STC Traffic Inc_- PSA BLANK — Cathedral City City Council, February 23, 2022

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AGREEMENT FOR

PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
STC TRAFFIC INC.

This Agreement for Professional Services (“Agreement”) is entered into as of February XX , 2022 (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and STC Traffic I nc., a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Proposals, the performance of Construction Management services for the HSIP Cycle 10 HAWK Crossing at Ramon Road and Avenida La Paloma Project in the City of Cathedral City , Federal Project Number HSIPL-5430(037), City Project Number 8753, defined and described particularly in Section 2 of this Agreement.

B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Consultant was selected by the City on the basis of Consultant ’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.
(a) Subject to the provisions of Section 28 "Termination of Agreement" of this Agreement, the Agreement shall go into effect on the Effective Date, and Consultant shall - 2 -

commence work after notification to proceed by the City Contract Administration. The agreement shall terminate on December 30, 2027 , unless extended by contract amendment.
(b) Consultant is advised that any recommendation for award is not binding on City until the Agreement is fully executed and approved by City.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A”. Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writ ing in accordance with Section 3 5 “Administration and Implementation” or Section 37 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. 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 Vehicle Code §591, 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 requir ements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. C onsultant 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) CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §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 (5) feet or deeper. - 3 -

SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project.

In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City.

Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by the City.
(b) Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant . If Consultant fails to submit the required deliverable items according to the schedule, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 28 "Termination of Agreement".
(c) Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. (d) Consultant will be reimbursed within thirty (30) days upon receipt by City Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this project number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 11 “Equipment Purchase”. The final invoice must be submitted within sixty (60) calendar days after completion of Consultant’s work unless a later date is approved by the City. Invoices shall be mailed to the City in accordance with Section 33 “Notices”. (e) The total amount payable by City shall not exceed $58,627.87.

SECTION 6. COST PRINICPLES AND ADMINISTRATIVE REQUIREMENTS. (a) The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. (b) The 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 the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City. - 4 -

(d) When a Consultant or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

SECTION 7. 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 la ter than thirty (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 i ts consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
(d) Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, and 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 fully 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 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 pursuant to Section 28 “Termination of Agreement” and disallowance of prior reimbursed costs. (e) Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.

The Cost Prop osal shall be adjusted by the Consultant and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement pursuant to Section 28 “Termination of Agreement” and disallowance of prior reimbursed costs. - 5 -

(i) During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
(iii) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. (iv) Consultant may su bmit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant , either as a prime or subconsultant, with the same fiscal period ICR.

SECTION 8. DISPUTES.
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Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. (a) Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer , who may consider written or verbal information submitted by Consultant.
(b) Not later than 30 days after completion of all work under the Agreement, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. (c) Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in acc ordance with the terms of this Agreement.

SECTION 9. SUBCONTRACTING.
(a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no sub-agreement shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.
(b) Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorizat ion in accordance with Section 3 5 “Administration and Implementation” of this Agreement, except that, which is expressly identified in the approved Cost Proposal.
(c) Any sub-agreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.
(d) Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. (e) Any substitution of subconsultant(s) must be approved in writing by C ity in accordance with Section 35 “Administration and Implementation” of this Agreement in advance of assigning work to a substitute Subconsultant.

SECTION 10. RETENTION OF FUNDS.
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(a) Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this section.
(b) No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Business and Professions Code §7108.5. This requirement 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 or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultant and subconsultants.

SECTION 11. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES. (a) Prior authorization in writing, by C ity in accordance with Section 3 5 “Administration and Implement ation” of this Agreement shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ( $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 the Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by C ity in accordance with Section 35 “Administration and Implementation” of this Agreement; 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:
(i) 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 five thousand dollars ( $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 Agreement, or if the Agreement is terminated pursuant to Section 28 “Termination of Agreement” of this Agreement, 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 pri vate 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.
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(ii) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

SECTION 12. INSPECTION AND FINAL ACCEPTANCE.

Consultant and any subconsultant shall permit 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 Term of Agreement including review and inspection on a daily basis. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusiv e as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant ’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 24 “Indemnification” and Section 25 “Insurance.” SECTION 13. OWNERSHIP OF DOCUMENTS.
(a) It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the sole property of City, and Consultant shall have no property right therein whatsoever. Immediately upon completion, expiration or termination, City shall be entitled to, and Consultant shall deliver to City, all original maps, models, designs, drawings, photographs, studies, surveys, reports , data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates , and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
(b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City, and may be used, reused or otherwise disposed of by City without the permission of the Consultant.
(c) Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, - 9 -

reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and war ranties in S ection 17 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, apprai sals, inventories, analyses, estimates, or other documents.
(d) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the City shall have the royalty- free nonexclusive and irrevocable r ight to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

SECTION 14. CONSULTANT'S BOOKS AND RECORDS.
(a) For the purpose of determining compliance with Gov. Code § 8546.7, Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. T he Consultant, Subconsultants, and City shall maintain any and all books, documents, papers, accounting records, Independent CPA Audi ted Indirect Cost Rate workpapers , ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement , including, but not limited to, the costs of administering the Agreement . Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.

All parties, including the Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices in this Agreement. The state, State Auditor, or City, shall have access to any books, records, and documents of the Consultant , Subconsultants, and the Consultant’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require - 10 -

that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 15. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agr eement on behalf of Consultant shall at all times be under Consultant ’s exclusive direction and control.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant ’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 16. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under t his Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other member s of Consultant ’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” t hat shall also be applicable to Consultants work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Consultant warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
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SECTION 17. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neit her City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 18. STATE PREVAILING WAGE RATES.
(a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. (b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer http://www.dot.ca.gov/hq/construc/LaborCompliance/documents/District- Region_Map_Construction_7-8-15.pdf.

These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
(c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov
.
(d) Payroll Records
(i) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each - 12 -

payroll record shall contain or be verified by a written decl aration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
(ii) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made avail able for inspection and copying by City representative’s at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
(1) A certified copy of an em ployee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
(2) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor S tandards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. (3) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any request s for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request.
(iii) Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity t hat requested the records within ten (10) calendar days after receipt of a written request.
(iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. (v) The Consultant shall inform City of the l ocation of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
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(vi) The Consultant or Subconsultant shall have ten (10) c alendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. (e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City.
(f) Penalty
(i) The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
(ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
(iii) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. (iv) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
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(1) The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (3) Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
(4) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. (v) Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. (vi) If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those em ployees the general prevailing rate of per diem wages if requested by City.
(g) Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815. (h) Employment of Apprentices
(i) Where either the prime Agreement or the sub- agreement exceeds thirty thousand dollars ($30,00 0), the Consultant and any subconsultants under him or - 15 -

her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
(ii) Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

SECTION 19. NONDISCRIMINATION AND STATEMENT OF COMPLIANCE. (a) The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
(b) During the performance of this Agreement , Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
(c) Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a -f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. - 16 -

(e) 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.
(f) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (g) The Consultant, with regard to the work performed under this Agreement , shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States 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.
(h) The Consultant shall comply with regulations relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

SECTION 20. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant ’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Consultant will, perform non - related services for o ther governmental agencies and private parties following the - 17 -

completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (e) During the term of this Agreement , the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The 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. (f) Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.
(g) The 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.
(h) The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement , has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

SECTION 21. REBATES, KICKBACKS, OR OTHER UNLAWFUL
CONSIDERATION.

The 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 this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

SECTION 22. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All financial, statistical, personal, technical, or other data and information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Consultant, its officers, empl oyees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City - 18 -

Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogator ies or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, e mployee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(e) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. (f) Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to 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.
(g) 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 City , and receipt of City’s written permission.
(h) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

SECTION 23. INDEMNIFICATION.
(a) Indemnification by Consultant . As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain - 19 -

to, or relate to the negligence, recklessness, or willful misconduct of the Con sultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Clai ms are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not appl y to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 24. INSURANCE.

Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 25. ASSIGNMENT.

The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted ass ignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 28 “Termination of Agreement.” Ci ty acknowledges, however, that Consultant , in the performance of its duties pursuant to this Agreement, may utilize subcontractors. - 20 -

SECTION 26. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant ’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. There shall be no change in Consultant’s Project Management or members of the project team, as listed in the approved Cost Proposal without prior written approval by City pursuant to Section 35 “Administration and Implementation” of this Agreement.

SECTION 27. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. (e) City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. (f) Notwithstanding any provisions of this Agreement , Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of t his Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.
(g) In the event of termination, Consultant shall be compensated as provided for in this Agreement, except as provided in Section 11 Equipment Purchase and Other Capital Expenditures Part C.
- 21 -

SECTION 28. DEFAULT.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the r easons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 28 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 29. EXCUSABLE DELAYS.

Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 30. CLAIMS FILED BY CITYS CONSTRUCTION CONTRACTOR. (a) If claims are filed by City’s construction contractor relati ng 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 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 City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement. (c) Services of Consultant ’s personnel in connection with City ’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

SECTION 31. COOPERATION BY CITY.
- 22 -

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 32. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: STC Traffic Inc.

Attn: Jason Stack, TE, PTOE
5973 Avenida Encincas, Suite 218
Carlsbad, CA 92008
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 33. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 34. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 37 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 35. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrat ors, successors and assigns of the Parties.

SECTION 36. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the - 23 -

authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been issued. There shall be no change in Consultant’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City.

SECTION 37. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 38. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 39. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 40. 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, 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 41. DEBARMENT AND SUSPENSION.
- 24 -

(a) The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:
(i) Is not cu rrently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (ii) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (iii) Does not have a proposed debarment pending; and
(iv) 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.
(b) Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. (c) Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by FHWA.

SECTION 42. 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 43. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prio r to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 44. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining - 25 -

provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 45. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY STC Traffic Inc.

__________________________ ___________________________
Charles P. McClendon By:_Christian Lambert
City Manager Its: Project Manager, Consultant
ATTEST:

Tracey R. Martinez
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE

REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S
BUSINESS ENTITY.
__________________________

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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

A-1
EXHIBIT "A"

SCOPE OF SERVICES

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 9

4.0 SCOPE OF WORK PROGRAM
This section summarizes STC’s and Nasland’s scope of work, technical approach, and key deliverables to provide the engineering services required by the City as detailed in the RFP. It includes the scope of work items presented in the RFP.

TASK 1. PROJECT MANAGEMENT
STC’s Project Manager, Mr. Lambarth, PE, TE, PTOE will coordinate the day -to-day activities for the duration of the project and serve as the primary point of contact. Following the Notice to Proceed, Mr.

Lambarth will schedule a project kick -off meeting with City staff and the project team to discuss the project objectives, schedule, scope, and City policies and procedures. Mr. Lambarth will coordinate progress meetings to discuss design development, staff comments on submittals, and acti on items. STC will prepare and email meeting agendas to City staff in advance of the meetings and email meeting minutes within five days after each meeting.

STC will submit a progress report with invoices to the City in an organized format and with sufficient detail and backup documentation to clearly identify personnel, hours worked, and tasks completed. STC will control all pro ject documents and provide deliverables and final files to the City in both hard -copy and electronic format. STC will maintain project files and data in an organized, logical fashion, and will be able to promptly retrieve and distribute project information to the City in the event of an audit or Public Records Act (PRA) request for information.

TASK 2. FIELD WORK, UTLITY COORDINATION, PRELIMINARY PLANS, OPTIMIZING LOCATION,

AND TOPOGRAPHIC SURVEY

2.1 AS-BUILT RESEARCH AND UTILITY COORDINATION
At the onset of the project, STC will submit a Request for Information (RFI) to obtain as -built plans and other available information from the City related to Ramon Road between Landau Boulevard and Whispering Palms Trail. STC will also coordinate with utility companies to obtain atlas sheets, mapping, as-built plans, and future planned utility facilities within the project limits. The obtained utility information will be reviewed to develop a design that avoids conflicting utilities. STC will contact each affected utility company to determine profiles of high hazard/high pressure facilities which may interfere with the proposed construction. The information will be used to produce a utility base map showing all known utility lines and will be incorporated in the preliminary and final design plans. STC will create and maintain a utility contact matrix detailing contacts, issues, dates, and other pertinent information. STC will share this information with the City as necessary.

Task 1. Deliverables
• Initial Schedule and
Schedule Updates

• Monthly Progress Reports

• Meeting Agendas and
Minutes

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 10 During the detailed design phase of the project, STC will coordinate with affected utility companies to conduct conflict reviews and will work with the City and Southern California Edison (SCE) to coordinate for location of the service point for the new traffic signal. STC will also assist in initiating the service request to obtain the SCE work order map and their requirements prior to the bid phase of the project.

2.2 FIELD MEETING AND FIELD WORK
The STC team and City P roject Manager, if available, will walk the project area and collect relevant information to aid in completing location optimization and preliminary plan development. During the field review, STC will evaluate the project area for co mpliance with minimum safety standards as provided in the CA -MUTCD, Americans with Disabilities Act (ADA), and City Standards. The project area will be observed, paying special attention to pedestrian activity, vehicle speed, safety concerns, site constraints and opportunities. Detailed field notes and photos will record field conditions and be logged for reference.

STC will request access to the traffic signal cabinets at the adjacent signalized intersections of Ramon Road with Landau Boulevard and Whispering Palms Trail. STC will document the existing traffic signal control equipment in each cabinet and identify any existing conduit paths that could be used for interconnect with the new traffic signal.

2.3 OPTIMIZING LOCATION
The STC Team will develop a Basis of Design (BOD) document that will evaluate the optimal location and control type for the proposed mid- block pedestrian crossing. Traffic counts will be commissioned sufficient to conduct a traffic signal warrant analysis per the latest version of California Manual on Uniform Traffic C ontrol Devices (CA -MUTCD). Two potential project locations will be evaluated.

Challenges and opportunities for each location will be identified as discussed in the Project Understanding & Approach, along with noteworthy items discovered during the field re view. High level cost estimates will be developed for each alternative. The result of the BOD will be an accepted preferred alternative for crossing location, configuration, and signal control type.

Task 2.1 Deliverables
Atlas Maps (as requested by City).

Task 2.2 Deliverables
Field Notes and Pictures (as requested by City).

Task 2.3 Deliverables
Draft and Final Basis Of Design Document.

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 11

2.4 TOPOGRAPHIC SURVEY
Nasland will perform field survey of the project site and determine existing conditions for base map and plan development. The topographic survey will include the width of existing righ t of way. The base map will identify all existing improvements, curb and gutter, sidewalks, curb access ramps, signs, streetlights, and other improvements within the project area. The topographic survey will extend approximately 300’ from the centerline of the intersection (50’ beyond the advance loop) on each approach. All curb ramps will be surveyed and measured for ADA compliance. During field survey observable utilities will be precisely located and we will complement the field survey with utility as-built research. Existing right-of-way will be plotted from available mapping.

2.5 PRELIMINARY PLANS
The STC Team will develop a preliminary design package which will include plans and engineering cost estimate reflecting a 30% design level of effort for the construction of the mid -block crossing and traffic signal. For details plan development information please refer to Task 4.4.1.

TASK 3. ENVIRONMENTAL DOCUMENTATION
STC understands the requirements and processes of federally funded municipal projects. The federal aid project must be processed and implemented in accordance with the procedures contained in the Local Assistance Procedures Manual (LAPM). STC will assist the City in preparing the Preliminary Environmental Study (PES) LAPM Exhibit 6-A for the project. It is anticipated CEQA Categorical Exemption Section 15301 applies to this project and no environmental work will be required. If require by the County, STC wi ll prepare a notice of exemption and submit to the County for approval. If conditions or improvements arise that may require environmental work, STC will commission an environmental engineer under an amended scope to develop the necessary studies and mitigation measures.

TASK 4. PLANS, SPECIFICATIONS, AND COST ESTIMATE (PS&E) The STC Team will prepare all drawings , specifications and engineers estimates adequate and sufficient for Cathedral City to solicit bids for the award of the contract and construction. This work is summarized in the subsequent tasks:

Task 2.4 Deliverables
Field Topography and Record Boundary.

Task 2.5 Deliverables
30% Plans and Engineering Cost Estimate.

Task 3. Deliverables
County of Riverside CEQA Notice of Exemption.

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 12

4.1 PLANS
STC will prepare plans for the new mid -block crossing and traffic signal. Plans shall conform to the Cathedral City Standard Plans, AASHTO Greenbook, County of Riverside Standard Plans, and Caltrans Standard Plans as applicable. Plans will be prepared utilizing AutoCAD software. All work identified on the plans will be approved and sealed a professional Civil Engineer registered in the State of California. Project plans shall include:

Title, General Notes, and Construction Detail sheets;
Civil Design Plans , including removals, existing and proposed improvement, utility base mapping, etc.

Where necessary, the plans shall define the limits of repair to pavement, curb, gutter, sidewalk, ADA upgrades, etc. The plans shall be at a horizontal scale of 1”= 10’ or 1”=20’ as appropriate. The plans will include horizontal and vertical control of all existing and proposed median curbs, median fencing, new curb ramps, centerline stationing, and depict existing utility locations as noted in the survey . If existing curb ramps do not meet current regulations, they will be removed to the necessary e xtent and reconstructed. If ramps are compliant with current regulations, then the existing sidewalk and curb ramps shall remain as constructed with the traffic signal pole foundation locations being drilled. Conduit runs to connect the signals will be acc omplished by pavement saw cuts, with minimal removals and reconstruction. Civil Design Plans to be prepared include Demolition Plan, Street Improvement Plan, and Detail Sheet / ADA Ramp details.

Signing and Striping Plans; at a horizontal scale of 1”=40’. Signing and striping plans shall be prepared to meet the latest edition of the CA MUCTD. The plans will include full geometry of the roadway and appropriate signing and striping improvements for the City’s preferred location alternative. The plans will incorporate all aspects of existing and proposed signing and striping design.

Traffic Signal Plan ; at a horizontal scale of 1”=20’. The design will be developed in accordance with Cathedral City Design Standards, Ordinances and Regulations, Caltrans Standard Plans and Specifications, and the CA MUTCD. Plans will include general notes, construction notes, phase diagrams, pole and equipment schedules, conduit and conductor schedules, and detail s for pole locations and foundations, pull boxes, conduits, and splicing. Other elements of design will include Emergency Vehicle Preemption (EVP) systems, pole and mast -arm signage, Accessible Pedestrian Systems (APS) and countdown signal heads, cabinets and controllers, and LED safety lighting. The need for interconnect to the adjacent traffic signals at Landau Boulevard and Whispering Palms Trail will be discussed with the City and included in the design as necessary.

The STC Team will submit plans to the City for review at the 90% and 100% levels of completion.

4.2 SPECIFICATIONS
STC will prepare project specifications utilizing the City’s current boilerplate bid package, special provisions, and the latest editions of the AASHTO Greenbook for Public Works Construction, Caltrans Task 4.1 Deliverables
90% and 100% Design Plans.

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 13 specifications and City Standards. The bid package will be prepared via Microsoft Word and remain in the City’s boilerplate font and format. All additions or changes to the boilerplate shall be highlighted in yellow for each respective first plan check submittal. The project specifications and bid documents w ill include the detailed project description, preparation of bid schedules, bid item descriptions, special provisions, technical specifications, and specification detail sheets or standard plans, as needed. The STC Team will also provide product specifications for traffic signal and interconnect equipment, if desired by the City.

4.3 ENGINEERS COST ESTIMATE
The STC Team will provide an itemized engineer’s cost estimate at the 90% and 100% levels of design for all proposed improvements. The estimates will be detailed with unit prices and quantities for individual line items of work and specified equipment based on the historical cost index. Cost estimate details, including items and descriptions, will be consistent with bid items and specification sections. STC excels in producing accurate cost estimates for construction through our expe rience with recently completed projects, materials procurement, and changing conditions in the traffic signal construction industry.

4.4 VALUE-ADDED SERVICES
The STC Team will provide signal timing plan development and implementation. STC maintains a fu lly functioning ATC cabinet with Type 2070 controllers and components in our shop, and our technicians will test the signal timing and phasing operations to ensure field ready implementation. This work will include:
• Develop signal timing based on corridor vehicle counts, pedestrian counts, and MUTCD compliance.

• Bench testing of signal timing.
• Provide signal timing to contractor in contractor-installed signal controller.
• Field verify the new timing plan is operating as intended and perform fine tuning adjustments.
• Traffic signal interconnect plans (shown on traffic signal plans) Task 4.2 Deliverables
90% and 100% Bid Package in Word format.

Task 4.3 Deliverables
90% and 100% Engineers Cost Estimate in Excel format.

Task 4.4 Deliverables
Traffic signal timing plans.

Proposal for Cathedral City - HSIP Cycle 10 HAWK Crossing at Ramon Road

STC Traffic, Inc. | Technical Proposal for HSIP-5430(037)/City Project: PN 8753 Page | 14 TASK 5. REQUEST FOR AUTHORIZATION (RFA CON)
Upon completion of design, STC will assist the City in preparing and obtaining approval for the Request for Authorization (RFA) from Caltrans. STC input is anticipated on the following Exhibits: The anticipated work includes, but is not limited to, the following:
• PS&E Checklist (LAPM Exhibit 12-D)
• DBE Contract Goal Methodology (Exhibit 9-D)
STC will ensure all requirements from the PS&E checklist are satisfied in the project specifications included attachment of all necessary exhibits.

TASK 6. BIDDING ASSISTANCE
The STC Team will provide support during bidding. This work will include, but is not limited to, attendance at the pre- bid meeting, r esponding to Requests for Information (RFI) during the project advertisement period, logging all questions and responses, and preparing addenda, as necessary.

All communication will be directed to the City for issuance to bidders. STC will have no direct contact with any bidders. The City will be responsible for construction contract advertisement, award, and administration.

TASK 7. CONSTRUCTION SUPPORT
The STC Team will provide construction support. This work will include , but is not limited to, r esponding to the Contractor’s RFIs during construction , conferring with the City’s Construction Manager regarding RFIs as appropriate, reviewing and approving shop drawings, and preparing final record drawings.

All communication will be directed to the City for issuance to the Contractor. STC will have no direct contact with the Contractor. This task excludes regularly scheduled construction observation.

Task 5. Deliverables
RFA CON Support.

Task 6. Deliverables
Pre-bid meeting attendance, written RFI responses, addenda, tabulated response to RFI and addenda.

Task 7. Deliverables
Pre-construction meeting attendance, written RFI responses, shop drawing review and acceptance, and final record drawings.

ID Task Name Duration Start Finish
1 CATHEDRAL CITY RAMON RD & AVENIDA LA
PALOMA HAWK CROSSING PN 8753
438 days Wed 1/26/22 Fri 9/29/23
2 NTP 0 days Wed 1/26/22 Wed 1/26/22
3 1.0 Project Management and Administration 436 days Fri 1/28/22 Fri 9/29/23 4 Kick‐off Meeting 0 days Fri 1/28/22 Fri 1/28/22
5 PT Meeting #1: Field Meeting 0 days Mon 2/21/22 Mon 2/21/22 6 PT Meeting #2: Basis of Design 0 days Fri 3/4/22 Fri 3/4/22 7 PT Meeting #3: 90% Design 0 days Fri 4/15/22 Fri 4/15/22 8 PT Meeting #4: 100% Design 0 days Fri 5/13/22 Fri 5/13/22 9 PT Meeting #5: Pre‐Bid Meeting 0 days Fri 10/28/22 Fri 10/28/22 10 PT Meeting #6: Pre‐Construction Meeting 0 days Mon 12/12/22 Mon 12/12/22 11 2.0 Field Work, Utility Coordination,
Preliminary Plans, and Optimizing Location
45 days Mon 1/31/22 Fri 4/1/22
12 As‐Built Research and Utility Coordination 10 days Mon 1/31/22 Fri 2/11/22 13 Field Work 5 days Mon 2/14/22 Fri 2/18/22
14 Draft Basis of Design 10 days Mon 2/21/22 Fri 3/4/22 15 Draft Basis of Design City Review 10 days Mon 3/7/22 Fri 3/18/22 16 Final Basis of Design 5 days Mon 3/21/22 Fri 3/25/22 17 Topographic Survey 5 days Mon 3/21/22 Fri 3/25/22
18 30% Preliminary Plans and Estimate 5 days Mon 3/28/22 Fri 4/1/22 19 3.0 Environmental Documentation 44 days Mon 1/31/22 Thu 3/31/22 20 Caltrans PES Support 5 days Mon 1/31/22 Fri 2/4/22
21 PES Caltrans Review 20 days Mon 2/7/22 Fri 3/4/22
22 Address Caltrans PES Comments 3 days Mon 3/7/22 Wed 3/9/22 23 Caltrans Environmental Clearance 16 days Thu 3/10/22 Thu 3/31/22 24 4.0 Plans, Specifications, and Estimate 135 days Mon 3/28/22 Fri 9/30/22 25 90% PS&E 15 days Mon 3/28/22 Fri 4/15/22
26 90% PS&E City Review 10 days Mon 4/18/22 Fri 4/29/22 27 100% PS&E 10 days Mon 5/2/22 Fri 5/13/22
28 100% PS&E City Review 5 days Mon 5/16/22 Fri 5/20/22 29 Final 100% PS&E 5 days Mon 5/23/22 Fri 5/27/22
30 5.0 Request for Authorization (RFA CON) 90 days Mon 5/30/22 Fri 9/30/22 31 Caltrans RFA Support 90 days Mon 5/30/22 Fri 9/30/22 32 6.0 Bidding Assistance 45 days Mon 10/3/22 Fri 12/2/22 33 Pre‐Bid and Project Bidding Support 45 days Mon 10/3/22 Fri 12/2/22 34 Construction Contract Award 45 days Mon 10/3/22 Fri 12/2/22 35 7.0 Construction Support 215 days Mon 12/5/22 Fri 9/29/23 36 Pre‐Construction and Construction Support 150 days Mon 12/5/22 Fri 6/30/23 37 Project Construction 150 days Mon 12/5/22 Fri 6/30/23 38 Record Drawings & Close‐Out 65 days Mon 7/3/23 Fri 9/29/23 NTP
Kick‐off Meeting
PT Meeting #1: Field Meeting
PT Meeting #2: Basis of Design
PT Meeting #3: 90% Design
PT Meeting #4: 100% Design
PT Meeting #5: Pre‐Bid Meeting
PT Meeting #6: Pre‐Construction Meeting
Draft Basis of Design
Final Basis of Design
30% Preliminary Plans and Estimate
Caltrans PES Support
Caltrans Environmental Clearance
90% PS&E
100% PS&E
Final 100% PS&E
Construction Contract Award
Project Construction
Record Drawings & Close‐Out
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May J Qtr 1, 2022 Qtr 2, 2022 Qtr 3, 2022 Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023 Qtr 3, 2023 Qtr 4, 2023 Qtr 1, 2024 Qtr 2, 202 STC Task Agency Task Milestone Summary

5.0 Project Schedule
Page | 15

B-1
EXHIBIT "B"

COMPENSATION

Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 01/12/22

DIRECT LABOR
Hours
6 41
81 114
-
-
-
-
-
-

LABOR COSTS
a)
S
ubtotal Direct Labor Costs
b) A
nticipated Salary Increases (see Escalation Calc.)
c) T otal Direct Labor Costs [ (a) + (b)] 10,995.11$

INDIRECT COSTS
d) F
ringe Benefits ( Rate: 73.31% ) e) T
otal Fringe Benefits [(c) x (d)] 8,060.52$
f
) O
verhead ( Rate: 0.00% ) -$

h) General & Administrative ( Rate: 91.03% ) i) G en & Admin [(c) x (h)] 10,008.85$ TOTAL ICR 164.34%
j) To tal Indirect Costs [(e) + (g) + (i)] 18,069.36$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 2,906.84$ Quatity Unit
l) TOTAL OTHER DIRECT COSTS -$
Subconsultant 1: 26,656.56$
26,656.56$
26,656.56$
58,627.87$
Project Engineer Walters, Joseph $45.67 -$
Senior Project Engineer Shivaji, Balaji $53.85 -$
Associate Engineer Pesaresi, Gianlunca $35.58 -$
Project Engineer Schlueter, Brandon $43.27 -$
Project Engineer Baidy, Myles $42.55 -$
Assistant Engineer Lomeli, Miguel $30.29 -$
The following staff are listed for flexibility on the project *Project Manager Lambarth, Christian $60.10 2,464.10$
Gonzalez, Ivan
Project Engineer Adamos, Ashley $45.67 3,699.27$
$37.50 4,275.00$ Associate Engineer
*Principal-In-Charge Manganiello, Steve $92.79 556.74$
STC Traffic, Inc. (fka Stack Traffic Consulting)
City Project: PN 8753 TBD
Employee Title - Proposal
Classification/Role Name Actual Hourly Rate
HAWK Crossing at Ramon Rd. & Avenida La Paloma
HSIP Cycle 10 Federal Project No. HSIPL-5430(037) | City Project: PN 8753 Project Name
Total
Exhibit 10-H1 Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) Contracts (Design, Engineering and Environmental Studies)
-$
10,995.11$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
$0.00 -$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Nasland Engineering
(m) TOTAL SUBCONSULTANS' COSTS
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l ) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2020
Name Manganiello Lambarth Adamos Gonzales
Category/Title *Principal-In-
Charge *Project Manager Project Engineer Associate Engineer Direct Labor Rate $92.79 $60.10 $45.67 $37.50
Fully Burdened Billing Rate $269.80 $174.74 $132.81 $109.04 TASK No.

Task 1: 1 6 - - 7 $ 1,318.24 Task 2: 3 8 33 28 72 $ 9,643.17

2.1 - - 3 8 11 $ 1,270.75

2.2 - - 8 - 8 $ 1,062.48

2.3 2 4 14 - 20 $ 3,097.90

2.4 - - - - - $ -

2.5 1 4 8 20 33 $ 4,212.04
Task 3: - 1 4 - 5 $ 705.98
Task 4: 2 16 32 86 136 $ 16,962.80

4.1 2 8 16 80 106 $ 12,785.68

4.2 - 6 12 - 18 $ 2,642.16

4.3 - 2 4 6 12 $ 1,534.96
Task 5: - 1 4 - 5 $ 705.98
Task 6: - 6 - - 6 $ 1,048.44 Task 7: - 3 8 - 11 $ 1,586.70
6 41 81 114 242
1,618.80$ 7,164.34$ 10,757.61$ 12,430.56$ $ 31,971.31 $ 26,656.56
ODC $ -
$ 58,627.87
Request for Authorization (RFA CON)
Bidding Assitance
Construction Support

CITY OF CATHEDRAL CITY
HAWK Crossing at Ramon Rd. & Avenida La Paloma | Federal Project No. HSIPL-5430(037) | City Project: PN 8753 STC Traffic, Inc.

Project Management / Administration
Total Costs

DESCRIPTION
Total Hours
Field Work, Utiltity Coordination, Preliminary Plans, Optimizing Location Specifications (90% & Final)
Estimate (90% & Final)
Plans, Specifications, and Estimate (PS&E)
Plans (90% & Final)

TOTAL HOURS
Subtotal STC Labor:

TOTAL COST:

Other Direct Costs
Subconsultant Cost (NASLAND):

Environmental Documentation
As-Built Research and Utility Coordination
Field Meeting and Field Work
Optimizing Location
Topograhic Survey
Preliminary Plans

Consultant Contract No. TBD Date 01/12/22

1. Calculate average hourly rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor
Subtotal per
Cost Proposal
Total Hours
per Cost
Proposal
Avg Hourly
Rate Contract Duration
$ 10,995.11 / 242 = $45.43 Year 1 Avg Hourly Rate Avg Hourly Rate Proposed
Escalation
Year 1 $45.43 + 0% = $45.43
Year 2 $45.43 + 0% = $45.43
Year 3 $45.43 + 0% = $45.43 Year 4 Avg Hourly Rate
Year 4 $45.43 + 0% = $45.43 Year 5 Avg Hourly Rate
Estimated %
Completed Each
Period
Total Hours
per Cost
Proposal
Total Hours
per Period
Year 1 0.00% * 242 = 0 Estimated Hours Year 1
Year 2 0.00% * 242 = 0 Estimated Hours Year 2
Year 3 0.00% * 242 = 0 Estimated Hours Year 3
Year 4 0.00% * 242 = 0 Estimated Hours Year 4
Year 5 0.00% * 242 = 0 Estimated Hours Year 5
Total 0% Total = 0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number of hours) Avg Hourly Rate
Estimated
Hours
(calculated above) (calculated above)
Year 1 $45.43 * 0 = $0.00 Estimated Hours Year 1
Year 2 $45.43 * 0 = $0.00 Estimated Hours Year 2
Year 3 $45.43 * 0 = $0.00 Estimated Hours Year 3
Year 4 $45.43 * 0 = $0.00 Estimated Hours Year 4
Year 5 $45.43 * 0 = $0.00 Estimated Hours Year 5
= $0.00
= $10,995.11
= $0.00 Transfer to Page 1
Exhibit 10-H1 Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) contracts (Calculations for Anticipated Salary Increases)
STC Traffic, Inc.

2. Calculate hourly rate for all periods (Increase the Average hourly rate for a period by proposed escalation %) Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate % each period by total hours) Cost
Per Period
Total Direct Labor Cost with Escalation
Direct Labor Subtotal before escalation
Estimated total of Direct Labor Salary Increase
Name: Title*:

Signature: _ Date of Certification (mm/dd/yyyy): 01/12/2022 E
mail: Phone Number:

Address:

List services the consultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:

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, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

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

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

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

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting 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). *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 th e
financial information utilized to establish the cost proposal for the contract.

Traffic Engineering Design and Analysis, Transportation Planning STC Traffic, Inc. (fka Stack Traffic Consulting) Chief Financial Officer [email protected] (760) 602-4290
5973 Avenida Encinas, #218 | Carlsbad | CA | 92008

Local Assistance Procedures Manual EXHBIT 10-H1
Cost Proposal
Note: Mark-ups are Not Allowed
Consultant
Project No. Contract No. Date 01/12/22

DIRECT LABOR
Hours
26 42
110
12 LABOR COSTS
a) S
ubtotal Direct Labor Costs
b) A
nticipated Salary Increases (see Escalation Calc.)
c) T otal Direct Labor Costs [ (a) + (b)] 9,201.22$

INDIRECT COSTS
d) F
ringe Benefits ( Rate: 23.15% ) e) T
otal Fringe Benefits [(c) x (d)] 2,130.08$
f
) O
verhead ( Rate: 135.9% ) 12,504.46$
h) General & Administrative ( Rate: 0.0% ) i) G en & Admin [(c) x (h)] -$ TOTAL ICR 159.05%
j) To tal Indirect Costs [(e) + (g) + (i)] 14,634.54$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)]* fixed fee 10% ] 2,383.80$ Quatity Unit
200 mile
16 ea
l) TOTAL OTHER DIRECT COSTS 437.00$
Subconsultant 1: -$
-$

437.00$
26,656.56$
(n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) + (n)]
(m) TOTAL SUBCONSULTANS' COSTS
9,201.22$
-$
g) Overhead [(c) x (f)
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Description of Item Unit Cost Total
Plan Sheets $20.00 320.00$
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Mileage Costs $0.585 117.00$
Design Engineer Brian Lenz $37.50 4,125.00$
**Survey Crew Dan Dinkins/J Atkins $108.64 1,303.68$
*Project Manager Jarrett Linn $60.29 1,567.54$
Project Engineer Paul Pitman $52.50 2,205.00$
Project Name HAWK Crossing at Ramon Rd. & Avenida La Paloma HSIP Cycle 10 Federal Project No. HSIPL-5430(037) | City Project: PN 8753 City Project: PN 8753 TBD
Employee Title - Proposal
Classification/Role Name Actual Hourly Rate Total
Nasland Engineering
Exhibit 10-H1 Cost Proposal
Actual Cost-Plus-Fixed Fee or Lump Sum (Firm Fixed Price) Contracts (Design, Engineering and Environmental Studies)
Prime Consultant
Subconsultant
2nd Tier Subconsultant
January 2020
Name Jarrett Linn Paul Pitman Brian Lenz Dan Dinkins
J Atkins
Category/Title *Project Manager Project Engineer Design Engineer **Survey Crew Direct Labor Rate $60.29 $52.50 $37.50 $108.64
Fully Burdened Billing Rate $171.80 $149.60 $106.86 $309.58 TASK No.

Task 1: 4 - - - 4 $ 687.20 Task 2: 8 14 32 12 66 $ 10,603.28

2.1 - - - - - $ -

2.2 - 10 - - 10 $ 1,496.00

2.3 2 - 4 - 6 $ 771.04

2.4 4 - 12 - 16 $ 1,969.52

2.5 2 4 16 12 34 $ 6,366.72 Task 3: - - - - - $ - Task 4: 10 26 66 - 102 $ 12,660.36

4.1 8 16 60 - 84 $ 10,179.60

4.2 2 8 - - 10 $ 1,540.40

4.3 - 2 6 - 8 $ 940.36 Task 5: - - - - - $ - Task 6: 2 - 4 - 6 $ 771.04 Task 7: 2 2 8 - 12 $ 1,497.68 26 42 110 12 190 4,466.80$ 6,283.20$ 11,754.60$ 3,714.96$ $ 26,219.56 ODC $ 437.00
$ 26,656.56
Subtotal Nasland Labor:

Topograhic Survey

CITY OF CATHEDRAL CITY
HAWK Crossing at Ramon Rd. & Avenida La Paloma | Federal Project No. HSIPL-5430(037) | City Project: PN 8753 Nasland Engineering
Total Hours Total Costs

DESCRIPTION
Project Management / Administration
Field Work, Utiltity Coordination, Preliminary Plans, Optimizing Location As-Built Research and Utility Coordination
Field Meeting and Field Work
Optimizing Location
Estimate (90% & Final)
Request for Authorization (RFA CON)
Bidding Assitance
Construction Support

TOTAL HOURS
Preliminary Plans
Environmental Documentation
Plans, Specifications, and Estimate (PS&E)
Plans (90% & Final)
Specifications (90% & Final)
Other Direct Costs
TOTAL COST:

C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.

X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon,

C-2
arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:

1. All Coverages.

a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

b. Insurance is to be pl aced with insurers with a current A.M.

Best's rating of no less than A:VII.

2. Commercial General Liability and Automobile Liability Coverages.

a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

b. Service Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.

c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

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e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

01/26/2022
Matsen Insurance Brokers, Inc.
3101 Concorde Drive, Suite C
McKinleyville CA 95519
Jacqueline Byrne
(707) 444-9292 (707) 444-9529
[email protected]
STC Traffic, Inc.
5973 Avenida Encinas, Suite #218
Carlsbad CA 92008
CM Vantage Specialty 15872
Nationwide Mutual 23787
Endurance American Specialty Ins. Co. 41718
Hartford P&C 34690
Lloyds of London
CL221508866
A Y Y CMV-PLI-0029523-01 01/01/2022 01/01/2023
1,000,000
300,000
Excluded
1,000,000
2,000,000
2,000,000
B Y Y ACPBA3046931702 01/01/2022 01/01/2023
1,000,000
C ELD30003063501 01/01/2022 01/01/2023
6,000,000
6,000,000
D Y Y 57WECGI9278 01/01/2022 01/01/2023
1,000,000
1,000,000
1,000,000
E
Professional Liability
DCCT00077-21 01/01/2021 03/02/2022
Tech E&O Aggregate $3,000,000
Aggregate $3,000,000
Per a Claim $2,000,000
City of Cathedral City and its respective elected officials, officers, employees, agents and representatives on the Auto policy are included as additional insureds per the attached form CA 20 48 10 13 with Primary and Non-Contributory per the attached form AC 20 41 03 16 and waiver of subrogation attached per policy form CA0444.

City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City CA 92234

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) HAWK Crossing at Ramon Rd. & Avenida La Paloma
HSIP Cycle 10 Federal Project No. HSIPL-5430(037) | City Project: PN 8753 City of Cathedral City and its respective elected officials, officers, employees, agents and representatives are included as additional insured per the attached form CG 20 10 04 13 General Liability coverage is primary and noncontributory per the attached form PLI 52 40 06 16. Waiver of subrogation applies to the General Liability policy per the attached form CG 24 04 05 09.

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
STC Traffic, Inc.
00004711
Matsen Insurance Brokers, Inc.
25 Certificate of Liability Insurance
Waiver of subrogation applies to the workers compensation policy per policy form WC 04 03 06 30 days’ advance written notice, 10 days for non-payment of premium, prior to cancellation or material change in policy coverage(s).

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

Cathedral City City CouncilFebruary 23, 2022

Cathedral City City Council
February 23, 2022