Amendment No_ 1 to Professional Services Contract — Cathedral City City Council, February 23, 2022

AMENDMENT NO. 1
TO THE

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ADVANTEC CONSULTING ENGINEERS, INC.

FOR
CIP 8752 – TRAFFIC SIGNAL UPGRADES (HSIP CYCLE 9)

In accordance with the “Agreement for Professional Services” dated June 24, 2020 (the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and ADVANTEC Consulting Engineers , Inc ., a California C orporation (“Consultant”), and in accordance with Section 37 of the Agreement, entitled, “Amendments”, this Amendment Number One (1) to the Agreement is made and entered into this 10th day of February 2022, (“Effective Date”).

RECITALS

A. Consultant currently provides the City with professional engineering services associated with the Traffic Signal Upgrades at ten (10) Intersections throughout the City of Cathedral City Project, Federal Project Number HSIPL- 5430(034), City Project Number 8752, pursuant to the Agreement dated June 24, 2020.

B. City desires to amend the Agreement to: (1) include as part of Consultant’s scope of work additional services; and (2) provide additional compensation for said work.

C. Consultant is qualified and agrees to provide the additional work pursuant to the terms of this Amendment No. 1 to the Agreement and City agrees to the amendments contained herein.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. The name of the project will be updated to Traffic Signal Upgrades at twelve (12) Intersections throughout the City of Cathedral City.

Section 2. Consultant shall provide the City with certain additional services as is more particularly described in Exhibit “A” attached to this Amendment No. 1 (“Additional Services”). Such Additional Services shall be provided pursuant to the terms of the Agreement.

Section 3. For the Additional Services under this Amendment No. 1, City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for said services the sum of Twenty-Six Thousand, Four Hundred, Fifty-Eight Dollar ($26,458.00), as set forth in Exhibit “ B” to this Amendment No. 1. In addition, the Scope of Services includes an Optional Task in the sum of Fifteen Thousand, Seven Hundred, Seventy-Five Dollar ($15,779.00), as set forth in Exhibit “B”. In no event shall the compensation under the Agreement and this Amendment No. 1 exceed $258,347.48. The method of payment for the Additional Services under this Amendment No. 1 shall be a lump sum payment.

Section 4. Except as specifically amended by this Amendment No. 1 , the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

SUMMARY:

Amendment No. 1 amends the Scope of Work and the Estimated Not to Exceed Compensation fee amount in accordance with the details listed in the attached Exhibits A and B.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.

CITY OF CATHEDRAL CITY ADVANTEC CONSULTING ENGINEERS, INC.

By: Charles P. McClendon By: Carlos A. Ortiz
City Manager Chief Operating Officer & Principal

ATTEST:

By: Tracey R. Martinez By:

City Clerk

By: Eric S. Vail
City Attorney
EXHIBIT “A”
Scope of Services

The Scope of Work included in Amendment No. 1 is described in the attached proposal dated January 18, 2022.

City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

2 EXHIBIT A

SCOPE OF SERVICES

for
ADDENDUM NO. 1

City Project: CO8752; HSIP Cycle 9 Project: HSIPL
-
5430 (034),
Twelve
(12)

Intersections Traffic Signal Modifications

The additional services are based on Caltrans approval of the City of Cathedral City
's

HSIP Cycle 9 Project
Grant Application Scope Change R
equest
.

The work includes updating the design of five intersections that have overlapping improvements with the
Coachella Valley Association of Governments (CVAG) Phase I Regional Traffic Signal Synchronization Project (RTSSP)
that
is currently under co
nstruction
, and adding two intersections with traffic signal
improvements.

This requires updates to
project plans, te
chnical

specifications, and estimates
. This also
requires
revisions
to the environmental documentation

due
to
the change of work
at the five intersections
and
with the addition of two intersections.

Table 1

shows
the five intersections that have overlapping improvements with

CVAG RTSSP Phase
I
project.

Table 1

–

Overlapping Improvements

No.

Intersection

Description of

CVAG RTSSP Phase I Improvements that Overlap with Cathedral City HSIP Cycle 9 Grant Application

1 Ramon Road / Whispering
Palms Trail

1. New
Video Detection System

2. New Controller

2 Ramon Road / Cathedral
Canyon
Drive

1. New
Video Detection System

2. New Controller

3 El Dorado / Palm Canyon
Drive

1. New Video Detection System

2. New Controller

4 Ramon Road / Desert Vista
Road

1. New Video Detection System

2. New Controller

5 Da Vall Drive / Ramon Road

1. New
Video Detection System

2. New Controller

ADVANTEC will update
the five

traffic signal modification plans that we prepared to reflect these improvements by others.

Table 2

shows the
two
additional intersections including recommended
improvements.

City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

3 Table
2 –

Additional Intersections and Recommended Improvements

No.

Intersection

No. of
Video
Detection
Cameras

New

Traffic
Signal

Controller

Countdown
Ped Heads

APS Ped
Push Buttons

1 Date Palm Drive at
Gerald Ford Drive

4 1

6 6

2 Dinah Shore Drive
and Cathedral
Canyon Drive

4 1

8 8

ADVANTEC will prepare
traffic signal modification plans for
two intersections and incorporate into the
project plan set.

The additional work
includes the following:



Project Management and Coordination



Field work



Utility Coordination



Environmental Documentation



Final Plans
-

Title Sheet, Traffic Signal Modifications, and Details



Technical Specifications



Final Estimate of Quantities and Costs

T
he following summarizes our tasks to complete the
additional
scope of services
:

Task 1

Project Management,
Coordination,

and Meetings

ADVANTEC will provide
additional P
roject Management activities
to manage the additional work and
tasks identified in this addendum. This includes additional coordination with project team task and the City including bi
-
weekly conference calls with the City’s Project Manager in order to provide up -
to
-
date
project statu
s, discuss any concerns or issues, and follow
-
ups on any requests or action items.

Deliverables:

Additional p
roj
ect management
, coordination, and meetings.

Task 2

Field Work

and Data Collection

ADVANTEC will coordinate with City staff, collect and revie w available data for use and reference
associate with the project improvements. ADVANTEC’s Senior Traffic Engineers/Field Technicians will conduct a thorough field review of existing conditions at the two (2) signalized intersections .

Upon completion of the above items, ADVANTEC will identify potential constraints that may be encountered in relation to the proposed improvements. This information will be used to prepare base mapping and proposed improvements at the project intersections.

Deliverables:

Data collection inventory matrix, field review notes, and photos

for two intersections.

Task 3

Utility Coordination

ADVANTEC will request locations for existing and proposed underground and overhead utilities for the two additional inters
ections. Utility notification and coordination will be required to ensure quality City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

4 design and help eliminate utility conflicts during construction. Utility notifications will be provided to the various utility owners within the sphere of each project inters ection; the notifications will be prepared
using the City’s letterhead.

Please note: ADVANTEC’s fees do not include fees or costs associated with the processing and collection of as
-
built plans or documentation from the utility companies. Typically, fees

are waived
when submitting utility requests using the City’s letterhead .

Deliverables:

Utility notification and coordination, utility letters, utility plans and utility coordination matrix

for two intersections.

Task
4 Environmental Documentation

Our s
ubconsultant, Dudek, will
update the
environmental documentation

including

modifying the work
at

five intersections and adding two intersections.

Dudek will use the existing conditions information, updated project description, and photos provided by
ADVANTEC. This information will be used to update the PES form including attachments required for the City and Caltrans submittals, review and approval.

Deliverables:

Update the PES form including attachments required for the City and Caltrans

submittals review and approvals

for two intersections

Task
5 Final Plans

ADVANTEC will modify five traffic signal modification plans that we prepared to reflect improvements by others.

ADVANTEC will prepare two additional
traffic signal modification plans
and incorporate into the
project plan set.

The plans will include all
b
ase mapping, as
-
built information and utilities, and all
existing and proposed
dilemma zone improvements, traffic signal poles and equipment, communication infrastructure, advanced dilemma zone detection,

pole schedules, conductor schedules,

construction n
otes, and any
details necessary to facilitate the installation and construction of the project improvements.

The
traffic
signal modification
plans will be prepared at 1” =20’ scale in AutoCAD in accordance with the latest State, County, and City Standard
s. The design will conform to the latest State of California Department of Transportation (Caltrans) Standard Plans and Specifications and the California MUTCD.

Deliverables:

Modify the current plans set, updated five sheets, and add two traffic signal modifications plans sheets.

Task 6

Technical Specifications

ADVANTEC will
updated

the project Technical Specifications and Bid Documents based on the project design plans and the associated improvements per the City of Cathedral City requirements and the

latest Caltrans Standard Plans and Specifications; California Manual on Uniform Traffic Control Devices (CA MUTCD), and the GREENBOOK. The technical specifications will include a project description, preparation of bid schedules, bid item descriptions, pa yment methods, special provisions, technical
specifications, and any specification detail sheets or standard plans.

The project Technical Specifications
will be prepared and signed by a registered Civil Engineer in the State of California.

City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

5 Deliverables:

U
pdate
Technical Specifications
.

Task 7
Construction Quantities and Engineer’s Estimate

ADVANTEC will
updated and
prepare construction quantity take
-
offs and construction cost estimates for
the
updated

traffic signal
imp
rovements

at five intersections, and adding two intersections. The

unit
costs will be based on current cost data and historical cost data associated with the identified bid items.

Preliminary and final quantities and construction cost estimates will be provided to the City.

Deliverables:

Updated Construction Quantities and Engineer’s Estimates .

Task
8 Environmental Technical Studies
-

APE Map/ASR/HPSR (Optional)

Our subconsultant, Dudek, will
provide additional environmental technical studies as an option due to additional
two intersections.

The
following cultural resources scope of work is designed to obtain the necessary project approvals in

consideration of effects to historic properties under Section 106 of the National Historic Preservation Act (NHPA).

All

cultural resources documentation will be completed in conformance with Caltrans requirements, as detailed in

the most current version of Volume 2 (Cultural Resources) of the Caltrans Standard Environmental Reference (SER)
.

Area of Potential Effects Map

In consideration of the finalized project description/project plans, Dudek will work closely with the City and Caltrans to develop the project’s cultural resources area of potential effect (APE) map. The APE will encompass all geographic areas in which the

proposed undertaking has the potential to directly or
indirectly affect the character or use of historic properties (36 CFR 800.16(d)). In addition to areas where construction activities are expected to occur, the APE map will consider construction stagin g areas,
temporary construction easements, utility relocation, and any other activity that has the potential to affect historic properties. The APE map will be plotted on an aerial background and will include the appropriate signature boxes for both Caltra
ns and local agency representatives. We assume a
discontiguous APE to cover up to 15 intersections proposed for improvement. This scope of work assumes a focus on archaeological resources. Therefore, the APE will only include a direct APE which will encomp
ass the area of archaeological study where ground disturbance is expected to occur and will include any resources that will be directly affected by proposed project activities.

Records Search

Upon completion of the APE map, Dudek will initiate a Californi a Historical Resource Information System
(CHRIS) records search of the project APE and a one
-
mile radius from each intersection at the Eastern
Information Center (EIC), which houses cultural resource records for Riverside County. The purpose of the records

search is to identify any previously recorded historic properties that may be located within or around the project APE. In addition to a review of previously prepared site records and reports, the records search will also review historical maps of the pro ject area, ethnographies, the National Register
of Historic Places (NRHP), the California Register of Historical Places (CRHR), the Built Environment Resource Directory (BERD), the California Historic Property Data File, and the lists of California State H
istorical Landmarks, California Points of Historical Interest, and Archaeological Determinations of Eligibility. Please note that the EIC searches are currently taking up to 5 -
months to return results. In
City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

6 order to account for this, Dudek will plan to revie
w information provided through previous project
searches (as available) and proceed with the inventory process ahead of receiving these results. The report would be updated, once the project specific EIC results are received. In addition, and assuming this

approach to be acceptable by the reviewing agencies, it is understood that the Agua Caliente band of Cahuilla Indians maintains a current database of known cultural resources for the area. Early coordination with this tribe may allow them to share informa tion they have on hand to better inform
the inventory efforts up
-
front. It is anticipated that coordination with the tribe would be initiated by Dudek once the APE map has been approved by the reviewing agencies.

Native American Coordination

Upon specific

approval, Dudek will assist the City and Caltrans in their Native American consultation obligations by initiating contact with the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File. The NAHC will determine if an y Native American sacred lands on file
are located within or adjacent to the project APE. In addition, the NAHC will provide a list of Native American contacts for the project who should be contacted for additional information. If instructed to do so by th
e federal lead agency (Caltrans), Dudek will prepare and mail a letter to each of the NAHC -
listed contacts, requesting that they contact us if they know of any Native American cultural resources within or immediately adjacent to the project area. Two weeks

after the letters have been mailed,
Dudek will make follow
-
up phone calls to each NAHC
-
listed contact to demonstrate that good faith
follow
-
up efforts have been made.

Cultural Resources Survey

Upon receipt of the records search results, Dudek will conduc t an intensive pedestrian survey of the
project APE for historic properties (including both prehistoric and historic archaeological resources). An intensive pedestrian survey will be completed for all accessible portions of the APE utilizing transects spac
ed no more than 10 meters apart, as possible based on present conditions in the APE. Identified resources will be mapped using iPad technology with ESRI Collector software and a Trimble GeoXt GPS unit with sub
-
meter accuracy. No artifacts, samples, or spec
imens will be collected during the survey.

The survey will be conducted by one (1) qualified archaeologist, working no more than two (2) days to complete. Please note that the present scope does not account for a Native American monitor to be present. Shou
ld this be required, it is animated that the tribe would want to contract directly with the City, although Dudek is happy to assist with facilitating the processes. We assume the survey will be negative for both archaeological and historic built environmen t resources.

Archaeological Survey Report (ASR)

Dudek will prepare an ASR to demonstrate that a reasonable level of effort has been made to identify archaeological resources within the project APE. Dudek assumes the no previously recorded archaeological r
esources will be identified as a result of the records search requiring updates, nor will any new archaeological resources be identified as a result of the intensive -
level survey or Native
American coordination. No more than two (2) drafts of this report a re anticipated. The present scope
does not include documentation or evaluation efforts for built environment resources because it is assumed that no such resources would fall within the APE. If such efforts were required, an updated scope and budget would
be prepared for city review and approval.

Historic Properties Survey Report (HPSR)

Upon completion of the ASR, Dudek will prepare an HPSR to serve as the overarching summary City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

7 document for all Section 106 compliance efforts. The APE map, ASR, and all applic able attachments will
be appended to the HPSR. No more than two (2) drafts of this document are anticipated.

Deliverables

(Optional)
:



Electronic version of the draft and updated PES Form, narrative, and figures



One (1) hard copy of the updated PES From,
narrative and figures to Caltrans, once approved.



Completion of the paperwork for a CEQA NOE with findings to be filed with the County Clerk and State

Clearinghouse



Electronic copy of Draft and Final version of the APE Map/ASR/HPSR to City



Hard copy of Fin
al version of APE Map/ASR/HPSR to Caltrans

SCHEDULE

Following our notice to proceed, ADVANTEC will begin services immedia tely.

EXCLUSIONS

Consulting services relating to any of the following tasks may be completed by ADVANTEC if negotiated under a
separate contract for an additional fee; but are presently excluded from this Agreement:



Additional
conference calls



Additional
meetings

on site



Collecting T
raffic
C
ounts

(AADT or Peak Hour Turning Movement)



Over 3 submittals



Additional
reports

EXHIBIT “B”
Schedule of Charges

A detailed breakdown of the not to exceed fee amount is included in the attached proposal dated January 18, 2022.

The contract summary is as follows:

Current Contract Amount: $216,110.48
Proposed Contract Amendment No. 1: $26,458.00
Optional Task in Proposed Contract Amendment $15,779.00

Total Proposed Amended Contract Amount: $258,347.48

City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

8 EXHIBIT B

SCOPE OF SERVICES for
ADDENDUM NO. 1

FEE SCHEDULE

Compensation for our personnel directly engaged for the additional work outlined in Exhibit A

will be
billed
per the fee schedule provided below
.

As shown, c
ompensation for our
personnel directly engaged for the additional

work

outlined in
Exhibit A

will be for

$
18 ,
919

(ADVANTEC)

and
$7,539
(D
udek
)
for a total of

$26,458
.

Consequently, the original
budget for
the HSIP
i
mprovements

project is
$216,110,
and with the
addition of Addendum No. 1
,

will
be increased to the new total of
$
242,568
.

We will not exceed the budgeted amount without your
written authorization.

Dudek
TOTAL
ACE
TOTAL
COST
Task
Description
Carlos
Ortiz
John
Dorado
Jonathan
Delgado
Bryan
Elenes
Frank
Gomez
Madeleine
Ortiz
Billable Rates
$333.17
$213.21
$109.29
$106.60
$106.60
$99.95
1 Project
Management,
Coordination, and
Meetings
6 $1,279
$1,279
2 Field Work and
Data Collection
8 8
$161
$1,652
$1,813
3 Utility
Coordination
4 $400
$400
4 Environmental
4 $7,539
$7,539
$437
$7,976
5 Final Plans
6 8
44 44
16 $150
$13,134
$13,284
6 Technical
Specifications
2 4
$853
$853
7 Final Estimate of
Quantities and
Costs
2 2
2 6
$853
$853
Total Hours
16 12
50 54
28 160
Sub-Total Labor Cost
-
$

3,411
$

1,311
$

5,330
$

5,757
$

2,799
$

$7,539
$7,539
$311
$18,919
$26,458
TOTAL FEE (Not-To-Exceed)
$26,458
OPTIONAL SERVICES - HSIP Traffic Signal Improvements (HSIP Cycle 9) – City Project No. CO8752 - Addenum No. 1 8 Technical Studies:

APE
Map/ASR/HPSR
2 4
$14,915
$14,915
6 $864
$15,779

TOTAL WITH OPTIONAL SERVICES
Total Hours
(With Option)
18 16
50 54
28 166
Total Fee
(With Option)
-
$

3,838
$

192
$

5,330
$

5,757
$

2,799
$

$22,454
$22,454
$311
$19,783
$42,236
Note:

Other Direct Costs includes mileage and printing fees per task, as shown.

Project
Manager
Project
Director
Sub-Consultants
Assistant
Engineer
Assistant
Engineer
Assistant
Engineer
Assistant
Engineer
Other
Direct
Costs
Total Hours

TOTAL COST
City Project: CO8752; HSIP Cycle 9 Project

Addendum No. 1

City of
Cathedral City

January 18, 2022

9 If

the o
p
tional ser
vices are
requ
ired,

will be
an
additional

$
864

(ADVANTEC)

and
$
14,91
5 (D
udek
)
for
a total of

$
15,779
.

Consequently, the original budget for
the HSIP
i
mprovements

project is
$216,110,
and with the
addition of Addendum No. 1
,

will be increased to the new total of
$
2 58,347
.

We will not
exceed the budgeted amount without your written authorization.

Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Prime Consultant
Subconsultant
2nd Tier Subconsultant
Consultant
Project No.

HSIPL-5430(034)
Contract No.

CO8752 (Addendum No.1)
Date
01/18/2022

DIRECT LABOR
hours
Total
$0.00
18 $1,384.56
$0.00
$0.00
$0.00
$0.00
54 $2,076.84
50 $1,923.00
28 $1,009.68
16 $630.88
$0.00
$0.00
$0.00
$0.00
$0.00

LABOR COSTS
a) Subtotal Direct Labor Costs
$7,024.96
b) Anticipated Salary Increases (see page 2 for calculation) $0.00
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
$7,024.96

INDIRECT COSTS
d) Fringe Benefits
(Rate:

55.78%
)
e) Total Fringe Benefits [(c) x (d)]
$3,918.52
f) Overhead & G&A
(Rate:

96.20%
)
g) Overhead [(c) x (f)]
$6,758.01
(Rate:

0.00%
)
i) Gen & Admin [(c) x (h)]
$0.00
j)
Total Indirect Costs
[(e) + (g)
+ (i)]
$10,676.54

FIXED FEE
k)

TOTAL FIXED PROFIT

[(c) + (j)] x fixed fee

10.00%
]
$1,770.15
l)
CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add adiditonal pages if necessary) Unit
Total
miles
$161.00
ea
$150.00
$0.00
$0.00
$0.00
l)

TOTAL OTHER DIRECT COSTS
$311.00
m)
SUBCONSULTANTS' COSTS (Add additional pages if necessary) $7,538.69
$14,914.95
m)

TOTAL SUBCONSULTANTS' COSTS
$22,453.64
n)

TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS
[(l) + (m)]
$22,764.64

TOTAL COST
[(c) + (j) + (k) + (n)]
$42,236.29
NOTES:

3. Anticipated salary increases calculation (page 2) must accompany.

Page 1 of 9 ends

$46.64
$31.00
$38.46
$38.46
$36.06
$39.43
$31.25
$76.92
$101.93
$72.12
$51.75
$44.72
Joseantonio Hernandez
Robert Steaffens
David DeClue
Associate Engineer
Associate Engineer
ADVANTEC Consulting Engineers, Inc.

EXHIBIT 10-H1 COST PROPOSAL
PAGE 1 OF 3

ACTUAL COST-PLUS-FIXED FEE
OR

LUMP SUM
(FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Classification/Title
Actual Hourly Rate
Name

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. h) General and Administrative (Rate:

Quantity
10 Unit Cost
$15.00
$0.575
Description
Printing
Project Director
Mileage Costs
Associate Engineer
Associate Engineer
Associate Engineer
Project Manager
QA/QC Manager
Senior Traffic Engineer
Systems Engineer
Associate Engineer
Associate Engineer
Associate Engineer
John Dorado
$120.20
$31.25
Ryan Miller
Associate Engineer
$43.27
Associate Engineer
Carlos Ortiz
Nicholas Park
Keith Rand
Jose Guedes
John Cox
Enrique Biche
Frank Gomez
Bryan Elenes
Madeleine Ortiz
Jonathan Delgado
Subconsultant 2: Dudek (Optional Services)
Subconsultant 1: Dudek
Subconsultant 3:

Subconsultant 4:
280
LPP 17-01
January 2018
Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal
per Cost
Proposal
5 Year Contract Duration
$7,024.96
=
Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1
$42.32
+
=
Year 2 Avg Hourly Rate
Year 2
$42.32
+
=
Year 3 Avg Hourly Rate
Year 3
$42.32
+
=
Year 4 Avg Hourly Rate
Year 4
$42.32
+
=
Year 5 Avg Hourly Rate
Estimated %
Completed Each Year
Year 1

20.00%
*
=
Estimated Hours Year 1
Year 2

20.00%
*
=
Estimated Hours Year 2
Year 3

20.00%
*
=
Estimated Hours Year 3
Year 4

20.00%
*
=
Estimated Hours Year 4
Year 5

20.00%
*
=
Estimated Hours Year 5
Total
100%

=
Avg Hourly Rate
(calculated above)
Year 1
$42.32
*
=
Estimated Hours Year 1
Year 2
$42.32
*
=
Estimated Hours Year 2
Year 3
$42.32
*
=
Estimated Hours Year 3
Year 4
$42.32
*
=
Estimated Hours Year 4
Year 5
$42.32
*
=
Estimated Hours Year 5

=
Transfer to Page 1
NOTES:

1. 2.

3. 4.

Page 2 of 9 ends

EXHIBIT 10-H1 COST PROPOSAL
PAGE 2 OF 3

ACTUAL COST-PLUS-FIXED FEE
OR

LUMP SUM
(FIRM FIXED PRICE) CONTRACTS
(DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Total Hours per Cost Proposal
Avg Hourly Rate
166

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) $42.32
$42.32
$42.32
$42.32
$42.32
Proposed Escalation
0%
0%
0%
0%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Cost Proposal
Total Hours
per Year
166.00
166.00
166.00
166.00
166.00
166.00
Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
33 33
33 33
33 Total Direct Labor Cost with Escalation

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated hours
(calculated above)
Total

33.20 33.20

33.20 This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Calculations for anticipated salary escalation must be provided.

Cost per Year
$1,404.99
$1,404.99
$1,404.99
$1,404.99
$1,404.99
$7,024.96
$7,024.96
$0.00
LPP 17-01
January 2018
Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

1. Generally Accepted Accounting Principles (GAAP)
CO87
52 (Adde
ndum
No.1)

2. Terms and conditions on the contract

3. Title 23 United States Code Section 112 - Letter of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 6.
48 Code of Federal Regulartions Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Subconsultant Certifying:

Name:

Carlos Ortiz
Title *:

Chief Operative Officer
Date of Certification (mm/dd/yyyy):
1/18/2022
Email:
[email protected]
Phone Number:
949-861-4999
73710 Fred Waring Drive, Suite 120, Palm Desert, CA 92260 List services the consultant is providing under the proposed contract:

EXHIBIT 10-H1 COST PROPOSAL
PAGE 3 OF 3
Signature:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this conract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
23 Code of Federal Regulartions Part 172 - Procurement, Management, and Administration of Engineering and Desgin Related Service
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Address:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Traffic Engineering
LPP 17-01
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Consultant
Project No. Contract No. Date 1.7.2021

DIRECT LABOR
hours Actual Hourly Rate Total
10 $93.23 $932.31
18 $39.35 $708.35
14 $25.00 $350.00
10 $67.32 $673.17
15 $43.27 $649.04
15 $45.23 $678.48
24 $47.86 $1,148.72
40 $27.00 $1,080.00
8 $40.11 $320.87
8 $27.81 $222.48

LABOR COSTS
a) Subtotal Direct Labor Costs $6,763.43
b) Anticipated Salary Increases (see page 2 for sample) - $ c) TOTAL DIRECT LABOR COSTS [(a) + (b)]$6,763.43

INDIRECT COSTS
d) Fringe Benefits (Rate: 70.95% ) e) Total Fringe Benefits 4,798.65$ f) Overhead (Rate: 92.02% g) Overhead [(c)x(f)] 6,223.70 $ h) General and Administrative (Rate: 0.00%) i) Gen & Admin [(c) x (h)] 0 j) Total Indirect Costs [(e) + (g) + (i)] 11,022.35$
FIXED FEE k) TOTAL FIXED PROFIT [(c) + (j)] x fixed fee 15% 2,667.87 $ 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary Description of Item Quantity Unit(s) Unit Cost Total
Mileage Costs 257 mile 0.545$ 140.07$ Cultural Record Search 1 record search 1,859.93$ 1,859.93$ -$
-$
-$
1) TOTAL OTHER DIRECT COSTS 2,000.00$
Analyst I Madison Brown
Senior Specialist I Adam Giacinto
GIS Analyst IV Spenser Lucarelli
Technician I Javier Hernandez
Technical Editor lll Amy Seals
EXHIBIT 10-H1 COST PROPOSAL PAGE 1 OF 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Dudek
Classification/Title Name
Note: Mark-ups are Not Allowed Prime Consultant * Subconsultant 2nd Tier Subconsultant Project Director/Environmental Jason Reynolds
Specialist IV Andrew Talbert
Linda Kry
Publications Specialist ll Rachel Dobrolenski
Specialist II Angela Pham
Specialist I
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1: -$ Subconsultant 2: -$ Subconsultant 3: -$ Subconsultant 4: - $
m) TOTAL SUBCONSULTANTS' COSTS: -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS2,000.00$ TOTAL COST [(c) + (j) + (k) + (p)] 22,453.64$
NOTES:
1 Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).

All costs must comply with the Federal cost principals. Subconsultants will provide their own cost proposals. 2 The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 3 Anticipated salary increases calculation (page 2) must accompany.

January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
$6,763.43 = $ 41.75 Year 1 Avg Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Year 1 $41.75 + = $ 43.00 Year 2 Avg Hourly Rate Year 2 $43.00 + = $ 44.29 Year 3 Avg Hourly Rate Year 3 $44.29 + = $ 45.62 Year 4 Avg Hourly Rate Year 4 $45.62 + = $ 46.99 Year 5 Avg Hourly Rate Total Hours
per Year
Year 1 100.00% * = 162.0 Estimated Hours Year 1
Year 2 0.00% * = 0.0 Estimated Hours Year 2
Year 3 0.00% * = 0.0 Estimated Hours Year 3
Year 4 0.00% * = 0.0 Estimated Hours Year 4
Year 5 0.00% * = 0.0 Estimated Hours Year 5
Total 100% = 162.0
Year 1 $ 41.75 * = $ 6,763.43 Estimated Hours Year 1 Year 2 $ 43.00 * = $ - Estimated Hours Year 2 Year 3 $ 44.29 * = $ - Estimated Hours Year 3 = $ 6,763.43
= $ 6,763.43
= $ - Transfer to Page 1
NOTES:

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

Calculations for anticipated salary escalation must be approved.

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) EXHIBIT 10-H1 COST PROPOSAL PAGE 2 OF 2

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS Estimated total of Direct Labor Salary Increase
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before Escalation

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 162.0
Total
0 (calculated above)
Avg Hourly Rate
(calculated above)
162
0 Estimated hours
162.0
162.0
Cost per Year
Estimated %
(CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
3%
Direct Labor Subtotal
per Cost Proposal per Cost Proposal
Total Hours
162
Proposed Escalation
3%
162.0
162.0
Total Hours
per Cost ProposalCompleted Each Year
3%
3%
January 2018
Local Assistance Procedures Manual Exhibit 10-H1
Cost Proposal
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principals (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contract

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principals and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services

6. 48 Code of Federal Regulations Part 9904 - Cost Accouting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Prime Consultant or Subconsultant Certifying:

Name: Title:

Signature: Date of Certification (mm/dd/yyyy):

Email: Phone Number:

Address:
than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List of services the consultant is providing under the proposed contract:

Christine Moore
[email protected]
605 3rd Street, Encinitas, CA 92024
CFO
760.479.4873
January 2018

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
11/11/2021
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
The Certificate Team
[email protected]
License#: 6003745
Continental Casualty Company
20443
ADVACON-05
QBE Insurance Corporation
39217
Advantec Consulting Engineers, Inc.
949-861-4999
1200 Roosevelt
Irvine
Valley Forge Insurance Company
20508
715327731
C
X
2,000,000
X
1,000,000
X
Contractual Liab
10,000
2,000,000
4,000,000
X
Y
Y
6025396574
11/12/2021
11/12/2022
4,000,000
C
1,000,000
X
X
X
NoOwned Auto
Y
Y
6025396574
11/12/2021
11/12/2022
A
X
X
1,000,000
Y
6025396588
11/12/2021
Y
11/12/2022
1,000,000
X
10,000
B
C
Professional Liability
Office Pollution Liability
ANE6125100
6025396574
5/13/2021
11/12/2021
5/13/2022
11/12/2022
Per Claim/2,000,000
Per Claim/$2,000,000
4,000,000/Agg lmt
4,000,000/Agg Lmt
Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella Policy is follow-form to its underlying Policies: GL/AUTO Liability. AM Best Ratings on all policies above: A/XII or greater.

RE: TS Upgrades at ten (10) Intersections throughout the City of Cathedral City, Federal #HSIPL-5430(034), City #8752 -- The City of Cathedral City, its respective elected officials, officers, employees, agents and representatives are named as an additional insured as respects general & auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Professional Liability policy has a deductible which is: $25,000.

CANCELLATION/CHANGE: 30 day notice will be sent to the certificate holder. 30 Day Notice applies
City of Cathedral City
Attn: City Mgr
68-700 Avenida Lalo Guerrero
Cathedral City CA 92234

SB146968C
(Ed. 10-19)
IMPORTANT:THIS ENDORSEMENTCONTAINSDUTIESTHAT APPLY TO THE ADDITIONAL INSUREDIN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENTFOR THESE DUTIES.

BLANKETADDITIONALINSUREDENDORSEMENT

WITH PRODUCTS-COMPLETEDOPERATIONSCOVERAGEAND

BLANKETWAIVEROF SUBROGATION
Architects,Engineersand Surveyors
This endorsementmodifiesinsuranceprovidedunderthe following:

BUSINESSOWNERSLIABILITYCOVERAGEFORM

BUSINESSOWNERSCOMMONPOLICYCONDITIONS
A. WhoIs An Insuredis amendedto include asan insuredany personor organizationwhom you are requiredto add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreementmust be:

1. Crrentlyin effect or becomingeffectiveduringthe term of this policy;and

2. Executedprior to the:
a. "Bodilyinjury" or "propertydamage"; or
b. Offensethat causedthe "personaland advertisinginjury"; for which the additionalinsuredseeks coverage
B. The insuranceprovidedto theadditionalinsuredis limitedas follows:

1. The person or organizationis an additional insured only with respect to liability for "bodily injury," "property damage" or "personaland advertisinginjury" causedin whole or in part by:
a. Your acts or omissions;or
b. The acts or omissionsof those actingon your behalf,
in the performanceof your ongoingoperationsspecifiedin the writtencontractor writtenagreement;or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "propertydamage" includedin the "products-completedoperationshazard," and only if:
(1) The written contract or written agreementrequires you to provide the additional insured such coverage; and
(2) This CoveragePart providessuch coverage.

2. The Limits of Insuranceapplicableto the additionalinsured are those specified in the written contract or written agreementor in the Declarationsof this policy, whicheveris less. These Limits of Insuranceare inclusive of, and not in additionto, the Limits of Insuranceshownin the Declarations.

3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personaland advertisinginjury" arising out of anarchitect's,engineer's,or surveyor'srenderingof or failure to renderany professionalservicesincluding:
a. The preparing,approving,or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specificationsby any architect,engineeror surveyor performing serviceson a projectof which you serve as constructionmanager;or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as constructionmanager.

4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a constructionor demolitioncontractor.

SB146968C(Ed. 10-19) Page1 of 3
Copyright,CNA All Rights Reserved.
40020007460253965749256
POLICY #
6025396574
SB146968C
(Ed. 10-19)
C. Under BusinessownersLiabilityConditions, the condition entitled Duties In The Event of Occurrence,Offense, Claimor Suit is amendedto add the following:

An additionalinsuredunderthis endorsementwill as soon as practicable:

1. Give writtennoticeof an occurrenceor an offenseto us which may result in a claim or "suit" underthis insurance;

2. Tenderthe defenseand indemnityof any claim or "suit" to us for a loss we cover underthis CoveragePart;

3. Exceptas providedfor in paragraphD.2. below:
a. Tenderthe defenseand indemnityof any claim or "suit" to any other insurer which also has insurancefor a loss we cover underthis CoveragePart; and
b. Agree to make availableany other insurancewhich the additionalinsured has for a loss we cover under this CoveragePart.

We have no duty to defend or indemnifyan additionalinsured under this endorsementuntil we receive written notice of a claim or "suit" from the additionalinsured.

D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERSCOMMONPOLICYCONDITIONSis amendedto delete paragraphs2. and 3. and replacethem with the following:

2. This insuranceis excess over any other insurance available to the additional insured, whether primary, excess, contingentor on any other basis, But if requiredby the writtencontractor written agreement,this insurancewill be primaryand noncontributoryrelativeto insuranceon which the additionalinsuredis a NamedInsured.

3. When this insuranceis excess,we will have no duty under BusinessLiabilityinsuranceto defend the additional insuredagainstany "suit" if any other insurer has a duty to defend the additionalinsured against that "suit" If no other insurer defends,we will undertaketo do so, but we will be entitled to the additionalinsured's rights against all those other insurers.

When this insuranceis excess over other insurance,we will pay only our share of the amountof the loss, if any, that exceedsthe sum of:
(a) The total amountthat all such other insurancewould pay for the loss in the absenceof this insurance;and (b) The total of all deductibleand self-insuredamountsunderall that other insurance.

We will share the remainingloss, if any, with any other insurancethat is not describedin this Excess Insurance provisionand was not bought specificallyto apply in excess of the Limits of Insuranceshown in the Declarations of this CoveragePart.

E. AdditionalInsured– ExtendedCoverage
When an additional insured is added by this or any other endorsementattached to this Coverage Part, the section entitledWhoIs An Insuredis amendedto make the followingnaturalpersonsinsureds:

If the additionalinsuredis:

1. An individual,then his or her spouseis an insured;

2. A partnershipor joint venture,then its partners,membersand their spousesare insureds;

3. A limitedliabilitycompany,then its membersand managersare insureds;

4. An organizationother than a partnership, joint venture or limited liability company, then its executive officers, directorsand shareholdersare insureds;or

5. Any type of entity,then its employeesare insureds;
but only with respectto locationsand operationscoveredby the additionalinsuredendorsement'sprovisions,and only with respectto their respectiveroles within their organizations. Furthermore,employeesof additionalinsuredsare not insuredswith respectto liabilityarisingout of:
(1) "Bodily injury" or "personaland advertisinginjury" to any fellow employee or to any natural person listed in paragraphs1. through4. above;
SB146968C(Ed. 10-19) Page2 of 3
Copyright,CNA All Rights Reserved.

SB146968C
(Ed. 10-19)
(2) "Propertydamage" to propertyowned,occupiedor used by their employeror by any fellow employee;or (3) Providingor failing to provideprofessionalhealthcare services.

F. The conditionentitledTransferof Rightsof RecoveryAgainstOthersto Us of the BUSINESSOWNERSCOMMON POLICYCONDITIONSis amendedto deletedparagraph2. and replaceit with the following:

2. We waive any right of recoverywe may have against any person or organizationwith whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organizationand includedwithin the "products-completedoperationshazard." All other termsand conditionsof the Policyremainunchanged.

CNA80103XX
(09-14)
THIS ENDORSEMENTCHANGESTHE POLICY. PLEASEREAD IT CAREFULLY.

PRIMARYAND NONCONTRIBUTORY-

OTHER INSURANCECONDITION
This endorsementmodifiesinsuranceprovidedunderthe following:

BUSINESSOWNERSCOMMONPOLICYCONDITIONS
The followingis added toParagraphH. Other Insuranceand supersedesany provisionto thecontrary:

PrimaryAnd NoncontributoryInsurance
This insuranceis primaryto and will not seek contributionfrom any other insuranceavailableto an additionalinsured underyour policy providedthat:

1. The additionalinsuredis a NamedInsuredundersuch other insurance;and

2. You have agreed in writing in a contract or agreementthat this insurancewould be primary and would not seek contributionfrom any other insuranceavailableto theadditionalinsured.

All other termsand conditionsof thePolicyremainunchanged.

CNA80103XX(09-14)
Page1 of 1
Copyright,CNA All Rights Reserved.Includes copyrightedmaterialof Insurance ServicesOffice, Inc., with its permission Policy #
6025396574
SB146902G
(Ed. 6-16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

BUSINESSOWNERS COMMON POLICY CONDITIONS

SCHEDULE
Insurance is provided only with respect to those coverages for which a specific limit is shown:

COVERAGE LIMIT
Hired Auto Liability: $
Non-owned Auto Liability: $
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

PROVISIONS
A. COVERAGE
With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or "property damage" arising out of the maintenance or use of a:
• "Hired auto" used by you or your "employee" in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an "auto business."
With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to:

1. Delete paragraph A.1.b.(1)(b) and replace it with the following:
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(b) The "occurrence" occurs during the policy period; and

2. Delete paragraph A.1.b.(2),.

B. LIMITS OF INSURANCE
With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance is deleted in its entirety and replaced with the following:

D. Limits Of Insurance

1. Regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought;
c. Persons or organizations making claims or bringing "suits"; or d. "Autos,"
the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury" and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned auto."
SB146902G (Ed. 6-16)

Page 1 ends

1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d., e., f. and i. and to add the followingexclusions:

This insurance does not apply to:
• Fellow Employee
"Bodily injury" to:
(1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph (1) above.
• Care, Custody or Control
"Property Damage" to:
(1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or control of the insured.

D. WHO IS AN INSURED
With respect only to the insurance provided by this endorsement, Who Is An Insured is replaced by the following:

Each of the following is an insured under this insurance to the extent set forth below:

1. You;

2. Subject to paragraph 3.c. below, your "employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business.

3. Anyone else including any partner or "executive officer" of yours while using with your permission a "hired auto" or a "non-owned auto" except:
a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "non-owned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with respect to any "auto" owned by such partner or officer or a member of his or her household;
e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an "auto business" you operate;
g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a "hired auto" or a "non-owned auto"; or

4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2. or 3. above.

E. AMENDED DEFINITION
The Definitionof "insured contract" in Section F – Definitions is amended by the addition of the following exceptions to paragraph f.:

SB146902G (Ed. 6-16)

Page 2 ends

SB146902G
(Ed. 6-16)
Paragraph f. does not include that part of any contract or agreement:
• That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or
• That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority.

F. ADDITIONAL DEFINITIONS
Section F. Definitions isamended by the addition of the following definitions:
a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking "autos." b. "Hired auto" means any "auto" you or your "employee" lease, hire, rent or borrow in the course of your business.

This does not include:
i. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any "auto" you lease, hire, rent or borrow from any of your "employees," partners, stockholders, or members of their households.
c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the "occurrence."
If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the "occurrence." G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following:

H. Other Insurance

1. Except for any liability assumed under an "insured contract" the insurance provided by this Coverage Form is excess over any other collectibleinsurance.

However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee."

2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis.

All other terms and conditions of the Policy remain unchanged.

SB146902G (Ed. 6-16)

Page 3 ends

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01A (ED 12-93)

CALIFORNIA CANCELATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information Page.

The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions:

Cancelatlon

1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect.

2. We may cancel this policy for one or more of the following reasons:
a. Non-payment of premium;
b. Failure to report payroll;
c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us;
e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation;
I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties.

3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (I), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided.

4. The policy period will end on the day and hour stated in the cancelation notice.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy Number: Endorsement Number:

Insured:

Insurance Company: Premium: $
Countersigned by
WC 04 06 01A (ED 12-93)
Copyright 1993 National Council on Compensation Insurance 91-5316 4-97 E5316101 PAGE 1 OF 1

BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) The additional premium for this endorsement shall be _____% of the California workers compensation premium otherwise due on such remuneration, subject to a minimum charge of ________.

All written contracts in the state(s) of:

Insured
Countersigned By
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 31 (Ed. 6-20)
WC 99 06 31
(Ed. 6-20)
Includes copyright material of the Workers Compensation Insurance Rating Bureau of California. All rights reserved.

Insurance Company
Insurance Company

3.0 $250
CA
A0947-54-20
11/12/21
ADVANTEC CONSULTING ENGINEERS, INC.
(A CORP)
1200 ROOSEVELT
IRVINE CA 926203667

MID-CENTURY INSURANCE COMPANY

Cathedral City City CouncilFebruary 23, 2022

Cathedral City City Council
February 23, 2022