Section F - OPTIONAL ADDITIONAL INSURED COVERAGES: The insurance afforded by this subsection does not apply if your acts or omissions, or the acts or omissions of those acting on your behalf, that are alleged to have caused the "bodily injury', "property damage" or "personal and advertising injury', involve professional architectural, engineering or surveying services, including but not limited to: (a) The preparing, approving, editing of or failure to prepare or approve, shop drawings, maps, opinions, reports, surveys, change orders, field orders, designs, drawings, specifications, warnings, recommendations, permit applications payment requests, manuals or instructions; (b) Supervisory, inspection, quality control, architectural, engineering or surveying activities or services; (c) Maintenance of job site safety, construction administration, construction contracting, construction management, computer consulting or design software development or programming service, or selection of a contractor or programming service; (d) Monitoring, sampling, or testing service necessary to perform any of the services included in a. b. or c. above; (a) Supervision, hiring, employment, training or monitoring of others who are performing any of the services included in a., b. or c. above. The insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Form SS 51 14 0417 Page 1 of 1 © 2017, The Hartford Policy # 84SBWB14800 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (f you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or forth the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment Wth respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM Policy# 84SBWB14800 contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendors premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person from orgred reason of the assumption of whom You have acquired such products, cq such products, liability in a contract or agreement. or any ingredient, part container, This exclusion does not apply to nying or entering into, accompanying liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 Policy # 84SBNB148DO BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". —� f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (1) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM Policy # 84SBWBI4800 (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit a. Damages because of "bodily injury" and "property damage" included in the .'products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. —> 6' b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 Policy# 84S9w1314800 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit', the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit`, single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit", and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES insured will, except at that insured's own cost voluntarily make a payment,t, assume co GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as "occurrence" the extent that you have agreed in a practicable of an or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: noncontributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM Policy #84SBW1314800 This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. �> 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 Policy # 84SBMI0 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or —� (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. —� b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 MUEG803 7 Gokken Engineenng. Inc. COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A. 1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A. 1. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A. 1. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also primary, we will share with all that other If you have agreed in a written contract insurance by the method described in or written agreement that another Other Insurance S.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this ( b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self -insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5 PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/ease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,600, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 84WEGAU5C27 Endorsement Number: Effective Date:12/31/2022 Effective hour is the same as stated. on the Information Page of the policy. Named Insured and Address: Dokken Engineering, Inc. 110 Blue Ravine Rd., Suite 200 Folsom, CA 95630 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 12/31/2023