Agenda packet, regular meeting — Cathedral City City Council, November 9, 2022 (part 2 of 2)

October 18, 2022

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Table of Contents
Previous to this Page Cover Letter
Cover Letter Conflict of Interest Statement
Cover Letter Physical Location of our Office
1 Staff Assigned to this Project - HR Green’s Team
6 Description of Similar Projects
9 Requested Contractual Modifications
10 Understanding of the Project
12 Project Schedule
Provided Under Separate Cover Cost Proposal

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Staff Assigned to this Project - HR Green’s Team
HR Green is pleased to bring this experienced and knowledgable team to the City of Cathedral City:

Chase Keys, PE
Project Manager
Steve Loriso, PE, QSD/QSP
QA/QC Timothy Hartnett
Principal-in-Charge
City of Cathedral City
Jennifer Garcia, PE, QSD/QSP
Design Lead
Berlyn Casteneda
Community Outreach
Staff Engineer
Monica Pangco
Additional Staff Available
as Needed
Survey Services
Jonathan Guzman, PLS
Fomotor Engineering

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EXPERIENCE
10 Years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA # 90593
Chase Keys, PE
Project Manager
Chase has 10 years of CIP Program Management, design management, plan review, and construction management experience of municipal public improvement projects.

His experience includes a multi-faceted involvement with Engineering and Public Works Departments as well as NPDES compliance operations. Types of projects include roads, drainage, water, sewer, traffic, and parking lots throughout Southern California, including for the City of Pomona. Chase has also helped prepare grant applications for federal, state, and regional funding. Moreover, he has assisted in both the office and field on construction projects, and processed paperwork through Caltrans Local Assistance and regional transportation agencies. He has served as CIP Manager for the Cities of Jurupa Valley and Hemet and has also served on site at the Cities of Lake Elsinore, Palos Verdes Estates, and Beaumont in delivering a broad array of CIP and land development projects.

SELECTED PROJECT EXPERIENCE
Z Citywide Arterial Pavement Rehabilitation Program, City of Moreno Valley Z Foothill Boulevard Pavement Rehabilitation, City of Ranch Cucamonga Z Van Buren Boulevard Pavement Rehabilitation, Phases 2 & 3, City of Jurupa Valley
Z Citywide Pavement Rehabilitation Projects, City of Hemet

EXPERIENCE
36 Years

EDUCATION
BS, Engineering Design

PROFESSIONAL

AFFILIATIONS
American Council of
Engineering Companies
Timothy Hartnett
Vice President and Principal-in-Charge
Over the past 36 years, Tim has provided ongoing municipal engineering and program/ project management services to key municipalities throughout the country, guiding them through periods of extreme growth. Principal-in-Charge for multi-disciplined consulting services in Southern California and has overseen the delivery of pavement rehabilitation projects and roadway improvements for public agencies around the country . He has provided subdivision and site improvement review/approval processing from concept plan through the final plat in accordance with the municipality’s Municipal Code, Engineering Standards, applicable development agreement and annexation agreements. He supports strategic decision-making by presenting information to councils, boards, and committees; facilitating public engagement discussions; meeting with developers; and informing residents and business owners of project schedules.

Tim has considerable experience performing critical services, such as grants and funding procurement for roadway, parks and facility improvements, construction observation, general engineering advisory services, water and wastewater master planning, capital involvement planning and implementation, organizational/operational assessments, and staff augmentation and support. Tim also acts as the lead contact between HR Green clients and the various design/field staff members executing all projects within the communities he represents.

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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EXPERIENCE
15 Years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA #92572
Qualified SWPPP
Developer/Practitioner
(QSD/QSP), CA # 27874
Jennifer Garcia, PE, QSD/QSP
Design Lead
Jennifer has 15 years of design experience. She is well versed in preparing a wide variety of civil plans including street improvement, signing and striping, construction phasing, utility, pavement rehabilitation, erosion control, horizontal control, grading, and drainage plans all in AutoCAD Civil 3D. She also brings knowledge in preparing specifications, bid documents, cost estimates, and a variety of technical reports including Water Quality Management Plans (WQMP) and Storm Water Pollution Prevention Plans (SWPPP).

Jennifer’s experience makes her very familiar with different engineering standards throughout Southern California and very knowledgeable in meeting ADA requirements. In addition to design experience, she has been involved providing construction management services such as facilitating onsite construction meetings, directing contractors, preforming weekly inspection visits to the project site, reviewing certified payroll, and providing recommendations for project change orders. She is experienced in processing paperwork through Caltrans and has provided utility coordination services.

SELECTED PROJECT EXPERIENCE
Z Foothill Boulevard Pavement Rehabilitation, Lead Design, City of Rancho Cucamonga
Z Mission Boulevard Pavement Rehabilitation, Lead Design, City of Jurupa Valley Z Palos Verdes Dr. West Pavement Rehabilitation, Lead Design, City of Palos Verdes Estates

EXPERIENCE
25+ years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Registered Civil Engineer,
CA #64701;
Qualified SWPPP
Developer/Practitioner
(QSD/QSP), CA #00503
Steve Loriso, PE, QSD/QSP
QA/QC
Steve has more than 25 years of design, CIP program management, design management, plan review, NPDES/water quality compliance, and construction management experience of municipal public improvement projects. As City Engineer for various Southern California municipalities, he has overseen the preparation and implementation of numerous pavement rehabilitation projects and roadway improvements using various pavement applications for 20+ cities . Types of projects include roads, drainage, water, sewer, traffic, grading, and parking lots. Steve has managed the implementation of the Municipal Separate Storm Sewer System (MS4) Permit for various municipalities, performed review of compliance documents for private and public developments, acted as the owner’s representative and liaison between design teams and general contractors on facility and infrastructure construction projects.

SELECTED PROJECT EXPERIENCE
Z Pavement Rehabilitation Projects, City of Rancho Cucamonga Z Pavement Rehabilitation Projects, City of Hemet
Z Pavement Rehabilitation Projects, City of Jurupa Valley Z Pavement Rehabilitation Projects, City of Palos Verdes Estates

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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EXPERIENCE
10 Years

EDUCATION
College Coursework

EXPERIENCE
2+ Years

EDUCATION
BS, Civil Engineering

REGISTRATION /

LICENSE
Engineer-in-Training, CA
#175325
Berlyn Casteneda
Community Outreach
Berlyn has 10 years of experience with municipal governments, providing plan review, permit processing, and complex clerical and technical accounting duties, including accounts receivable, accounts payable, and department specific accounting. She routinely prepares and maintains database records, and generates reports on a regular and as-needed basis. In addition, Berlyn is bilingual (Spanish/English) and experienced with the preparation of monthly, quarterly, and year-end financial, summary and other technical reports in various systems, including Accela.

HR Green clients that Berlyn has worked with include: the cities of Moreno Valley, Jurupa Valley, Hemet, Pomona and Palos Verdes Estates.

Monica Pangco, EIT
Staff Engineer
Monica has more than two years of experience providing civil plan and map review, design, utility coordination, engineering, and administrative services. She has reviewed proposals and plans and project documentation. Monica has also performed on-site project visits and assisted with research on municipal improvement projects. In addition, Monica has experience with several engineering design software programs including AutoCAD, Bluebeam, and Navisworks, and building information modeling tools such as Revit and BIM 360.

SELECTED PROJECT EXPERIENCE
Z Citywide Arterial Pavement Rehabilitation Program, City of Moreno Valley Z Mission Boulevard Pavement Rehabiliation, Phase 2, City of Jurupa Valley Z Paseo Del Mar and Via Almar Pavement Rehabilitation, City of Palos Verdes Estates

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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EXPERIENCE EDUCATION REGISTRATION / LICENSE
22+ Years BS, Survey Engineering Professional Land Surveyor, CA #8652 Jonathan Guzman, PLS
Survey Manager - Fomotor Engineering
Jonathan has more than thirteen years of experience as Survey Department Manager and more than 22 years of experience in the land survey industry. Jonathan prepares estimates, oversees project management of all field, topographical and construction surveys. He also supervises the preparation of base sheets, tract maps, parcel maps, lot line adjustments and ALTA surveys.

Fomotor Engineering will provide surveying services as a subcontractor to HR Green.

Fomotor Engineering is a full-service, multi-discipline civil engineering, planning and land surveying firm founded 28 years ago in 1994. Company founder and owner, Phillip Fomotor, has more than 35 years of professional engineering and land survey experience. Phillip holds licenses in the States of California and Washington. Fomotor Engineering has an extensive background in all phases of civil design, field surveying, environmental document preparation and project management.

Their clients are from the private sector and public agencies in the Coachella Valley, the High Desert, and throughout Southern California.

Land Surveying Services include: property surveying, topographical surveying, ALTA’s, construction surveying, construction staking, preparation of lot line adjustments, subdivision maps, easement legal descriptions, corner records and Records of Survey.

Fomotor Engineering was recently on-call surveyor for City of Cathedral City. They have also additionally provided Land Surveying services to many of the other cities in the Coachella Valley.

Fomotor Engineering currently and has previously performed development review and plan checking Services to public agencies. They currently provide plan check services for the City of Cathedral City and have previously provided these services for the desert Cities of Palm Springs, Palm Desert, and Rancho Mirage.

Fomotor Engineering is committed to the effective use of technology and utilizes the latest CAD and engineering analysis software, and GPS, Robotic and Aerial Drone land surveying equipment.

PREVIOUS FIRM EXPERIENCE
For Cathedral City:
 Field survey obtaining cross section (fence line or apparent right-of-way line to crown of street) of approximately 4,200 linear feet of the westerly side of Date Palm Drive plus additional 200 linear feet extensions beyond project area, south of Dinah Shore. (2018)
 Field survey approximately 5,600 linear feet of street cross sections along Dinah Shore Drive, Date Palm Drive and Cathedral Canyon Drive. (2018)
 Surveyed approximately 1,700 lineal feet of street cross-sections along Via De Anza. (2021)  Boundary survey in Cathedral City along Highway 111, between Date Palm Drive and the City limits with Rancho Mirage. (2019)
 Topographic Survey at Shifting Sands Trail and Ramon Road. (2019)  Surveyed approximately 800 linear feet of Vega Road and 900 linear feet of Avenida Ximino cross-sections. (2017)

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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REFERENCE
Quang Nguyen, PE, MPA
Senior Engineer
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553

P: 951.413.3159
E: [email protected]
Pavement Rehabilitation Services
City of Moreno Valley
CHALLENGE: The City of Moreno Valley, with a population of 200,000+ is a rapidly growing community with hundreds of miles of deferred pavement maintenance. With additional funding incoming for infrastructure improvements, but limited in-house staff, the City needed consultant assistance to prepare plans for the much needed Citywide Pavement Rehabilitation Program.

Sample Project
2021-2022 Citywide Pavement Rehabilitation: The City engaged HR Green to provide full plan preparation for 135 arterial/collector street segments. HR Green provided the street improvement and signing and striping plans for more than eighty (80) miles of arterial/collector streets between two projects and ten phases. The project included the grind and overlay or slurry seal of arterial or collector streets throughout the City.

In addition to the rehabilitation or maintenance of existing pavement, the project also included new signing and striping of all streets, including the addition of new Class II and Class III bikeways as well as several bicycle boulevards. HR Green had to take into the account the City’s adopted bicycle and pedestrian master plan and existing on-street parking to design the most effective and efficient corridors.

To expedite the project at the City’s request, HR Green assigned a full service design team to provide extensive field reviews, base mapping, utility coordination, pavement rehabilitation recommendations and design, and signing and striping plans per the City’s General Circulation Plans and Bicycle Master Plan. HR Green was able to complete the design of the first project within six months and the second four months after that.

DATES PERFORMED:
2021-Ongoing
SIMILAR ELEMENTS:
 Arterial roadway pavement
rehabilitation
 Buffered Class II bike lanes
Description of Similar Projects

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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REFERENCE
Romeo David
Associate Engineer
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
P: 909.774.4070
E: [email protected]
Pavement Rehabilitation Projects
City of Rancho Cucamonga
Since 2019, HR Green has provided design and engineering of public improvements to the City of Rancho Cucamonga.

Sample Projects
Foothill Boulevard Pavement Rehabilitation: HR Green provided improvement plans, including separate signing and striping plans with the addition of buffered Class II bike lanes, specifications, and cost estimates for the rehabilitation of the 2.5 mile stretch of Foothill Boulevard between Milliken Avenue and East Avenue in the City of Rancho Cucamonga. This segment of Foothill was experiencing some minor distress, mainly longitudinal and block cracking of the existing wearing course with potholes throughout.

The City’s preferred rehabilitation strategy was a 0”-2” edge grind and 2” overlay.

The City was initially fine with the existing raised median losing 2” of curb face, but after a thorough field review, HR Green noted that the existing median had several curb cuts throughout the project limits carrying storm water from one side of the median to the other. The existing street was also in need of a full depth cold mill in several areas not previously identified. After further discussion with City staff, it was agreed to perform a uniform 2” cold mill and ARHM overlay. The replacement of existing ADA facilities was also provided with a detailed survey and design of each individual access ramp.

Hermosa Avenue Widening: HR Green designed the widening of Hermosa Avenue between Foothill Boulevard and Effen Street. The project widened the corridor to include two travel lanes in each direction as well as a center left turn lane, new curb and gutter, and sidewalk. Improvements at the Stafford street intersection were required to accommodate the widening, including ADA upgrades, utility coordination and relocation.

A new development, recently built along the south end of the project, required extensive on-street parking. During the design phase the on-street parking was added, and in order to maximize spacing reverse back-in angled parking was the elected alternative. “I would like to express our sincere
appreciation to HR Green for
their contribution to delivering
Civil Design project plans to our
Engineering Department. We thank
HR Green for their professionalism
and experience in providing Civil
Design for various projects. We
highly recommended the HR Green
team to anyone who looks for a
guaranteed quality of service level. ”

Romeo David
Associate Engineer
City of Rancho Cucamonga

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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REFERENCE
Rod Butler
City Manager
City of Jurupa Valley
8930 Limonite Avenue
Jurupa Valley, CA 92509
P: 951.332.6464
E: [email protected]
Pavement Rehabilitation Projects
City of Jurupa Valley
Upon new City incorporation in 2011, the City of Jurupa Valley (100,000+ population comprised of 9 diverse communities) inherited aging infrastructure and no formal municipal building assets. Since incorporation HR Green has provided full departmental management and on-site staffing for Public Works, Building and Safety, and Engineering. Jurupa Valley is considered one of the most cost-efficiently run communities in the County based on level of service, while consistently exceeding performance metrics.

Sample Projects
Van Buren Boulevard Pavement Rehabilitation: HR Green provided design engineering and construction inspection for approximately 310,000 square feet of much needed pavement rehabilitation on Van Buren Boulevard between Jurupa Road and Rutile Street.

We proposed two rehabilitation strategies, a traditional grind and overlay with the inclusion of a geosynthetic paving mat, or a grind and overlay with the use of fiber reinforced asphalt concrete. The fiber reinforced asphalt concrete provides equivalent section strength and has the potential to be more economical. Van Buren Boulevard is classified as a regional expressway in the City’s General Plan, there-fore, any disruption in traffic has a compounding affect. The work needed to be performed quickly and safely for the traveling public as well as the workers. Additionally, to reduce future travel delays, the road needed a lasting rehabilitation strategy. HR Green staff provided daily observation of contractor’s operations; monitored materials in-spection and testing; monitored compliance with the contract documents, including temporary construction traffic control, preparation of monthly progress payment reports, and performed various administrative activities related to the project.

Mission Boulevard Pavement Rehabilitation and Traffic Signal Improvements: HR Green prepared street improvement plans, signing and striping plans, and traffic signal modification plans for this 1.5 mile stretch of Mission Boulevard between Pyrite Street and Valley Way. A pavement evaluation report was prepared to provide rehabilitation recommendations for the roadway which ultimately led to the decision to place a fiber reinforced asphalt concrtete (FRAC) leveling course and fiber reinforced asphalt rubber hot mix (FR-ARHM) overlay in addition to a 2” cold mill of the entire roadway surface. The project also included improvements at the Valley Way intersection to modify the existing raised center median to include a pedestrian refuge with signal actuation to allow pedestrians to make the crossing of Mission Boulevard in two movements. This upgrade allowed for the traffic signal to be re-timed to improve overall traffic operations and pedestrian safety through the intersection. “The City of Jurupa Valley
continues to be very pleased with
the services that we are receiving
from HR Green. HR Green provides
highly competent and experienced
staff at reasonable hourly rates.

In an active and fast-growing
city like Jurupa Valley, being able
to supplement our internal team
with well-managed contract staff
makes us all the more effective
in serving our residents and the
development community. ”
Rod Butler
City Manager
City of Jurupa Valley

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Date Palm Drive Pavement Rehabilitation | City of Cathedral City

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Requested Agreement Modifications
If chosen to provide services, we would appreciate speaking with you regarding the following Agreement Modification requests:

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Exhibit C Exceptions
Project Understanding and Approach
Date Palm Drive’s importance to the City of Cathedral City cannot be overstated as it serves as one of the primary arterials between I-10 and the community and it’s also a major source of economic development connecting businesses on Dinah Shore, Ramon Road and East Palm Canyon to the community. Car dealerships, retail, restaurants, and the new Agua Caliente Casino all take access from Date Palm Drive making it critical that it be maintained in a high condition as many customers may not use any other roads in the City.

Additionally, all residents, including those with accessibility issues, must have access to the public facilities, places of worship and health services located along the corridor.

HR Green understands that the City has performed initial studies to identify the needs and constraints in the corridor to further develop its usefulness for economic, transportation and pedestrian circulation as well as a shopping and commercial mixed use destination corridor. To facilitate the City’s vision the one-mile section of Date Palm Drive between Ramon Road and Dinah Shore Drive needs pavement rehabilitation, limited drainage improvements, and ADA compliant ramps. The intersection with 30th Avenue will be evaluated for 100’ to 200’ concrete approaches on Date Palm Road to address rutting from trucks. Additionally, the southerly crosswalk will be evaluated for ADA accessibility.

The intersection of 30th and Date Palm.
100’ to 200’ concrete approaches to address truck
rutting, potential drainage improvements, ADA compliant cross walks.

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The intersection of Ramon and Date Palm.

Pavement rehabilitation, potential drainage
improvements, ADA compliant ramps, utility
coordination.

HR Green’s approach will be to conduct preliminary research including identifying core locations to verify existing conditions, preliminary and final design, cost estimates and bidding support to ensure a successful construction project.

Our design team will work with the City’s geotechnical firm to identify existing pavement sections critical to our recommended rehabilitation methods. We will also work with our surveyor to provide new base maps for the City providing updated existing cross sections and drainage patterns on Date Palm Drive.

POTENTIAL ISSUES/SOLUTIONS
We have driven the project limits and performed a visual observation and assessment of the existing conditions. The existing pavement surface experiences varying degrees of longitudinal and block cracking. The following are some examples of key issues we feel should be addressed with the design and our corresponding solutions.

1. Rutting/Shoving at intersections: For a major arterial roadway like Date Palm Drive we would typically suggest a rubberized asphalt overlay. Although there are great benefits to rubberized asphalt, including being a “green” product and reducing traffic noise, the downfall is that it tends to be more susceptible to rutting at intersections. This can pose a major problem, especially along a major corridor and transit route like Date Palm Drive. We feel the City is taking a smart approach by recommending the analysis of concrete approach lanes at major intersections, particularly controlled intersections.

2. Existing raised median
The existing sections of raised median on Date Palm Drive prevents the City from being able to do a traditional overlay without losing a portion of curb face in that median. Most agencies require a minimum 4” curb face to remain after the completion of an overlay. We would typically recommend completing a full width cold mill and overlay, including crack sealing after completion of the cold mill for cracks still existing greater than ¼”. This method will remove and replace the existing wearing surface while maintaining the existing curb height while also avoiding the need to adjust most utilities. HR Green will evaluate existing height of the raised medians for discussion with City staff and if the existing surface allows, we may be able to complete a traditional overlay with just edge grinding along the outside curb.

3. Traffic signal detection loops
There are several signalized intersections throughout the project corridor that appear to have existing loop detection. The signing and striping plan should identify the location and type of traffic loops in accordance with City standards, including bicycle detection. We understand that eventually the intersections will be upgraded to video detection with CVAG’s Valley-wide Signal Synchronization project, however we will replace per standards unless directed by the City.

4. Bus pads
There are several existing bus stops or bus turnouts throughout the project limits. Most of these locations are experiences substantially greater pavement distresses than the rest of the roadway.

We would recommend removing the existing AC pavement, base material and replacing these locations with new PCC bus pads. This solution prevents premature deterioration of the roadway adjacent to bus stops.

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Date Palm Drive Pavement Rehabilitation | City of Cathedral City ID Task Name Duration Start Finish
1 CATHEDRAL CITY NOTICE TO PROCEED 0 days Mon 11/14/22 Mon 11/14/22 2 PROJECT MANAGEMENT AND COORDINATION 105 days Mon 11/14/22 Fri 4/7/23 3 Project Management 105 days Mon 11/14/22 Fri 4/7/23
4 Public Meeting #1 0 days Wed 1/11/23 Wed 1/11/23
5 Public Meeting #2 0 days Wed 3/22/23 Wed 3/22/23
6 UTILITY COORDINATION 85 days Mon 11/14/22 Fri 3/10/23 8 DATA COLLECTION 45 days Mon 11/14/22 Fri 1/13/23
9 Existing Document Research 10 days Mon 11/14/22 Fri 11/25/22 10 Topographic Survey 25 days Mon 11/14/22 Fri 12/16/22 11 Field Reconnaissance 2 days Wed 1/4/23 Thu 1/5/23
12 Geotechnical Investigation 45 days Mon 11/14/22 Fri 1/13/23 13 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 90%, FINAL) 105 days Mon 1/16/23 Fri 6/9/23 14 60% PS&E 30 days Mon 12/19/22 Fri 1/27/23
15 Submit 60% Package to Cathedral City 0 days Fri 1/27/23 Fri 1/27/23 16 Cathedral City Plan Check 10 days Mon 1/30/23 Fri 2/10/23 17 90% PS&E 20 days Mon 2/13/23 Fri 3/10/23
18 Submit 90% Package to Cathedral City 0 days Fri 3/10/23 Fri 3/10/23 19 Cathedral City Plan Check 10 days Mon 3/13/23 Fri 3/24/23 20 FINAL PS&E 10 days Mon 3/27/23 Fri 4/7/23
21 Submit FINAL Bid Package to Cathedral City 0 days Fri 4/7/23 Fri 4/7/23 11/14 CATHEDRAL CITY NOTICE TO PROCEED
1/11 Public Meeting #1
3/22 Public Meeting #2
1/27 Submit 60% Package to Cathedral City
3/10 Submit 90% Package to Cathedral City
4/7 Submit FINAL Bid Package to Cathedral City
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 4th Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Manual Task Manual Milestone Manual Summary Rollup Manual Progress

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Client: Cathedral City
Project: Date Palm Drive Pavement Rehabilitation
Date: 10/18/2022
Anticipated Project Schedule

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TRANSPORTATION
+
WATER
+

GOVERNMENTAL SERVICES
+

LAND DEVELOPMENT
+

ENVIRONMENTAL
+

CONSTRUCTION

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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm OCTOBER 18, 2022
City of Cathedral City

COST PROPOSAL FOR
Engineering Design Services - Date Palm Drive Pavement
Rehabilitation
Chase Keys, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 855.900.4742 Direct 760.262.4316
[email protected]

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Date Palm Drive Pavement Rehabilitation | City of Cathedral City

HR GREEN - FEE PROPOSAL
PROJECT NAME: DATE PALM DRIVE PAVEMENT REHABILITATION
PROJECT NUMBER: 2202402
CLIENT: CATHEDRAL CITY
CLIENT CONTACT: ANDRES PEREZ
PROJECT MANAGER: CHASE KEYS
2 31 120 266 307 13 85
$ 295.00 $ 215.00 $ 200.00 $ 165.00 $ 118.00 $ 106.00 $ 70.00 590.00$ 6,665.00$ 24,000.00$ 43,890.00$ 36,226.00$ 1,378.00$ 5,950.00$ 118,699.00$ 1,747.50$ 31,561.75$ 152,008.25$

0.004970556 0.056150431 0.202192099 0.369758802 0.305192125 0.011609196 0.050126791 0.63$ 10% 15% Hartnett, Timothy Loriso, Stephen Keys, Chase Garcia, Jennifer Pangco, Monica Ann Castaneda, Berlyn Teh, Langdon

TASK DESCRIPTION OF TASK PIC QA/QC PROJ

MGR PROJ ENGR STAFF
ENG TECH. TECH. Reimbursables Sub
Contractor
Unit Total Total Total
PHASE 1 PROJECT MANAGEMENT AND COORDINATION/COMMUNIT Y OUTREACH 22,631.00$ 1,165.00$ -$ 23,796.00$ 2 11 46 54 1 13 1 264.00 165.00 - PHASE 2 UTILITY COORDINATION 5,360.00$ -$ -$ 5,360.00$ 0028 0 0 5 2 - - Utility Notification Letters (3) 2,560.00$ -$ -$ 2,560.00$ 28 12 -$ Plot Existing Utilities 2,800.00$ -$ -$ 2,800.00$ 40 -$ PHASE 3 DATA COLLECTION 7,728.00$ 55.00$ 31,561.75$ 39,344.75$ 004 2 81 6 06 55.00 27,445.00 Existing Documentation Research 1,080.00$ -$ -$ 1,080.00$ 4 6 -$ Topographic Survey 1,060.00$ -$ 31,561.75$ 32,621.75$ 24 -$ 27,445.00 Fomotor Field Reconnaissance 4,528.00$ 55.00$ -$ 4,583.00$ 16 16 88 55.00$ Geotechnical Investigation Recommendations 1,060.00$ -$ -$ 1,060.00$ 24 -$ PHASE 4 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 9 0%, AND FINAL) 70,492.00$ 527.50$ -$ 71,019.50$ 0 20 48 136 274 0 26 27.50 - Improvement Plans 56,532.00$ 500.00$ -$ 57,032.00$ 32 104 264 26 -$ 500.00 Title Sheet -$ -$ -$ -$ -$ Details and Typical Sections -$ -$ -$ -$ -$ Street Improvement Sheets -$ -$ -$ -$ -$ Signing and Striping Sheets -$ -$ -$ -$ -$ Contract Documents 5,020.00$ -$ -$ 5,020.00$ 6 16 10 -$ EOPC 1,720.00$ -$ -$ 1,720.00$ 28 -$ Field check with client 2,920.00$ 27.50$ -$ 2,947.50$ 88 44 27.50$ QA/QC 4,300.00$ -$ -$ 4,300.00$ 20 -$ PHASE 5 BIDDING AND CONSTRUCTION SUPPORT 12,488.00$ -$ -$ 12,488.00$ 0 0 20 40 16 0 0 - - Bid Support 2,120.00$ -$ -$ 2,120.00$ 48 -$ Construction Support 8,480.00$ -$ -$ 8,480.00$ 16 32 -$ Prepare As-Built Record Drawings 1,888.00$ -$ -$ 1,888.00$ 16 -$ 152,008.25$
Mileage AutoODC Task Total Subs Task Total Task Total

EXPENSES
TOTAL HOURS 824
TOTAL LUMP SUM DESIGN FEE:

Subcontractors

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total

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TRANSPORTATION
+
WATER
+

GOVERNMENTAL SERVICES
+

LAND DEVELOPMENT
+

ENVIRONMENTAL
+

CONSTRUCTION

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HR GREEN - FEE PROPOSAL - EXTENDED PROJECT LIMITS
PROJECT NAME: DATE PALM DRIVE PAVEMENT REHABILITATION
PROJECT NUMBER: 2202402
CLIENT: CATHEDRAL CITY
CLIENT CONTACT: ANDRES PEREZ
PROJECT MANAGER: CHASE KEYS
2 8 50 112 184
0 56
$ 295.00 $ 215.00 $ 200.00 $ 165.00 $ 118.00 $ 106.00 $ 70.00 590.00 $ 1,720.00 $ 10,000.00 $ 18,480.00 $ 21,712.00 $ -$ 3,920.00 $ 56,422.00 $ 1,387.50 $ 31,625.00 $ 89,434.50 $

0.010456914 0.030484563 0.17723583 0.327531814 0.384814 434 0 0.069476445 0.63 $ 10% 15% Hartnett, Timothy Loriso, Stephen Keys, Chase Garcia, Jennifer Pangco, Monica Ann Castaneda, Berlyn Teh, Lan gdon

TASK DESCRIPTION OF TASK PIC QA/QC PROJ

MGR PROJ ENGR STAFF
ENG TECH. TECH. Reimbursables Sub
Contractor
Unit Total Total Total
PHASE 1 PROJECT MANAGEMENT AND COORDINATION/COMMUNIT Y OUTREACH 9,350.00 $ 1,082.50 $ - $ 10,432.50 $ 2 0 24 24 0 0 0 132.00 82.50 - PHASE 2 UTILITY COORDINATION 2,800.00 $ - $ - $ 2,800.00 $ 0 0 0 0 0 0 40 - - Utility Notification Letters (3) -$ - $ - $ - $ -$ Plot Existing Utilities 2,800.00 $ -$ - $ 2,800.00 $ 40 -$ PHASE 3 DATA COLLECTION 3,724.00 $ 27.50 $ 31,625.00 $ 35,376.50 $ 0 0 4 12 8 0 0 27.50 27,500.00 Existing Documentation Research -$ - $ - $ - $ -$ Topographic Survey 730.00 $ -$ 31,625.00 $ 32,355.00 $ 2 2 -$ 27,500.00 Fomotor Field Reconnaissance 2,264.00 $ 27.50 $ -$ 2,291.50 $ 8 8 44 27.50 $ Geotechnical Investigation Recommendations 730.00 $ -$ - $ 730.00 $ 2 2 -$ PHASE 4 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 9 0%, AND FINAL) 38,660.00 $ 277.50 $ - $ 38,937.50 $ 0 8 22 76 160 0 16 27.50 - Improvement Plans 33,760.00 $ 250.00 $ -$ 34,010.00 $ 16 64 160 16 -$ 250.00 Title Sheet -$ - $ - $ - $ -$ Details and Typical Sections -$ - $ - $ - $ -$ Street Improvement Sheets -$ - $ - $ - $ -$ Signing and Striping Sheets -$ - $ - $ - $ -$ Contract Documents -$ - $ - $ - $ -$ EOPC 1,720.00 $ -$ - $ 1,720.00 $ 2 8 -$ Field check with client 1,460.00 $ 27.50 $ -$ 1,487.50 $ 4 4 44 27.50 $ QA/QC 1,720.00 $ -$ - $ 1,720.00 $ 8 -$ PHASE 5 BIDDING AND CONSTRUCTION SUPPORT 1,888.00 $ - $ - $ 1,888.00 $ 0 0 0 0 16 0 0 - - Bid Support -$ - $ - $ - $ -$ Construction Support -$ - $ - $ - $ -$ Prepare As-Built Record Drawings 1,888.00 $ -$ - $ 1,888.00 $ 16 -$ 89,434.50 $ TOTAL ADDITIONAL LUMP SUM DESIGN FEE TO EXTEND LIMITS TO GERALD FORD DRIVE:

Mileage Auto ODC Task Total Subs Task Total Task Total

EXPENSES
TOTAL HOURS 412
Subcontractors

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HR GREEN PACIFIC, INC.

This Agreement for Design Prof essional Services (“Agreement”) is entered into as of November 9, 2022 (“Effecti ve Date”) by and between the Ci ty of Cathedral City, a municipal corporation (“City”) and HR Green Pacific, Inc. (“Des ign Professional”). City and Design Professional are sometim es 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 the engineering services defined and described particularly in Section 2 of this Agreement.

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

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated co mpetence and the professional qua lifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedr al City’s Municipal Code, City has authority to enter into this Design Profe ssional Services Agreement and the City Manager has authority to execute this Agreement.

E. The Parties desire to formalize the selection of Design Prof essional for performance of those services def ined and described particularl y i n S e c t i o n 2 o f t h i s 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 cov enants 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.

Subject to the provisions of Se ction 19 "Termination of Agreeme nt" of this Agreement, the Term of this Agreement is for two (2) commencing on the Effective Date.

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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform t he 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 p ursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Profe ssional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Design Professional shall not be compensated for any work rende red in connection with its performance of this Agreement that are in a ddition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Admin istration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional wor k is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, Cit y agrees to pay Design Professional the amounts specified in Exhibit “B” “Compe nsation” and made a part of this Agreement by this r eference. The total compensati on, including reimbursement for actual expens es, shall not exceed Two Hundred F o r t y O n e Thousand, Four Hundred Twenty Tw o dollars and Seventy Five cent s ($241,422.75), unless additional compensation is approved in writing in accord ance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) Each month Design Professional shall furnish to City an ori ginal invoice for all work performed and expenses incurred during the preceding m onth. The invoice shall detail charges by the fo llowing categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-Design Professional con tracts. Sub-Design Professional charges shall be det ailed by the following categor ies: labor, travel, materials, equipment and supplies . If the compensation set for th in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opp osed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task per formed and the amount of time incurred for or allocated to that task. City shall indepen dently review each invoice sub mitted by the Design Professional to determine whet her the work performed and expens es incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid a ccording to the terms set forth in subsection (c). In the event any charges or expen ses are disputed by City,

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the original invoice shall be re turned by City to Design Profes sional for correction and resubmission.
(c) Except as to any charges for work performed or expenses inc urred by Design Professional which are disputed by City, City will use i ts best efforts to cause Design Professional to be paid wit hin forty-five (45) days of r eceipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Profession al for work performed pursuant to this Agreement shall not be deemed to waive any defects in work perf ormed by Design Professional.

SECTION 5. INSPECTION A ND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Design Professiona l’s work under this Agreement, either during performance or when completed. C ity shall reject or finally accept Design Profession al’s work within sixty (60) day s after submitted to City.

City shall reject work by a tim ely written explanation, otherwi se Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and s uch gross mistakes as amount to fraud. Acceptance of any of Design Professional’s wo rk by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, desi gns, drawings, photographs, stud ies, surveys, reports, data, notes, computer files, file s and other documents prepared, developed or discovered by Design Professional in the course of providing th e Services pursuant to this Agreement shall become the sole property of City and may b e used, reused or otherwise disposed of by City without the permission of the Des ign Professional. Upon completion, expiration or termi nation of this Agreement, Design Professional shall turn over to City all such original m aps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surv eys, reports, data, notes, computer files, files or other documents prepared, devel oped or discovered by Design Professional in the course of providing the Services pur suant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “S tandard of Performance; Familiarity With Wo rk” of this Agreement shall not extend to such use of the maps, models, designs, dr awings, photographs, studies, surv eys, reports, data, notes, computer files, files or other documents.

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SECTION 7. DESIGN PROFESSION AL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents an d records demonstrating or relating to Des ign Professional’s performance of the Services.

Consultant shall maintain any and all ledgers, books of account , invoices, vouchers, canceled checks, or other documents or records evidencing or re lating to work, services, expenditures and disbur sements charged to City pursua nt to this Agreement.

Any and all such documents or records shall be maintained in ac cordance with generally accepted accounting principles and shall be sufficien tly complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or reco rds shall be maintained for three (3) years from the date of execution of th is 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 reques t by City or its designated representative. Copies of such documents or records s hall 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 reco rds shall be made available at Design Professional’s address indicated for receipt of notices in this Agreement. (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 Des ign Professional’s business, C ity may, by written request, require that custody of such documents or records be g iven 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 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a whol ly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any oblig ation, debt or liability of any kind on behalf of or against City, whether by contract or o therwise, unless such authority is expressly conferred under this Agreement or is oth erwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional s hall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, e mployees, or agents are in any manner officials, officers, employees or agents of City.

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(c) Neither Design Professional, nor any of Design Professional ’s officers, employees or agents, shall obtain any rights to retirement, hea lth care or any other benefits which may otherwise accr ue to City’s employees. Desig n Professional expressly waives any claim Design Professional may have to any such rights.

SECTION 9. STANDARD OF PERFORMA NCE; FAMILIARITY WITH WORK. (a) Design Professional represents that it has the qualificatio ns, knowledge, skill, and facilities necessary to properly perform the Service s required under this Agreement in a thorough, compet ent and professional manner. Con sistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or simila r locality. Design Professional shall at all times competently perform all Service s. In meeting its obligations under this Agreemen t, Design Professional shall emp loy, at a minimum, generally accepted standards and pr actices utilized by persons engaged in providing services similar to the Services required of Design Professiona l under this Agreement.

In addition to the general standar ds of performance set forth t his section, additional specific standards of performanc e and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Pro fessionals work under this Agreement. Where there is a conflict between a general an d a specific standard of performance or performance criter ia, the specific standard or c riteria shall prevail over the general.
(b) Design Professional represents that (1) it has thoroughly i nvestigated and considered the work to be perfo rmed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully consider ed how the work should be performed, and (4) it understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply wi th all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreemen t. Design Profe ssional shall o btain any and all licenses, permits and authorizations necessary to perform the S ervices set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equi ty, as a result of any failure of Design Professional to comply with this section.

SECTION 11. PREVA ILING WAGE LAWS.

It is the understanding of City a nd Design Professional that Ca lifornia prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates purs uant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, fac ilities, streets or sewers

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done under contract and paid for in whole or in part out of pub lic funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Design Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, in cluding based on the race, reli gious creed, color, national origin, ancestry, physical disability, mental disabili ty, medical condition, genetic information, marital status, sex, gender, gender identity, gend er expression, age, sexual orientation, of any person, exc ept as provided under California Government Code section 12940.

SECTION 13. CONFLI CTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any offi cer or principal of its firm, has or shall acquire a ny interest, directly or indire ctly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional 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 M anager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of int erest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose i ts financial interests by completing and fili ng a Fair Political Practices C ommission Form 700, Statement of Economic Interests. If such a determination is ma de, Design Professional shall file the subject Form 700 with the City Clerk’s Office pu rsuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowled ges that Design Professional is, as of the date of execution of this Agr eement, independently involved in the performance of non- related services for other gov ernmental agencies and private pa rties. Design Professional is unaware of any s tated position of City relative to such projects. Any future position of City on such projects shall not be considere d a conflict of interest for purposes of this section.
(d) City understands and acknowled ges that Design Professional will, perform non-related services for other governmental agencies and privat e parties following the completion of the Services under this Agreement. Any such futu re service shall not be considered a conflict of interest for purposes of this section.

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SECTION 14. CONFIDENT IAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design P rofessional in performance of this Agreement s hall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written autho rization from the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or sub contractors, shall not, without prior written authorization from the City Ma nager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to inte rrogatories or other informatio n concerning the work performed under this Agreement. Response to a subpoena or cour t order shall not be considered "voluntary" provided D esign Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product i n violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, co sts and fees, including attorne y’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Desig n Professional, its officers, employees, agents or subcontractors be served wit h any summons, complaint, subpoena, notice of deposition, request for document s, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunde r. City retains the right, but has no obligation, to represent Desig n Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City wit h the opportunity to review an y response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, d irect, or rewrite said response.

SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Pr ofessional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“I ndemnified Parties”) from and against any and all claims. actions and proceedings (whethe r at law or equity, administrative or judicial), demands, orders, judgments, losses , liabilities, damages, costs and expenses, including attorney’s fees and costs, (colle ctively "Claims") to the extent same arise out of, pertain to, or relate to the negligen ce, recklessness, or willful misconduct of the Design Professi onal, its officers, agents, em ployees or sub- consultants (or any entity or i ndividual that Design Profession al shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the

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event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other de sign professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable t o pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defen s e c o s t s . T h e provisions of this section perta ining to Design Professional’s duty to defend shall not apply if there is a project-specific general liability policy o f insurance that insures all project participants for general liability exposure on a primar y basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontra ctors. Design Professional agrees to obtain executed indemnity agreements wit h 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 behal f of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnit ees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requ irements 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 Design Professional and shall survive the ter mination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply 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 16. INSURANCE.

Design Professional 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. A ll 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. Design Professional agrees to provide City with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The knowledge and skill of Design Professional are material con siderations for this Agreement. City has an inte rest in the qualifications and capability of the persons and entities who will fulfill t he duties and obligations impose d upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreem ent or the performance

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of any of Design Professional’s duties or obligations under thi s Agreement without the prior written consent of the Cit y. Any attempted assignment sh all be ineffective, null and void, and shall constitute a material breach of this Agreem ent entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreem ent.” City acknowledges, howe ver, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUI TY OF PERSONNEL.

Design Professional shall make every reasonable effort to maint ain the stability and continuity of Design Profe ssional’s staff and subcontractor s, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, a t any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professiona l or City fail to perform any m aterial obligation under this Agreement, then, in addi tion to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agr eement by either Design Profess ional or City, all property belonging exclusively to City which is in Design P rofessional’s possession shall be returned to City. Desi gn Professional shall furnish t o City a final invoice for work performed and expenses incurred by Design Professional, pr epared as set forth in Section 4 “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 4 “Compensation and Method of Payment” of this Agreement.

SECTION 20. DEFAULT.

In the event that Design Professional is in default under the t erms of this Agreement, the City shall not hav e any obligation or duty to co ntinue compensating Design Professional for any work performed after the date of de fault. Instead, the City may give notice to Design Prof essional of the default and the r easons for the default.

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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 invoice s during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver o f the City’s legal rights or a ny rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to p erform due to causes beyond the control of Design Professional. Such causes include , but are not limited to, acts of God, acts of the public e nemy, acts of federal, state o r local governments, acts of City, court orders, fires, floods, epidemics, strikes, embar goes, and unusually severe weather. The term and price of t his Agreement shall be equitab ly adjusted for any delays due to such causes.

SECTION 22. COOPER ATION BY CITY.

All public information, data, rep orts, records, and maps as are existing and available to City as public records, and which are necessary fo r carrying out the Services shall be furnished to Des ign Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 23. NOTICES.

All notices required or permitted to be given under this Agreem ent shall be in writing and shall be personally de livered, or sent by telecopie r 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 Design Professional: HR Green Pacific, Inc.

Attn: Tim Hartnett
46651 Village Court, Suite 123
Palm Desert, CA 92260

Notice shall be deemed effective on the date personally deliver ed or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

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SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Des ign Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the p erformance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be adminis tered and executed by the City Manager or his or her designated representativ e. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, inclu ding amendments that commit additional funds, consistent with Section 27 “Amendment” a n d t h e C i t y Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 26. BI NDING EFFECT.

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

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City . The City Manager shall have the authority to approv e any amendment to this Agree ment if the total compensation under this Agreemen t, as amended, would not exceed t h e C i t y Manager’s contracting authority under the Cathedral City Munici p a l C o d e . A l l o t h e r amendments shall be approved by the City Council. The Parties a gree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. 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 Agr eement 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 Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

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of litigation in a U.S. District Court, venue shall lie exclusi vely in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enfo rce or interpret any provision of this Agreement, t he prevailing Party in such litig ation 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 31. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C" , is the entire, complete, final and exclusive expression of the Parties with re spect to the matters addressed therein and supersedes a ll other agreements or unders tandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. N o statements, repr esentations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declare d or determined by any court of competent jurisdiction to be invalid, void or unen forceable, the remaining 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 33. CONFLI CTING 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 HR GREEN PACIFIC, INC.
__________________________ ___________________________
Charles P. McClendon By: Timothy Hartnett
City Manager Its: Vice President & Principal-in-Charge

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ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIAT E ATTESTATIONS SHALL BE

INCLUDED AS MAY BE R EQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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Attachment: Design Professional Services Agreement - HR Green Pacific, Inc (3480 : Award PSA with HR Green for the Date Palm Pavement 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 th e 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

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Attachment: Design Professional Services Agreement - HR Green Pacific, Inc (3480 : Award PSA with HR Green for the Date Palm Pavement 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 th e 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.

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above

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-1
EXHIBIT "A"

SCOPE OF SERVICES
 Research project information;
 Identifying locations (up to ten) to obtain core samples of the existing pavement to establish depth of AC pavement and aggregate base material. The City will provide geotechnical services to prepare these samples at no cost to the designer;
 Prepare Plans, Specifications and Engineer’s Estimates (PS&E) for both the:
o Pavement rehabilitation of Date Palm Drive between Ramon Road and Gerald Ford Drive;
o Concrete approach lanes at the intersection of Date Palm Drive and 30th Avenue.
o Evaluate all intersections through the length of the project and identify those that may require concrete approach lanes.
o Review drainage along the entire length of the project, identify any challenges and design improvements,
 Sidewalk upgrades; ADA compliant ramps, and hardscape;  Prepare street improvement and signing and striping plans;  Prepare construction cost estimate;
 Prepare project bid document;
 Coordinate with the City staff in preparation of the PS&E package,  Provide bid support services for the project,
 Provide recommendations for new PCC bus pads at bus stops along project limits.
 Attend a minimum of two community meetings with local residents, elected officials, and any concerned citizens to introduce the project and incorporate comments in design (if necessary).

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B - 1
EXHIBIT "B"

COMPENSATION

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Page 1 ends

Date Palm Drive Pavement Rehabilitation | City of Cathedral City

0.004970556 0.056150431 0.202192099 0.369758802 0.305192125 0.011609196 0.050126791 0.63 $ 10% 15% Hartnett, Timothy Loriso, Stephen Keys, Chase Garcia, Jennifer Pangco, Monica Ann Castaneda, Berlyn Teh, Langdon

TASK DESCRIPTION OF TASK PIC QA/QC PROJ

MGR PROJ ENGR STAFF
ENG TECH. TECH. Reimbursables Sub
Contractor
Unit Total Total Total
PHASE 1 PROJECT MANAGEMENT AND COORDINATION/COMMUNITY OUTREACH 22,631.00$ 1,165.00$ -$ 2 3,796.00$ 2 11 46 54 1 13 1 264.00 165.00 - PHASE 2 UTILITY COORDINATION 5,360.00$ -$ -$ 5 ,360.00$ 0028 0 0 5 2 - - Utility Notification Letters (3) 2,560.00$ -$ -$ 2, 560.00$ 28 12 -$ Plot Existing Utilities 2,800.00$ -$ -$ 2, 800.00$ 40 -$ PHASE 3 DATA COLLECTION 7,728.00$ 5 5.00$ 31,561.75$ 39,344.75$ 004 2 81 6 06 55.00 27,445.00 Existing Documentation Research 1,080.00$ -$ -$ 1, 080.00$ 4 6 -$ Topographic Survey 1,060.00$ -$ 31, 561.75$ 32,621.75$ 24 -$ 27,445.00 Fomotor Field Reconnaissance 4,528.00$ 5 5.00$ -$ 4, 583.00$ 16 16 88 55.00$ Geotechnical Investigation Recommendations 1,060.00$ -$ -$ 1, 060.00$ 24 -$ PHASE 4 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 90%, AND FINAL) 70,492.00$ 527.50$ -$ 7 1,019.50$ 0 20 48 136 274 0 26 27.50 - Improvement Plans 56,532.00$ 500.00$ -$ 57, 032.00$ 32 104 264 26 -$ 500.00 Title Sheet -$ -$ -$ -$ -$
Details and Typical Sections -$ -$ -$ -$ -$
Street Improvement Sheets -$ -$ -$ -$ -$
Signing and Striping Sheets -$ -$ -$ -$ -$
Contract Documents 5,020.00$ -$ -$ 5, 020.00$ 6 16 10 -$ EOPC 1,720.00$ -$ -$ 1, 720.00$ 28 -$
Field check with client 2,920.00$ 2 7.50$ -$ 2, 947.50$ 88 44 27.50$ QA/QC 4,300.00$ -$ -$ 4, 300.00$ 20 -$
PHASE 5 BIDDING AND CONSTRUCTION SUPPORT 12,488.00$ -$ -$ 1 2,488.00$ 0 0 20 40 16 0 0 - - Bid Support 2,120.00$ -$ -$ 2, 120.00$ 48 -$
Construction Support 8,480.00$ -$ -$ 8, 480.00$ 16 32 -$ Prepare As-Built Record Drawings 1,888.00$ -$ -$ 1, 888.00$ 16 -$ 152,008.25$
Mileage AutoODC Task Total Subs Task Total Task Total

EXPENSES
TOTAL HOURS 824
TOTAL LUMP SUM DESIGN FEE:

Subcontractors

COST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total

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$ 295.00 $ 215.00 $ 200.00 $ 165.00 $ 118.00 $ 106.00 $ 70.00 590.00$ 1,720.00$ 10,000.00$ 18,480.00$ 21,712.00$ - $ 3,920.00$ 56,422.00$ 1,387.50 $ 31,625.00$ 89,434.50$

0.010456914 0.030484563 0.17723583 0.327531814 0.384814434 0 0.069476445 0 .63 $ 10% 15% Hartnett, Timothy Loriso, Stephen Keys, Chase Garcia, Jennifer Pangco, Monica Ann Castaneda, Berlyn Teh, Langdon

TASK DESCRIPTION OF TASK PIC QA/QC PROJ

MGR PROJ ENGR STAFF
ENG TECH. TECH. Reimbursables Sub
Contractor
Unit Total Total Total
PHASE 1 PROJECT MANAGEMENT AND COORDINATION/COMMUNITY OUTREACH 9,350.00$ 1,082.50$ -$ 10,432.50$ 2 0 24 24 0 0 0 132.00 82.50 - PHASE 2 UTILITY COORDINATION 2,800.00$ -$ -$ 2,800.00$ 0 0 0 0 0 0 40 - - Utility Notification Letters (3) -$ -$ -$ -$ - $ Plot Existing Utilities 2,800.00$ -$ -$ 2,800.00$ 40 - $ PHASE 3 DATA COLLECTION 3,724.00$ 27.50$ 31,625.00$ 35,376.50$ 0 0 4 12 8 0 0 27.50 27,500.00 Existing Documentation Research -$ -$ -$ -$ - $ Topographic Survey 730.00$ -$ 31,625.00$ 32,355.00$ 2 2 - $ 27,500.00 Fomotor Field Reconnaissance 2,264.00$ 27.50$ -$ 2,291.50$ 8 8 44 27.50 $ Geotechnical Investigation Recommendations 730.00$ -$ -$ 730.00$ 2 2 - $ PHASE 4 PLANS, SPECIFICATIONS, AND ESTIMATES (60%, 90%, AND FINAL) 38,660.00$ 277.50$ -$ 38,937.50$ 0 8 22 76 160 0 16 27.50 - Improvement Plans 33,760.00$ 250.00$ -$ 34,010.00$ 16 64 160 16 - $ 250.00 Title Sheet -$ -$ -$ -$ - $
Details and Typical Sections -$ -$ -$ -$ - $
Street Improvement Sheets -$ -$ -$ -$ - $
Signing and Striping Sheets -$ -$ -$ -$ - $
Contract Documents -$ -$ -$ -$ - $
EOPC 1,720.00$ -$ -$ 1,720.00$ 2 8 - $
Field check with client 1,460.00$ 27.50$ -$ 1,487.50$ 4 4 44 27.50 $ QA/QC 1,720.00$ -$ -$ 1,720.00$ 8 - $
PHASE 5 BIDDING AND CONSTRUCTION SUPPORT 1,888.00$ -$ -$ 1,888.00$ 0 0 0 0 16 0 0 - - Bid Support -$ -$ -$ -$ - $
Construction Support -$ -$ -$ -$ - $
Prepare As-Built Record Drawings 1,888.00$ -$ -$ 1,888.00$ 16 - $ 89,434.50$ TOTAL ADDITIONAL LUMP SUM DESIGN FEE TO EXTEND LIMITS TO GERALD FORD DRIVE:

Mileage AutoODC Task Total Subs Task Total Task Total

EXPENSES
TOTAL HOURS 412
Subcontractors

C OST PER HOUR/UNIT (CHARGE-OUT RATE)

TOTAL LABOR COST

TOTAL PROJECT COSTS
% OF TOTAL LABOR COST
Labor Task Total

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EXHIBIT "
C"

INSURANCE
A. Insurance Coverages. Service Provider shall provide and ma intain insurance, acceptable to the City, in full force and effect thr oughout 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 Service s by Service Provider, its agents, representatives or employees. Service Provider shall p rocure 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 occur rence basis to protect Service P rovider 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 th e 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 per son, 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 consid ered equivalent to the said required minimum limits. Coverage shall be at least as br oad as Insurance Services Office form number CA 0001 covering Automobile Liabili ty, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

X Workers’ Compensation Insurance: Workers’ Compens ation 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, and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employ ee of Service Provider participating under this Agreement, Ser vice Provider is to 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

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$1,000,000 per claim. This coverage may be written on a “claim s made” basis. The professional liabilit y insurance required by this Agreement mus t be endorsed to be applicable to claims based upon, arising out of or related to S ervices performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services o r the termination of this Agreement. During this additional three (3) year period, Servi ce Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

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

1. All Coverages.
a
. E a c h i n s u r a n c e p o l i c y required by this Agreement shall be endorsed and state that thirty ( 30) days prior written notice s hall be provided to the City if the coverage is canceled, with a ten (10) day exception for non-payment of premium. b . I n s u r a n c e i s t o b e p l a c e d w i t h i n s u r e r s w i t h a c u r r e n t A .M.

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

2. Commercial General Liability and Automobile Liability Coverages. a
. C i t y , and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as ad ditional 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 s pecial limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b . S e r v i c e P r o v i d e r ’ s i n s u r a n c e c o v e rage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-ins urance maintained by City, and its respective elected and appointed officers, offici als, employees or volunteers, shall apply in exce ss of, and not contribute with, Service Provider’s insurance.
c . S e r v i c e P r o v i d e r ’ s i n s u r a n c e s h a l l a p p l y separately to each insured against whom claim is made or suit is brought, except w ith respect to the limits of the insurer's liability.
d . T h e i n s u r e r w a i v e s a l l r i g h t s o f s u b rogation against the City, its elected or appointed officers, officials, employees or agents.

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C - 3

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive a ll 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. Servic e Provider agrees to deposit wit h City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisio ns of this contract have been c omplied with. The City may require that Service Provider furnish City with copies of o riginal endorsements effecting coverage required by this Exhibit “C”. The certifica tes and endorsements are to be signed by a person authorized by that insurer to bind cov erage 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 endorsemen ts from each sub-contractor identical to those Service Provider provides.

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

3. The procuring of such requi red policy or policies of insur ance shall not be construed to limit Servi ce Provider’s liability hereunde r nor to fulfill the indemnification provisions and requirements of this Agreement.

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Cathedral City Page 1 of 2 Printed on 11/3/2022

Staff Report

City Council

Item No. 7.D

Meeting Date: November 9, 2022
From: John Corella, Director of Engineering/Public Works Title: Proposal with Verde Design for Second Street Dog Park Conceptual Plan

City Council

RECOMMENDATION:

To approve a proposal with Verde Design, Inc. in the amount of $13,340 for a Conceptual Design Plan for the Second Street Dog Park; and, authorize the Director of Engineering/Public Works to execute the proposal.

BACKGROUND:

Earnest discussions regarding dog parks during the Parks and Community Events (PACE) Commission meetings, PACE’s Priority Requests process, the City Council’s annual goal setting and the City Council’s Fiscal Years 2021/22 and 2022/23 Budget process, provided clear direction for the focus to be on two (2) dog parks for the City.

One dog park to be in the northern part of the City within the existing Panorama Park land space and the other located in the location of the former Second Street Park. In the spring of 2022, the Panorama Dog Park was completed and is in daily operation.

Constructing a dog park at the former Second Street Park property is a logical choice which may reduce overall construction costs by using existing infrastructure at the location that may reduce full ground up construc tion costs . At this location, frontage improvements were improved with the reconstruction of Buddy Rodgers Avenue in conjunction with the construction of the Agua Caliente Casino Project. Even though a portion of the Second Street Park property was utilized for the City’s new Fire Station 411, there is sufficient land to repurpose.

Currently, the funding for the construction of The Second Street Dog Park (Project) is limited to $250,000 as approved in the City’s Fiscal Years 2021/22 and 2022/23 Parks Improvement and Maintenance Plan under Park Upgrade Projects . Rough estimates indicate that at least $1.0 million will be needed to complete a good dog park project at this location.

City Staff determined if there was a conceptual plan developed for cons tructing the Dog Park, Staff would be able to determine a more accurate construction estimate. This

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conceptual plan and estimate will in turn serve as the basis for discussions with potential funding partners, e.g. the Agua Caliente Band of Cahuilla Indians (ACBCI) and/or other organizations that may want to provide participatory monetary support for the Project. This plan and estimate will also provide a basis for seeking grant funding to support the Project as well.

DISCUSSION:

City Staff needs a good conceptual plan of the Project to be able to a construction cost estimate. To complete this task, Staff solicited Chris Giannini of Verde Design, Inc. (Verde) to provide the plan and estimate. Mr. Giannini was the designer of our award - winning Ocotillo Park, the Panorama Dog Park, and is currently d esigning the Dream Homes Park. Mr. Giannini also completed the initial concept designs for the Cathedral City Community Amphitheater Park prior to joining Verde.

Mr. Giannini was asked for the cost of a co nceptual design and drawings with the understanding the scope of the work will include a park for small dogs, a park for large dogs and site furnishings , parking lot and, if space allows, pickleball court(s) within the Project site limits. Additional trees, shade structures and new walkways connecting the path of travel to the dog park will be included . Relocation, removal and/or protection of existing structures, fencing, lighting will be reviewed for options to maintain in place, reuse, relocate and/or remove.

Staff requested conceptual plans to include only general layouts of softscape areas, hardscape areas, and location of proposed furnishings and trees. Staff also requested a list of materials and furnishings with manufacturer and model suggestion s. Verde Design understands the City will be handling future construction and no construction documents or construction support will be necessary.

Verde provided a proposal in the amount of $13,340 , which will include a site visit, to accomplish the abo ve cited tasks and the specific Scope of Services . These are included in the attached proposal.

Staff is requesting City Council authorize the Director of Engineering/Public Works execute the proposal to initiate this conceptual design work.

FISCAL IMPACT:

The Second Street Dog Park was included in the FY 2021/2022 and 2022/2023 biennial budget as one of the Park Upgrade Projects. The conceptual design work task in the amount of $13,340 will be funded from available Engineering Department FY 2022/2023 Professional and Technical Services 100-100-150-156-8600-8601 funds.

ATTACHMENTS:

Second Street Park Proposal

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October 12, 2022

Cathedral City Public Works
Attn: John Corella, Director of Engineering
Delivered via electronic mail

SUBJECT: Second Street Park

Dear John,

Verde Design is pleased to submit the following proposal to provide design and conceptual drawings on the above referenced project. This proposal shall remain valid for a period of ninety (90) days.

PROJECT UNDERSTANDING:

We understand that the scope of work will include the conceptual planning for a dog park with separated areas for small and large dogs, site furnishings, a parking lot, and possibly a pickleball court (if space allows) within the limit of work shown below that was once occupied by a softball field. Exact limits, size, and location of the dog park and park elements will be determined during programming and the collaborative design process. Additional shade trees, shade structures and new walkways will be included.

We understand that the existing building on site will remain and be re-used. Existing field fencing and lighting will be protected and re-used if possible or perhaps re-purposed for use elsewhere if the materials are deemed valuable and re-use is deemed feasible. Relocation, removal, or protection of existing elements will be noted.

The requested conceptual plans will include only a general layout of softscape areas, hardscape areas, and locations of any proposed site furnishings and trees. We will also provide a list of materials/site furnishings with manufacturer and model information. We understand that the City will be handling the construction documents and construction support for this project.

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October 12, 2022

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SCOPE OF SERVICES
Verde Design proposes the following detailed scope of work for the above stated understanding of the project.

A. Analysis / Conceptual Design

1. Visit the site and review record drawings to investigate existing conditions. Set up CAD drawings preferably with base or aerial topo survey provided by the City relative to our scope of work. If an AutoCAD file of the existing topographic survey is not available, we will use an aerial photographic image as our base. The accuracy of our layout will be dependent upon the accuracy of the base information that is available to us.

2. Prepare and provide a preliminary design concept for review and approval. Conceptual plan will include placement and limits of the dog park (softscape/hardscape layouts), parking lot, new walkways, proposed site furnishings, shade structures, any relocation/removal/protection of existing site elements, preliminary planting palette and possibly a pickleball court.

3. Zoom meeting to discuss and review the initial design.

4. Refine the preferred design concept for the project improvements based on the input received and provide colored 2D rendering with a materials legend for final design.

5. Prepare – Preliminary Cost Estimate – Rough Order of Magnitude (ROM)

6. Present final conceptual plan at final Zoom meeting.

Additional Meetings: We will attend any additional meetings requested by Cathedral City Public Works throughout the process. Additional meetings will be billed at cost in accordance with the attached Charge Rate Schedule in addition to the stated fee.

CLIENT RESPONSIBILITIES
To complete the items described in Scope of Services above, we request that Cathedral City Public Works provide the following information:

1. Any available construction or record drawings of the existing project area.

2. Any available Digital Survey and CAD base files for the project area

3. Improvement drawings prepared but not yet constructed (if any)

SPECIAL PROVISIONS
For the purposes of clarity, the following items are specifically not included in the Scope of Services:

1. Meetings other than those listed.

2. 3-D Renderings and Fly Thru Models

3. Project design documentation or costing in addition to what is noted above

4. Electrical, Geotechnical, and Structural engineering services

5. Topographic Survey and Underground Utility Survey 6. Construction Drawings or Project Specifications

7. Environmental Review or CEQA documents.

8. SWPPP plan preparation

9. Existing conditions plan

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October 12, 2022

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Services will be diligently pursued, and every reasonable effort will be made to meet the mutually agreed upon schedule. If the completion of the services is delayed at any time in the progress of the work undertaken in this Agreement by conditions beyond the control of the Consultant; including but not limited to: strikes, lockouts, labor disputes, or the inability of District, their consultants, utility companies, or jurisdictional agencies to provide required information, processing or direction; the time of completion shall be extended during such period and Consultant shall be held harmless from any and all claims arising out of such delay.

PROFESSIONAL COMPENSATION
For the above proposed Scope of Services that is based on our project understanding, Verde Design respectfully proposes the following lump sum fee schedule as identified below. This fee is based on the current hourly rate of the office as defined by our attached current Charge Rate Schedule, as well as the anticipated work effort that will be required to successfully complete this project. The fee will be billed as a percentage complete of specified scope.

Analysis /Conceptual Design $13,340

Billings will be in accordance with the attached current Charge Rate Schedule, and additional services will be charged on a negotiated fixed fee or time and material basis as noted on the attached Charge Rate Schedule, per the direction of the District. Our fee above includes mileage for one site visit. We are assuming that our deliverables will be digital and will not require printing fees. If there are Reimbursable charges for printing, mailing and mileage in addition to what is assumed, the fee will be noted and will be billed on a time and materials basis.

CHANGE IN SERVICES
Cathedral City Public Works may order changes in scope or character of service, either decreasing or increasing the amount of Consultant's services, and if necessary, changing the character of services. If such changes are ordered, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change.

If additional services including, but not limited to design, plans, renderings, and presentations not included in the Scope of Services are required; or for change s and revisions requested by Cathedral City Public Works after work has been performed, they will be perfo rmed on an hourly charge rate basis as extra work in accordance with the charge rate schedule in effect at the time the services are performed.

TERMINATION OF AGREEMENT
This agreement may be terminated by either party at any point with ten (10) days written notice to the other party in the event of substantial failure of performance, or if the client should deem it necessary or desirable to indefinitely suspend the project.

In the event the project is terminated or indefinitely suspended in the manner herein provided, Verde Design shall turn over copies of all documents completed to that date. Verde Design shall be entitled to compensation up to and including said termination date. Original work shall remain the property of Verde Design.

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BILLINGS AND PAYMENT
Invoices will be sent by the 10th of the month for work completed through the 25th of the previous month.

Payment is due and payable within twenty (20) days. Verde Design, Inc. will bill our fee as a percentage of completion of our scope of work as outlined in our Professional Compensation.

If this proposal meets with your approval, please sign, and return the original to our office, along with a consultant agreement. Thank you again for the opportunity to work with you and your team on this project.

Respectfully Submitted, PROPOSAL APPROVED BY:

Verde Design, Inc. Cathedral City Public Works

Chris Giannini, R.L.A.

Associate /Senior Project Manager Name Date

CC: Verde Design Distribution

Attachment: Current Charge Rate Schedule

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Verde Design, Inc.

Charge Rate Schedule
Effective until December 31, 2023

The following chart outlines the current charge rate for professional and office costs. Reimbursable rates and expenses are shown at the bottom.

Project Rates
Principal $265.00 per hour
Project Manager/Construction Manager
Level Four $250.00 per hour Level Three $230.00 per hour Level Two $185.00 per hour Level One $170.00 per hour Project Engineer
Level II $190.00 per hour Level I $175.00 per hour IT Manager $185.00 per hour CAD Manager $180.00 per hour Project Designer $165.00 per hour
Job Captain/Staff Engineer/Construct ion Administrator $155.00 per hour Draftsperson Level II $150.00 per hour Draftsperson Level I $145.00 per hour Project Administrator $90.00 per hour
Intern $80.00 per hour

Reimbursable Rates
Blueprints, Printing and Reproductions Cost plus 10% Sub Consultant Services Cost plus 10%

Reimbursable Expenses
Blueprints and Reproductions Travel Expenses Photography Parking and Toll Expenses Models and Renderings Permit Fees
Postage/Overnight Mail Service Courier Delivery Service

June 20, 2022

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Staff Report

City Council

Item No. 7.E

Meeting Date: November 9, 2022
From: John Corella, Director of Engineering/Public Works Title: Award of a Professional Services Agreement with NCE Inc. for the development of a Cathedral City Pavement Managem ent Program

City Council

RECOMMENDATION:

To approve a Professional Services Agreement with NCE, Inc., to prepare and develop a Cathedral City Pavement Management Program, in a not -to-exceed amount of $76,143.00; and authorize the City Manager to execute all required contract documents.

BACKGROUND:

Pavement Management Programs are a widely implemented asset management tool to improve the maintenance and rehabilitation of local streets for cities in California and throughout the United States. Utilizin g many years of academic research and studies, pavement management programs analyze pavement life cycles and existing pavement conditions to optimize and more systematically determine timing, priorities, and cost - effective pavement rehabilitation strategies.

The City’s roadway network is comprised of 155 miles of roads , singularly the City’s largest and most valuable physical asset. Increasing labor and materials costs and limited pavement maintenance budgets make the strategies used on investing these limited resources to manage, maintain, and preserve this asset more effectively critically important.

Currently the City utilizes an inventory of street segments and pavement conditions developed by Engineering S taff 10 years ago to assist in the identification and implementation of the City’s annual street resurfacing and maintenance program.

Development of a Pavement Management Program will improve the process of planning the maintenance and repair of Cathedral City roadway network in a more systematic manner, maximizing pavement life cycle and optimizing the expenditure of the annual road maintenance budget. More specifically, the Pavement Management Program will:

• Provide an inventory and objectively document existing pavement conditions.

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• Provide a da ta driven analysis tool utilizing budget information and pavement conditions to develop alternative maintenance and rehabilitation strategies to improve the selection of annual projects.
• Calculate the Pavement Condition Index (PCI) for the entire street ne twork to better inform decision -makers and more accurately quantify funding impacts of delaying maintenance and rehabilitation work.
• Provide annual recommendations regarding how funds should be allocated and the impacts of annual investment levels on the o verall condition of the road network.
• Provide recommendations to better inform decision -makers on the most cost - effective use of available funding.

City Engineering Staff are proposing the information cited above will be utilized to assist in developing a comprehensive 5 -year pavement maintenance and rehabilitation strategy for implementation and ultimately for City Council to review and approval as part of the development of the bi ennial projection for the five -year Capital Improvement Project (CIP) plan.

DISCUSSION

A Request for Proposal (RFP) was issued on September 23, 2022, requiring consultant qualifications, including but not limited to, a minimum or 5 years’ experience in developing, implementing, and performing road maintenance updates utilizing enterprise pavement management software common to the industry such as StreetSaver or equivalent.

The selected consultant will be required to perform the following services:

• Conduct pavement distress surveys.
• Audit existing pavement inventory for accuracy and consistency. • Establish pavement maintenance strategy criteria for evaluation and programming purposes.
• Analyze and determine annual investment level impacts to overall pavement network condition and maintenance backlogs.
• Prepare programming and funding recommendations based upon various budget scenarios.

On October 13, 2022, the City received six (6) proposals in response to the RFP. The proposals were evaluated following the guidelines established in the RFP. Proposals were received from the following companies:

Infrastructure Management Services, LP (IMS) Tempe, AZ NCE Engineering and Environmental Services, Inc. Fountain Valley, CA Harris and Associates, Inc. Concord, CA
Applied Research Associates, Inc. (ARA) Ventura, CA
Bucknam Infrastructure Group, Inc. Oceanside, CA
HR Green Inc. Palm Desert, CA

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The Evaluation Committee was composed of Cathedral City Staff ( Director of Engineering/Public Works, City Engineer and Assistant Engineer) and Michael Kashiwagi as contract staff having prepared the RFP.

The qualifications of all firms substantiated significant experience, but there was a consensus that, based upon the experience and qualifications, NCE Inc. is best suited for the development of the City’s Pavement Management Program.

NCE will provide the City with an updated inventory of the City’s current pavement network, recommendations for future road maintenance and rehabilitation strateg ies, and a five-year work plan based on funding availability and asphalt treatment scenario s.

NCE will also provide 40 hours of technical support and software training on the StreetSaver software program for Staff , as well as a presentation to the City Council when completed. It is anticipated that the overall timeline to complete the Pavement Management Program will be seven months.

City Engineering Staff is requesting City Council approve a Professional Services Agreement with NCE, Inc., to prepare and develop a Cathedral City Pavement Management Program, in a not-to-exceed amount of $76,143.00; and authorize the City Manager to execute all required contract documents.

FISCAL IMPACT

The Professional Services Agreement with NCE, Inc. for the Pavement Management Program will be funded from the Engineering Departments available FY2022/23 Professional and Technical Services account # 100-100-150-156-8600-8601.

ATTACHMENTS:

NCE - Proposal
Design Professional Services Agreement - NCE, Inc.

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
NCE, INC.

This Agreement for Design Prof essional Services (“Agreement”) i s entered into as of November 9, 2022 (“Effecti ve Date”) by and between the Ci ty of Cathedral City, a municipal corporation (“City”) and NCE, Inc. (“Design Professio nal”). City and Design Professional are sometimes herei nafter 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 the engineering services defined and described particularly in Section 2 of this Agreement.

B. Design Professional, followi ng 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. Design Professional was sele cted by the City on the basis of Design Professional’s demonstrated co mpetence and the professional qua lifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedr al City’s Municipal Code, City has authority to enter into this Design Profe ssional Services Agreement and t he City Manager has authority to execute this Agreement.

E. The Parties desire to formaliz e the selection of Design Prof essional for performance of those services def ined and described particularl y i n S e c t i o n 2 o f t h i s Agreement and desire that the terms of that performance be as p articularly defined and described herein.

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Se ction 19 "Termination of Agreeme nt" of this Agreement, the Term of this Agreement is for two (2) years comm encing on the Effective Date.

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SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform t he 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 p ursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional 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 Design Profe ssional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Six Thousand One Hundred Forty Three dollars ($76,143), unless additional compensation is approved in writing in accordanc e with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Design Professional contracts. Sub-Design Professional charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task per formed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City,

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the original invoice shall be re turned by City to Design Profes sional for correction and resubmission.
(c) Except as to any charges for work performed or expenses inc urred by Design Professional which are disputed by City, City will use i ts best efforts to cause Design Professional to be paid within thirty (30) days of recei pt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Profession al for work performed pursuant to this Agreement shall not be deemed to waive any defects in work perf ormed by Design Professional.

SECTION 5. INSPECTION A ND FINAL ACCEPTANCE.

All original maps, models, desi gns, drawings, photographs, stud ies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing th e Services pursuant to this Agreement shall become the sole property of City and may b e used, reused or otherwise disposed of by City without the permission of the Des ign Professional. Upon completion, expiration or termi nation of this Agreement, Design Professional shall turn over to City all such original m aps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a whol ly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any oblig ation, debt or liability of any kind on behalf of or against City, whether by contract or o therwise, unless such authority is expressly conferred under this Agreement or is oth erwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’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 Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, e mployees, or agents are in any manner officials, officers, employees or agents of City.

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SECTION 9. STANDARD OF PERFORMA NCE; FAMILIARITY WITH WORK. (a) Design Professional represents that it has the qualificatio ns, knowledge, skill, and facilities necessary to properly perform the Service s required under this Agreement in a thorough, compet ent and professional manner cons istent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same location or similar locality. Design Professional shall at all times competently perform all Service s. In meeting its obligations under this Agreemen t, Design Professional shall emp loy, at a minimum, generally accepted standards and pr actices utilized by persons engaged in providing services similar to the Services required of Design Professiona l under this Agreement.

In addition to the general standar ds of performance set forth t his section, additional specific standards of performanc e and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Pro fessionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criter ia, the specific standard or c riteria shall prevail over the general.
(b) Design Professional represents that (1) it has thoroughly i nvestigated and considered the work to be perfo rmed, (2) it has investigated th e issues, regarding the scope of services to be provided, (3) it has carefully consider ed how the work should be performed, and (4) it fully understands the facilities, difficu lties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

SECTION 11. PREVA ILING WAGE LAWS.

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SECTION 12. NONDISCRIMINATION.

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SECTION 15. INDEMNIFICATION.
(a) With respect to its operations, other than the performance of design professional services and to the full extent permitted by law, Design Professional agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either jud icial, administrative, arbitration or regulatory clai ms, damages to persons or propert y, losses, costs, penalties, obligations, errors, omissions or liabilities whethe r actual or threatened (herein “claims or liabilities”) that may be asserted or claime d by any person, firm or entity arising out of or in c onnection with the negligent perfo rmance of the work, operations, or activities provided herein of Design Professiona l, its officers, employees, agents, subcontractors, or invitees, or any individual or entit y for which Design

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Professional is legally liable (“indemnitors”), arising from Design Professional’s reckless or willful misconduct, or arising from Design Professional’s or indemnitors’ negligent performance of or failure to perform any term, provision, coven ant, or condition of this Agreement, and in connection therewith:
(i) Design Professional will defend any action or actions file d in connection with any of said claim s or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (ii) Design Professional will prom ptly pay any judgment rendere d against the City, its officers, agents, or employees for any su ch claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activi ties of Design Professional here under; and Design Professional agrees to save and hold the City, its officers, ag ents, and employees harmless therefrom;
(iii) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against D esign Professional for such damages or other claims arising out of or in connection wi t h t h e n e g l i g e n t performance of or failure to perform the work, operation or act ivities of Design Professional hereunder, Design Professional agrees to pay to th e City, its officers, agents, or employees, any and all costs and expenses incurred b y the City, its officers, agents, or employees in such act ion or proceeding, including bu t not limited to, legal costs and attorneys’ fees.
(b) With respect to its operations in the performance of Servic es to be performed by a “design professional,” as that term is defined u nder Civil Code Section 2782.8, Design Professional agrees to indemnity, defend, and ho ld harmless the City, its officers and employees, from and against liability for dama ges to the extent caused by Design Professional’s, reckl essness, negligent acts, errors or omissions, or willful misconduct in the performance of services under this Agreement, except such loss or damage caused by the negligence or willful misconduct of the Ci ty. Design Professional has no obligation to pay any a mount that exceeds Design Profes sional’s finally determined percentage of liabilit y based upon the comparative f ault of Design Professional, except as provided in Civil Code Section 2782.8(a) and (e). (c) City's Negligence. The provisions of this section do not ap ply to claims occurring as a result of the City’s negligence. The provision of this section shall not release City from liability aris ing from gross negligence or wi llful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

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so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of D esign Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulf ill the duties and obligation s imposed upon Design Professional under this Agreemen t. In recognition of that inte rest, Design Professional shall not assign or transfer th is Agreement or any portion of t his Agreement or the performance of any of Design Pro fessional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted a ssignment shall be ineffective, null and void, and shall constitute a material bre ach of this Agreement entitling City to any and all remedies at law or in equity, inc luding termination of this Agreement pursuant to Section 19 “Termination of Agreement.” C ity acknowledges, however, that Design Professional , in the performance of its du ties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUI TY OF PERSONNEL.

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SECTION 20. DEFAULT.

The notice shall include the time frame in which Design Professi onal may cure the default. This timeframe is presu mptively thirty (30) days, but may be extended, though not reduced, if circumstances warr ant. During the period of ti me that Design Professional is in default, the City shall hold all invoices an d 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 invoice s during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver o f the City’s legal rights or a ny rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

SECTION 22. COOPER ATION BY CITY.

SECTION 23. NOTICES.

To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

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To Design Professional: NCE, Inc.

Attn: Margot Yapp, P.E.
17050 Bushard St. Suite 200
Fountain Valley, CA 92708

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Des ign Professional represents and warrant s that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the p erformance of its obligations hereunder.

SECTION 25. ADMINISTRAT ION AND IMPLEMENTATION.

This Agreement shall be adminis tered and executed by the City M anager or his or her designated representativ e. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, inclu ding amendments that commit additional funds, consist ent with Section 27 “Amendment” a n d t h e C i t y Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 26. BI NDING EFFECT.

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

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Desi gn Professional and by the City . The City Manager shall have the authority to approv e any amendment to this Agree ment if the total compensation under this Agreemen t, as amended, would not exceed t h e C i t y Manager’s contracting authority under the Cathedral City Munici p a l C o d e . A l l o t h e r amendments shall be approved by the City Council. The Parties a gree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term, condition, o r covenant of this Agreement shall not constitute a waiver of any other term, cond ition, or covenant.

Waiver by any Party of any breach of the provisions of this Agr eement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or

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violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed acc ording to the laws of the State of Californi a. In the event of litigation be tween the Parties, venue in state trial courts shall lie exclusively in the County of River side, California. In the event of litigation in a U.S. District Court, venue shall lie exclusi vely in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enfo rce or interpret any provision of this Agreement, t he prevailing Party in such litig ation or other proceeding shall be entitled to an award of reasonable attorney's fees, co sts and expenses, in addition to any other relief to which it may be entitled.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C" , is the entire, complete, final and exclusive expression of the Parties with re spect to the matters addressed therein and supersedes a ll other agreements or unders tandings, whether oral or written, or entered into between Design Professional an d City prior to the execution of this Agreement. N o statements, repr esentations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

SECTION 33. CONFLI CTING TERMS.

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

CITY OF CATHEDRAL CITY NCE, Inc.

__________________________ _______________ ____________ Charles P. McClendon By: Margot Yapp, P.E.

City Manager Its: Principal-in-Charge
ATTEST: ___________________________
By:_______________ _________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIAT E ATTESTATIONS SHALL BE

INCLUDED AS MAY BE R EQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

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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, , D a t e 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 th e 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 DOCUM ENT 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

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ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2022 ,
before me, , D a t e 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 th e 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 DOCUM ENT 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

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"

COMPENSATION

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EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider shall provide and ma intain insurance, acceptable to the City, in full force and effect thr oughout 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 p rocure 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 dollar s ($1,000,000) per occurrence and subject to an annual aggregate of two million do llars ($2,000,000).

Coverage shall be at least as broad as Insurance Services Offic e form Commercial General Liability coverage (Occurrence Form CG 0001). There sh all be no endorsement or modification of t he CGL limiting the scope of co verage 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 an y one person, and subject to the same minimum for each per son, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance i n 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 consid ered equivalent to the said required minimum limits. Coverage shall be at least as br oad as Insurance Services Office form number CA 0001 covering Automobile Liabili ty, 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 millio n dollars ($1,000,000) of emplo yers’ liability coverage.

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officia ls, officers, employees, agents and representatives. In t he event a claim under the pro visions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider i s 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

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$1,000,000 per occurrence. This co verage may be written on a “ claims made” basis, and must include coverage for contractual liability. The profe ssional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agre ement. The insurance must be maintained for at least three (3) consecutive years fol lowing the completion of Service Provider’s services or the termination of this Agreemen t. 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 Agre ement shall contain the following provisions:

1. All Coverages.

a . E a c h i n s u r a n c e p o l i c y required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to th is 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 . I n s u r a n c e i s t o b e p l a c e d w i t h i n s u r e r s w i t h a c u r r e n t A .M.

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

2. Commercial General Liability and Automobile Liability Coverages.

a . C i t y , and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as ad ditional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occup ied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no s pecial limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

b . S e r v i c e P r o v i d e r ’ s i n s u r a n c e c o v e rage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-ins urance maintained by City, and its respective elected and appointed officers, offici als, employees or volunteers, shall apply in exce ss of, and not contribute with, Service Provider’s insurance.

c . S e r v i c e P r o v i d e r ’ s i n s u r a n c e s h a l l a p p l y separately to each insured against whom claim is made or suit is brought, except w ith respect to the limits of the insurer's liability.

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d . A n y f a i l u r e t o c o m p l y w i t h t h e reporting or other provisions of the insurance policies, includi ng breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed offi cers, officials, employees or volunteers.

e . T h e i n s u r e r w a i v e s a l l r i g h t s o f s u b rogation against the City, its elected or appointed officers, officials, employees or agents.

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

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Cathedral City Page 1 of 1 Printed on 11/3/2022

Staff Report

City Council

Item No. 7.F

Meeting Date: November 9, 2022
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19

City Council

RECOMMENDATION:

Update on Status of Emergency Proclamation. Possibl e action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

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Cathedral City City CouncilNovember 9, 2022

Cathedral City City Council
November 9, 2022