TOILETS
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Attachment: PSUSD - Construction Staging Plan Letter (3807 : Approval of PSUSD License Agreement for Landau Elementary School for 1 LICENSE AGREEMENT FOR TEMPORARY CONSTRUCTION ACCESS AND STAGING
BY AND BETWEEN
CITY OF CATHEDRAL CITY
AND
PALM SPRINGS UNIFIED SCHOOL DISTRICT
This LICENSE AGREEMENT FOR TEMPORARY CONSTRUCTION ACCESS AND CONSTRUCTION STAGING (this “ License Agreement ” or this “Agreement”) is entered into this 28 day of June 2023, by and between the City of Cathedral City (“City”), a California municipal corporation, and the Palm Springs Unified School District (“District” or “PSUSD”), a California unified school district (collectively “Parties”).
RECITALS
WHEREAS, the City is the owner of property fronting on the north side of Vega Road east of Landau Boulevard in the City of Cathedral City, County of Riverside, State of California (APNs 678030065 through 678030069, inclusive) (the “Property”); and
WHEREAS, PSUSD is proceeding with it s Landau Elementary School campus-wide modernization construction project (the “ Project”) located on the north property line of the Property; and
WHEREAS, the City desires to provide PSUSD with access to and temporary use of the Property, by way of a license agreement for purposes of staging of construction equipment, delivery of construction materials, construction-related parking, and vehicular turnaround subject to the terms and limitations set forth herein.
NOW, THEREFORE, in consideration of the mutual execution and delivery of this Agreement, plus other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the covenants PSUSD expresses herein, agree as follows:
I. GRANT OF LICENSE
The City hereby grants to PSUSD, its employees, contractors, and subcontractors (collectively “PSUSD and Agents ”) responsible for construction or restoration or any related activity as described herein the license, privilege and permission (“the License”) to access and use during the term set forth below, that portion of the Property consisting of approximately 85,260 square feet as depicted in on the Map attached hereto as “Exhibit A” and incorporated herein by reference (the “Site”). The license shall be for the limited purpose of accessing the construction site, for use as a construction staging area (including installation of temporary trailers, sinks and toilets), delivery of construction materials, storage and laydown area, construction-related parking, and vehicular turnaround, subject to the terms and limitations set forth below.
This License Agreement shall cease and be terminated at such time as the Restorations have been accepted by the City in writing, or sooner if terminated pursuant to Article IX of this License Agreement.
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 2 II. TERM
The term of this Agreement shall be for a maximum of forty-eight (48) months, beginning as of the date first set forth above, and concluding when the Restorations, as defined hereinafter, have been accepted by the City (the “Term”).
III. LICENSE FEE
A. PSUSD shall pay to City an annual license fee (“ Annual License Fee”) of forty-six thousand forty dollars ( $46,040.00) (calculated at a monthly rate of $0.045 per square foot) payable in advance on the commencement date and thereafter on the anniversary date of the commencement date in each year during the term.
B. Per the process set forth in Article IX, section D, upon termination of the Agreement, the City shall refund to the District the unused, prorated portion of the Annual License Fee.
IV. DESIGNATION OF PARTIES’ REPRESENTATIVES
The City designates the City Engineer as its authorized representative to receive communication on the City’s behalf with respect to this Agreement. PSUSD designates its Assistant Superintendent of Business Services as its duly authorized representative to act on PSUSD’s behalf with respect to this Agreement. The Parties may designate a different representative so long as the party notifies the other party in writing.
V. NO REPRESENTATIONS BY CITY
PSUSD represents that the City has made no representations with respect to the Property or its condition, and that PSUSD is not relying on any r epresentations of the City or the City’s agents with respect to the use or condition of the property. This License grants PSUSD the privilege and permission to use the property depicted in Exhibit A in its present condition “as is” without any warranties and subject to the conditions set forth herein.
VI. OBLIGATIONS OF PSUSD
A. PSUSD agrees to design and construct, at is sole expense, the site work shown in Exhibit “B”, which shall be constructed according to plans and specifications approved by the City prior to commencing construction activity. Such approval by the City shall not be unreasonably withheld. The restoration of the Site (“Restorations”) shall be completed per the requirements set forth in Article VII, section B and the Restorations plan prepared by the Parties (see Article IX, section D).
B. PSUSD shall, at its sole cost and expense, install and maintain in good condition a six (6)- foot high PM10 chain link fence with windscreen around the perimeter of the construction staging area. The fence shall be installed pursuant to a PM10 plan, approved in advance by the City. Said chain link fence shall contain a shield or barrier that will protect the area outside the Construction Staging Area from debris. The fence shall be secured with one (1) Knox padlocks at the access to the Construction Staging Area from Vega Road to ensure emergency responders’ access.
C. PSUSD agrees to maintain the construction staging area in good condition at all times keeping it free of trash and other debris and shall maintain the construction staging area fence line in a neat and orderly condition.
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 3 D. PSUSD shall obtain a PM10 Permit from the City covering the entire Site and shall implement dust control measurements including soil stabilizer on the construction staging area as well as the unused vacant portion of the City property. A PM10 signage shall be installed and maintained during the entire construction phase of the project.
E. PSUSD Agents shall access the construction staging area from Vega Road only. There shall be no access from Modalo Road.
F. PSUSD understands and agrees that Vega Road s hall remain open and fully accessible to the City and the public at all times during construction.
G. PSUSD Agents shall keep Landau Boulevard and Vega Road free from PSUSD construction debris. Sediment, rock, mud and ot her debris from the PSUSD Project shall be cleaned immediately. As part of its Restorations, PSUSD agrees to repair said streets, curbs, sidewalks, and other public infrastructure to a condition existing prior to the PSUSD Project mobilization.
H. PSUSD agrees to timely comply with any request of City to perform maintenance and repairs to streets, curbs, sidewalks and other city infrastructure damaged by PSUSD or PSUSD’s agents in the course of the Project construction or the required Restorations while the construction project is in progress. This maintenance or repair work shall be performed to the City’s reasonable satisfaction, but the parties agree that this is interim maintenance and need not be completed to the same standards as the Restorations.
I. PSUSD agrees to coordinate all construction and construction staging activity with the City, so as to ensure that normal City operations continue uninterrupted.
J. PSUSD agrees to comply with all City ordinances and other rules and regulations regarding permits and approvals related to construction of the Site and Restorations, as well as those of any other governmental entity having jurisdiction.
K. PSUSD shall have the right to deposit tools, implements, and other materials in the Site and utilize construction, automotive and other equipment thereon when necessary for the purpose of constructing the Project.
L. PSUSD shall ensure that the general contractor for the Project (“Contractor”) procures and maintains in full force and effect for the duration of this Agreement, liability and property damage insurance with a minimum of $1,000,000 (one million dollars) bodily injury, and $1,000,000 (one million dollars) property damage for each occurrence, and $2,000,000 (two million dollars) comprehensive general liability insurance. PSUSD shall ensure that Contractor provides to City a current copy of its policy or policies of insurance, or a certificate of insurance evidencing same, to the City prior to exercising their rights and duties under this Agreement. The City shall be named as an additional insured on all policies required by this License Agreement.
PSUSD shall require Contractor to procure and maintain statutory limits of workers’ compensation insurance coverage, motor vehicle liability insurance, and a minimum of $1,000,000 (one million dollars) employer’s liability insurance for the duration of this Agreement.
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 4 M. PSUSD agrees that neither PSUSD nor any of its agents, contractors, subcontractors, engineers, or employees shall perform any drilling, digging or perforating the ground within the Site without first obtaining City’s prior consent. The City understands that District will be installing fence posts as well as poles for temporary pow er and lighting, and that these improvements are acceptable to City provided the holes created for these structures do not exceed eighteen (18) inches in diameter and do not exceed a depth of five feet.
N. PSUSD and agents agree to comply with any and all laws, ordinances or regulations, whether such laws, regulations and/or ordinances now exist or shall be enacted or issued during the term or any extension of this License Agreement.
PSUSD shall save and hold harmless, protect and indemnify City, its elected officials, employees and agents, from and against any and all liabilities, obligations, damages, penalties, claims of any kinds, causes of action, costs, charges and expenses, including attorney’s fees and expenses of agents, which may be imposed upon or incurred or served against City, its elected officials, employees or agents by reason of any occurrence or accident arising out of PSUSD and Agents’ use of the Site. In the case of any asserted claim or with respect to any action or proceeding brought against the City by reason of any such occurrence, PSUSD, upon written notice from the City, shall at PSUSD’s own cost and expense, promptly resist and defend such claim or action.
PSUSD agrees, upon written request, to provide City with status reports and reasonable information about the pendency, disposition and/or handling of any such claim, action or proceeding.
O. PSUSD shall vacate the Site and complete the Restorations in accordance with Article IX, section D hereof. The Site will be timely vacated and Restoration timely perfected so as to terminate the License granted herein as soon as pr acticable. All expenses related to surveying, preservation and relocation of existing monuments, if any, shall be borne by PSUSD. PSUSD agrees after completion of the construction, PSUSD will, at its expense, restore the ground, to the City’s satisfaction and in accordance with Article VII, to the condition it was in prior to Construction Staging within a reasonable time.
VII. RESTORATIONS
A. Per the process set forth in Article IX, section D, PSUSD shall perform the Restorations in accord with the restorations plan prepared by the Parties. PSUSD understands that City reserves the right to include in the Restorations Plan:
• the removal of fencing, and temporary lighting poles; and • the regrading and/or repair the entire Site to a condition as good as what existed prior PSUSD’s mobilization of the Project; and
• covering the entire Site with soil stabilizer.
B. As part of the Restorations Plan, PSUSD shall restore any damage PSUSD and Agents cause to the streets, curbs, sidewalks, and other public infrastructure in or adjacent to Landau Boulevard and Vega Road to a condition as good as that which existed prior to PSUSD’s mobilization of the Project. Prior to the project mobilization, the City shall perform a street rating with video and / or photographs to record the condition of the streets. As part of its Restorations, PSUSD agrees to make all required repairs in accordance with the Restorations Plan and to the City’s satisfaction.
C. The City retains the right to inspect construction of the Site and Restorations, and to
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 5 exercise its rights or duties in order to protect persons, property or the public interest in the Site.
VIII. PROJECT COSTS AND RESPONSIBILITIES
A. All costs of the construction staging area and Restorations shall be the sole responsibility of PSUSD.
B. Any increase in the actual costs of the Site construction and Restorations, including cost increases, change orders and overruns, shall be borne by PSUSD. Costs include, but are not limited to, architectural, engineering, consulting, desi gn, labor, site preparation, site restoration, materials, supplies, legal fees, utilities, permits, inspections, insurance, and any other costs incurred in the design and construction of the Site and Restorations. PSUSD’s costs shall not include the City’s expenses in administering this Agreement.
IX. HAZARDOUS MATERIALS
A. Definitions. The following terms shall have the meanings set forth in this paragraph:
“Hazardous Substance” shall mean any product, substance, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Site, is either: (i) potentially injurious to the public health, safety or welfare, or the environment, or the Site; (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of City to any governmental agency or third party under any statutory or common law theory. Hazardous Substance shall include, but not be limited to aviation fuel, hydrocarbons, petroleum products, gasoline, crude oil or any products or by-products thereof.
1. “Reportable Use” shall mean the installation or use of any above or below ground (i) storage tank; (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority; and (iii) the presence in, on or about the Site of a Hazardous Substance with respect to which any law or regulation requires that a notice be given to persons entering or occupying the Site or neighboring properties.
B. PSUSD shall not engage in any activity in or about the Site which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of City and compliance in a timely manner (at PSUSD’s sole cost and expense) with all applicable laws and regulations.
PSUSD shall not cause or permit any Hazardous Substance to be spilled or released in, on, under or about the Site (including, without limitation, through the storm sewer system).
X. TERMINATION
A. If any party fails to properly fulfill its obligations under this Agreement in a timely manner, or if any party violates any of the provisions of this Agreement, the non-breaching party shall notify the other party in writing of the specific violations of this Agreement. The breaching party shall have fourteen (14) days from receipt of this notice in which to cure any such violation. If the violation cannot be reasonably cured within said 14-day period, and the breaching party has diligently pursued such remedy as shall be reasonably necessary to cure violation, then the parties may agree in writing to an extension of the period in which the violation must be cured.
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 6 B. If, however, the breaching party has not cured any such violation as specified in the written notice or any extension within the time provided, then the non-breaching party, at its sole option, shall have the right to terminate this Agreement. This termination shall be made by sending written “Notice of Termination” to the breaching party. This notice of Termination shall be effective for all purposes when deposited in the US Mail, postage prepaid and mailed Certified US Mail, Return Receipt Requested.
C. If PSUSD defaults under this Agreement, upon depositing the Notice of Termination with the US Mail as specified above, the City may assume control and possession of the Site and PSUSD and Agents shall vacate it immediately and commence the Restorations.
D. The District reserves the right to terminate this Agreement at any time by providing the City with written notice that it is vacating the Site (“Vacation Notice”). The Parties shall meet and confer within 30 days of the District providing the Vacation Notice and prepare a plan for the Restorations. The plan shall be approved by both Parties, consent to which shall not be unreasonably withheld. Upon completion of the Restorations, the Agreement shall terminate and the City shall refund to the District the unused, prorated portion of the Annual License Fee within thirty (30) days of the termination of the Agreement.
E. The City reserves the right to immediately terminate this Agreement in the event of an emergency or when necessary, in the City’s sole discretion, to protect the public health, welfare or safety.
F. The only permitted basis for the termination of this Agreement will be those forth in subsections A, D and E of this Article.
X. MISCELLANEOUS PROVISIONS
This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Any previous agreement, assertion, statement, understanding, or other commitment before the date of this Agreement, whether written or oral, shall have no force or effect upon the terms and conditions of this Agreement, except as otherwise provided for and acknowledged. Notwithstanding the foregoing sentence, nothing in this Agreement shall be construed or interpreted in such a way as to vacate or amend any certain preexisting underlying agreements by and between the City and PSUSD, all of which certain preexisting underlying agreements are and shall remain fully performable by the parties, subject to their terms and conditions. No agreement, assertion, statement , understanding, or other commitment during the term of this Agreement, or after the term of this Agreement, shall have any legal force or effect upon the terms and conditions of this Agreement unless properly executed in writing by the parties.
A. This Agreement is made, and shall be construed and interpreted under by the laws of the State of California, and venue for any suit concerning this Agreement shall be brought in the Superior Court for the County of Riverside.
B. Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for nor against the parties to this Agreement.
C. All official communications and notices requ ired to be made under this Agreement shall be deemed made if sent postage prepaid to the parties at the addresses listed below, unless otherwise specified in this Agreement:
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 7 If to the City: City of Cathedral City
Attn: City Engineer
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
If to PSUSD: Palm Springs Unified School District
Attn: Executive Director, Facilities, Planning & Development 150 District Center Drive
Palm Springs, CA 92264
D. The City and PSUSD respectively, bind themselves, their successors in interest, assigns and legal representatives to this Agreement. PSUSD shall not assign or transfer any interest in this Agreement without the prior written consent of the City.
E. Time is of the essence in this Agreement.
F. If the final judgment of a court of competent jurisdiction invalidates any part of this Agreement, then the remaining parts of this Agreement shall remain in full effect.
G. If at any time the City, its successors or assigns, fails to enforce this Agreement, whether or not any violations of it are known, such failure shall not constitute a waiver or estoppel of the right to enforce it.
H. This License may be executed in multiple counterparts, each of which is deemed to be an original, and all such counterparts constitute one and the same instrument.
[Signatures appear on following page]
[Remainder of page intentionally left blank]
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 8 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement the day and year first above written.
CITY OF CATHEDRAL CITY, PALM SPRINGS UNIFIED SCHOOL DISTRICT, a municipal corporation a California school district
By
Charlie McClendon, City Manager Name:
Title:
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 9 EXHIBIT A
PROPERTY AND SITE DESCRIPTION
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau LANDAU
ELEMENTARY
SCHOOL
EXHIBIT A
SITE LOCATION
SALVATION
ARMY
SITE
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD LANDAU
ELEMENTARY
SCHOOL
CONSTRUCTION
STAGING AREA
ACCESS AND
PARKING
EXHIBIT A-1
TEMPORARY CONSTRUCTION
ACCESS AND STAGING AREA
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD 12 EXHIBIT B
CONSTRUCTION STAGING AREA
PSUS
D LOGISTIC PLAN
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Attachment: License Agreement for Temporary Construction Staging Area (3807 : Approval of PSUSD License Agreement for Landau 3
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Cathedral City Page 1 of 4 Printed on 6/22/2023
Staff Report
City Council
Item No. 6.E
Meeting Date: June 28, 2023
From: John Corella, Director of Engineering/Public Works Title: Award a Contract to Granite Construction Company for the Date Palm Drive Pavement Rehabilitation Project, CIP 8840
City Council
RECOMMENDATION:
To award a construction contract to Granite Construction Company, in the amount of $4,668,436 for the construction of Date Palm Drive Pavement Rehabilitation Project and approve a 8 percent (8%) contingency in the amount of $ 401,564.00 for any unforeseeable construction costs that may be incurred, thereby, bringing the total construction budget for this Project to $5,070,000.00; and approve the allocations of available FY 2023/2024 Tribal Transportation Program (TTP) Funds fro m the Agua Caliente Band of Cahuilla Indians (ACBCI) in the amount of $5,000,000; available FY 2023/2024 Cal-Recycle Grant Funds in the amount of $70,000 for the construction of the Project; and, authorize the City Manager to execute the required contract documents (attached); and, to authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.
BACKGROUND:
Date Palm Drive is a primary economic and lifeline corridor for the City of Cathedral City and serves as the City’s only north/south truck route. The corridor is relied on by the public, and others for commerce, residential, regional circulation, and other uses. It interconnects with major arterials passing through adjacent jurisdictions, connects to U.S. Interstate 10 (I-10) and East Palm Canyon Drive. The Date Palm Drive corridor is identified as essential roadway to the Agua Caliente Band of Cahuilla Indians (ACBCI) community and is placed on the Tribal Transportation Program (TTP) which allocates funding for roadway improvements.
In August of 2019, an Intergovernmental Memorandum of Understanding (MOU) between the City and the ACBCI established the use of TTP funds for the design, construction, and maintenance of public roads classified as Tribal Rese rvation Roads.
Under the MOU, the Tribe will provide up to $5.0 million over a 10 year -period toward road construction projects. In furtherance of the MOU , on November 30, 2022, the City and the ACBCI entered into a Subcontractor Services Agreement (SSA) which
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established the scope of work, procedures, terms, and termination date, necessary for the Date Palm Drive Pavement Rehabilitation Project.
On November 09, 2022, City Council authorized the City Manager to execute an agreement with HR Green Pacific, I nc. for the Engineering Design Services of the Date Palm Drive Pavement Rehabilitation Project. The Project limits are along Date Palm Drive between Ramon Road and Gerald Ford Drive. The project consists of the installation of 6 -inches of asphalt pavement, repairs of sidewalks, curb and gutter, reconstruction of non-compliant ADA curb ramps, signage, striping, and the construction of concrete approach lanes at signalized intersections. The project also includes the construction of concrete approach lanes at the intersection of Date Palm Drive and 30th Avenue.
On December 05, 2022, the City was awarded $70,000 from the California Department of Resources Recycling and Recovery (CalRecycle ) Rubberized Pavement Grant Program. This CalRecycle grant program pays up to $10.00 per ton for the use of rubberized asphalt concrete (RAC) used on Project. The Project will use approximately 7,000 tons of RAC.
DISCUSSION:
On Friday, May 26, 2023, the City advertised an invitation to bid, requesting qualified contractors to perform the described scope of work found in the Bid Specifications and Plans for this Project. This solicitation was made available to contractors for twenty-five (25) calendar days and advertised in the following publications:
• Desert Sun – Published on May 26, 2023, and June 2, 2023 • Planit Print Works
• City’s Website
In an effort to maximize the project scope within the available budget, City Staff decided to implement additive alternatives, in addition to the base bid of the project. The base bid is along Date Palm Drive, between Ramon Road and Dinah Shore Drive , and includes the intersection at 30th Avenue and Date Palm Drive.
The additive alternatives are as follows:
• Additive Alternate A: Dinah Shore Drive – Market Place • Additive Alternate B: Market Place – 35th Avenue
• Additive Alternate C: 35th Avenue – Gerald Ford Drive
On June 20, 2023, the City received one (1) bid proposal for this Project. Based on the bid received, the lowest responsive bidder to the base bid of the Project is Granite Construction Company (Granite) of Indio, California.
The following table lists the qualified bidder by total price:
CONTRACTOR BASE BID AMOUNT
Granite Construction Company $4,668,436
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The selected contractor bid amount on the additive alternates are as follows:
• Additive Alternate A - $ 899,444
• Additive Alternate B - $1,530,730
• Additive Alternate C - $1,855,936
Based on the base bid amount the City will not proceed with the additive alternates. The lowest responsive bid from Granite is 25% above the En gineer’s Estimate for the Project, which was $ 3,720,564.00. For bid items such as “Mobilization”, “Work Area Traffic Control”, and “Cold-In-Place Recycled Pavement” the contractor appears to have found significantly more work than the design engineer. The bid item “Asphalt Rubber Hot Mix (ARHM) Overlay” was estimated using recent projects ; however, increases in cost since the estimate was prepared appear to be impacting this line item. These four bid items account for the majority of the price increase over the Engineer’s Estimate.
Staff reached out to the non -bidding plan holders and found that due to the specialized scope of improvements, bidders found it difficult to perform the specifications required for 51% of the work as the prime contractor required for public projects. Rebidding the Project would delay the Project and would not guarantee lower bids.
Engineering Staff is recommending the City Council award a construction contract to Granite Construction Company, i n the amount of $ 4,668,436 to construct the Project.
Staff is also recommending the approval of a n 8 percent ( 8%) contingency in the amount of $401,564 for any unforeseeable construction costs that may be incurred, thereby, bringing the total construction budget for this Project to $ 5,070,000; and authorize the City Manager to execute the required contract documents (attached); and, to authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.
ENVIRONMENTAL ANALYSIS:
The project is categ orically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 24CFR58.35 (a)(1), and Categorically Exemot under the California Environmental Quality Act (CEQA), Section 15301 for “Existing Facilities”.
FISCAL IMPACT:
The construction bid amount from Granite Construction Company is $4,668,436, and Staff is recommending an additional 8% contingency for any unforeseeable construction costs in the amount of $401,564 bringing the total construction budget for t his Project to $5,070,000.
Bid Construction Cost $4,668,436
Contingency (8%) $401,564
Total Construction Cost $5,070,000
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Staff is recommending the Project to be funded through the committed $5 Million in TTP funds from the Agua Caliente Band of Cahuilla Indians (ACBCI), and $70,000 from the CalRecycle Rubberized Pavement Grant as follows:
TTP Funds from Agua Caliente Band of Cahuilla Indians $5,000,000 CalRecycle Rubberized Pavement Grant $ 70,000
Total Funds $5,070,000.00
Staff recommends the allocations of available FY 2023/2024 TTP Funds from the Agua Caliente Band of Cahuilla Indians (ACBCI) in the amount of $5,000,000; and available FY 2023/2024 Cal-Recycle Grant Funds in the amount of $70,000 for the construction of the Project.
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
Bid Analysis
Contract Documents 1300
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CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
1 Mobilizatio n LS 1 177,000.00 $ 177,000.00 $ 500,000.00 $ 500,000.00 $ 2 Work Area Temporary Traffic Contro l LS 1 103,000.00 $ 103,000.00 $ 209,000.00 $ 209,000.00 $ 3 Clearing, Grubbing, and Removal s LS 1 34,000.00 $ 34,000.00 $ 35,000.00 $ 35,000.00 $ 4 Stormwater and Non-Stormwater Pollution Contro l LS 1 17,000.00 $ 17,000.00 $ 27,000.00 $ 27,000.00 $ 5 Cold Mill Existing AC (0" to 2" Max, Full Width or Edge Mill Per Plan ) SF 340,000 0.40 $ 136,000.00 $ 0.90 $ 306,000.00$ 6 Asphalt Rubber Hot Mix (ARHM) Overla y TN 4,700 105.00 $ 493,500.00 $ 180.00 $ 846,000.00$ 7 Cold-In-Place Recycle (CIR) - 4" SF 315,000 1.75 $ 551,250.00 $ 1.80 $ 567,000.00$ 8 Emulsified Recycling Agen t TN 230 600.00 $ 138,000.00 $ 800.00 $ 184,000.00$ 9 CIRACP Mix Design, Sampling and Testin g LS 1 43,000.00 $ 43,000.00 $ 20,000.00 $ 20,000.00 $ 10 Remove Existing and Construct 4" HMA over 6" Base (Leave 2" low for ARHM Cap Paving) SF 10,500 12.00 $ 126,000.00 $ 20.00 $ 210,000.00$ 11 Remove Existing and Construct 12" PCC Approach Lane s SF 45,000 27.00 $ 1,215,000.00 $ 21.40 $ 963,000.00$ 12 Remove Existing 6" AC Dike per Riverside Std. No. 21 2 LF 0 8.00 $ - $ - $ - $ 13 Construct 6" PCC Curb and Gutter per Riverside Std. No. 20 0 LF 0 8.00 $ - $ - $ - $ 14 Remove Existing and Construct Cross Gutter and Spandrel Per County of Riverside Std. No. 209 SF 9,610 25.00 $ 240,250.00 $ 30.00 $ 288,300.00$ 15 Remove and Reconstruct PCC ADA Curb Ram p EA 18 6,000.00 $ 108,000.00 $ 6,500.00 $ 117,000.00$ 16 Install Detectable Warning Surfac e EA 6 1,000.00 $ 6,000.00 $ 675.00 $ 4,050.00 $ 17 Remove Existing and Reconstruct 6" PCC Curb and Gutte r LF 155 70.00 $ 10,850.00 $ 100.00 $ 15,500.00$ 18 Remove Existing and Reconstruct 8" PCC Curb and Gutte r LF 0 85.00 $ - $ - $ - $ 19 Remove Existing and Reconstruct PCC Sidewal k SF 3,050 10.00 $ 30,500.00 $ 12.50 $ 38,125.00$ 20 Remove Existing & Reconstruct PCC Residential Driveway per Riverside County Std No. 207 SF 600 15.00 $ 9,000.00 $ 20.00 $ 12,000.00$ 21 Remove Existing and Reconstruct PCC Commercial Driveway per Riverside County Std. No. 207A SF 0 17.00 $ - $ - $ - $ 22 Remove and Reconstruct PCC Commercial Driveway per Cathedral City Std. No. 200-B SF 0 17.00 $ - $ - $ - $ 23 Adjust Sewer Manhole And Construct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 4 1,000.00 $ 4,000.00 $ 1,350.00 $ 5,400.00 $ 24 Adjust Sewer Manhole, Remove Existing And Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 30 1,100.00 $ 33,000.00 $ 1,350.00 $ 40,500.00 $ 25 Adjust Telephone Manhole to Finish Grad e EA 1 1,000.00 $ 1,000.00 $ 1,575.00 $ 1,575.00 $ 26 Adjust Water Valve, Remove Existing and Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 46 600.00 $ 27,600.00 $ 1,595.00 $ 73,370.00 $ 27 Adjust Water Valve and Construct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 18 600.00 $ 10,800.00 $ 1,595.00 $ 28,710.00 $ 28 Adjust Gas Valve to Finish Grad e EA 5 500.00 $ 2,500.00 $ 975.00 $ 4,875.00 $ 29 Relocate Existing Pullbo x EA 0 600.00 $ - $ - $ - $ Granite
UNIT COST TOTAL
Engineers Estimate
TOTAL ITEM DESCRIPTION UNIT
BASE BID ITEMS
QUANTITY UNIT COST
6.E.a
Packet Pg. 992
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm
CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
30 Adjust Existing Pullbox to Finish Grad e EA 7 300.00 $ 2,100.00 $ 1,000.00 $ 7,000.00 $ 31 Remove Existing and Construct PCC Bus Pa d SF 3,500 25.00 $ 87,500.00 $ 28.00 $ 98,000.00$ 32 Construct 2" ARHM over 4" HMA over 6" CAB SF 0 12.00 $ - $ - $ - $ 33 Remove and Reconstruct PCC Parkway Drain Per SPPWC Std. Plan No. 151-3 EA. 0 3,500.00 $ - $ - $ - $ 34 Remove existing PCC Curb and Gutter and Construct 6" Curb onl y EA. 0 70.00 $ - $ - $ - $ 35 Remove Rolled Curb per County of Riverside Std. No. 20 2 EA. 0 85.00 $ - $ - $ - $ 36 Signing and Striping Complete-in-Plac e EA. 1 101,714.70 $ 101,714.70 $ 59,631.00 $ 59,631.00 $ 37 Traffic Signal Loop Detector s EA. 20 600.00 $ 12,000.00 $ 370.00 $ 7,400.00 $ Estimated Contingency
3,720,564.70$ 4,668,436.00 $
A-1 Mobilizatio n LS - - $ - $ - $ - $ A-2 Work Area Temporary Traffic Contro l LS 1 24,500.00 $ 24,500.00 $ 33,000.00 $ 33,000.00 $ A-3 Clearing, Grubbing, and Removal s LS 1 8,000.00 $ 8,000.00 $ 20,000.00 $ 20,000.00 $ A-4 Stormwater and Non-Stormwater Pollution Contro l LS 1 4,000.00 $ 4,000.00 $ 7,000.00 $ 7,000.00 $ A-5 Cold Mill Existing AC (0" to 2" Max, Full Width or Edge Mill Per Plan ) SF 53,000 0.40 $ 21,200.00 $ 0.90 $ 47,700.00$ A-6 Asphalt Rubber Hot Mix (ARHM) Overla y TN 700 105.00 $ 73,500.00 $ 180.00 $ 126,000.00$ A-7 Cold-In-Place Recycle (CIR) - 4" SF 53,000 1.75 $ 92,750.00 $ 1.80 $ 95,400.00$ A-8 Emulsified Recycling Agen t TN 40 600.00 $ 24,000.00 $ 800.00 $ 32,000.00$ A-9 CIRACP Mix Design, Sampling and Testin g LS 1 8,000.00 $ 8,000.00 $ 12,000.00 $ 12,000.00 $ A-10
Remove Existing and Construct 4" HMA over 6" Base (Leave 2" low for ARHM Cap Paving) SF - 12.00 $ - $ - $ - $ A-11 Remove Existing and Construct 12" PCC Approach Lane s SF 16,250 27.00 $ 438,750.00 $ 21.40 $ 347,750.00$ A-12 Remove Existing 6" AC Dike per Riverside Std. No. 21 2 LF - 8.00 $ - $ - $ - $ A-13 Construct 6" PCC Curb and Gutter per Riverside Std. No. 20 0 LF - 8.00 $ - $ - $ - $ A-14
Remove Existing and Construct Cross Gutter and Spandrel Per County of Riverside Std. No. 209 SF 2,750 25.00 $ 68,750.00 $ 30.00 $ 82,500.00$ A-15 Remove and Reconstruct PCC ADA Curb Ram p EA 4 6,000.00 $ 24,000.00 $ 12,500.00 $ 50,000.00 $ A-16 Install Detectable Warning Surfac e EA - 1,000.00 $ - $ - $ - $ A-17 Remove Existing and Reconstruct 6" PCC Curb and Gutte r LF - 70.00 $ - $ - $ - $ A-18 Remove Existing and Reconstruct 8" PCC Curb and Gutte r LF - 85.00 $ - $ - $ - $ A-19 Remove Existing and Reconstruct PCC Sidewal k SF 250 10.00 $ 2,500.00 $ 12.50 $ 3,125.00$ A-20
Remove Existing & Reconstruct PCC Residential Driveway per Riverside County Std No. 207 SF - 15.00 $ - $ - $ - $ A-21
Remove Existing and Reconstruct PCC Commercial Driveway per Riverside County Std. No. 207A SF - 17.00 $ - $ - $ - $
TOTAL UNIT COSTTOTAL
SUB-TOTAL BASE BID ITEMS
ADDITIVE ALTERNATE A BID ITEMS
UNIT QUANTITY UNIT COSTITEM DESCRIPTION
6.E.a
Packet Pg. 993
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm
CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
A-22
Remove and Reconstruct PCC Commercial Driveway per Cathedral City Std. No. 200-B SF - 17.00 $ - $ - $ - $ A-23
Adjust Sewer Manhole And Construct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA - 1,000.00 $ - $ - $ - $ A-24
Adjust Sewer Manhole, Remove Existing And Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 3 1,100.00 $ 3,300.00 $ 1,350.00 $ 4,050.00 $ A-25 Adjust Telephone Manhole to Finish Grad e EA - 1,000.00 $ - $ - $ - $ A-26
Adjust Water Valve, Remove Existing and Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 4 600.00 $ 2,400.00 $ 1,595.00 $ 6,380.00 $ A-27
Adjust Water Valve and Construct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 1 600.00 $ 600.00 $ 1,595.00 $ 1,595.00 $ A-28 Adjust Gas Valve to Finish Grad e EA 1 500.00 $ 500.00 $ 975.00 $ 975.00 $ A-29 Relocate Existing Pullbo x EA - 600.00 $ - $ - $ - $ A-30 Adjust Existing Pullbox to Finish Grad e EA 4 300.00 $ 1,200.00 $ 1,000.00 $ 4,000.00 $ A-31 Remove Existing and Construct PCC Bus Pa d SF 750 25.00 $ 18,750.00 $ 28.00 $ 21,000.00$ A-32 Construct 2" ARHM over 4" HMA over 6" CAB SF - 12.00 $ - $ - $ - $ A-33
Remove and Reconstruct PCC Parkway Drain Per SPPWC Std. Plan No. 151-3 EA. - 3,500.00 $ - $ - $ - $ A-34 Remove existing PCC Curb and Gutter and Construct 6" Curb onl y LF - 70.00 $ - $ - $ - $ A-35 Remove Rolled Curb per County of Riverside Std. No. 20 2 LF - 85.00 $ - $ - $ - $ A-36 Signing and Striping Complete-in-Plac e LS 1 17,841.20 $ 17,841.20 $ 4,969.00 $ 4,969.00 $ 834,541.20$ 899,444.00 $
B-1 Mobilizatio n LS - - $ - $ - $ - $ B-2 Work Area Temporary Traffic Contro l LS 1 40,000.00 $ 40,000.00 $ 24,400.00 $ 24,400.00 $ B-3 Clearing, Grubbing, and Removal s LS 1 13,000.00 $ 13,000.00 $ 12,000.00 $ 12,000.00 $ B-4 Stormwater and Non-Stormwater Pollution Contro l LS 1 6,500.00 $ 6,500.00 $ 10,000.00 $ 10,000.00 $ B-5 Cold Mill Existing AC (0" to 2" Max, Full Width or Edge Mill Per Plan ) SF 48,000 0.40 $ 19,200.00 $ 0.90 $ 43,200.00$ B-6 Asphalt Rubber Hot Mix (ARHM) Overla y TN 1,450 105.00 $ 152,250.00 $ 180.00 $ 261,000.00$ B-7 Cold-In-Place Recycle (CIR) - 4" SF 111,000 1.75 $ 194,250.00 $ 1.80 $ 199,800.00$ B-8 Emulsified Recycling Agen t TN 80 600.00 $ 48,285.00 $ 800.00 $ 64,000.00$ B-9 CIRACP Mix Design, Sampling and Testin g LS 1 15,000.00 $ 15,000.00 $ 6,000.00 $ 6,000.00 $ B-10
Remove Existing and Construct 4" HMA over 6" Base (Leave 2" low for ARHM Cap Paving) SF 1,300 12.00 $ 15,600.00 $ 20.00 $ 26,000.00$ B-11 Remove Existing and Construct 12" PCC Approach Lane s SF 15,000 27.00 $ 405,000.00 $ 21.40 $ 321,000.00$ B-12 Remove Existing 6" AC Dike per Riverside Std. No. 21 2 LF 710 8.00 $ 5,680.00 $ 25.00 $ 17,750.00$
TOTAL UNIT COST TOTAL
SUB-TOTAL ADDITIVE ALTERNATE A BID ITEMS
ITEM DESCRIPTION UNIT QUANTITY UNIT COST
ADDITIVE ALTERNATE B BID ITEMS
6.E.a
Packet Pg. 994
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm
CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
B-13 Construct 6" PCC Curb and Gutter per Riverside Std. No. 20 0 LF 925 70.00 $ 64,750.00 $ 70.00 $ 64,750.00$ B-14
Remove Existing and Construct Cross Gutter and Spandrel Per County of Riverside Std. No. 209 SF 5,300 25.00 $ 132,500.00 $ 30.00 $ 159,000.00$ B-15 Remove and Reconstruct PCC ADA Curb Ram p EA 8 6,000.00 $ 48,000.00 $ 6,500.00 $ 52,000.00 $ B-16 Install Detectable Warning Surfac e EA 4 1,000.00 $ 4,000.00 $ 675.00 $ 2,700.00 $ B-17 Remove Existing and Reconstruct 6" PCC Curb and Gutte r LF 350 70.00 $ 24,500.00 $ 100.00 $ 35,000.00$ B-18 Remove Existing and Reconstruct 8" PCC Curb and Gutte r LF - 85.00 $ - $ - $ - $ B-19 Remove Existing and Reconstruct PCC Sidewal k SF 500 10.00 $ 5,000.00 $ 12.50 $ 6,250.00$ B-20
Remove Existing & Reconstruct PCC Residential Driveway per Riverside County Std No. 207 SF - 15.00 $ - $ - $ - $ B-21
Remove Existing and Reconstruct PCC Commercial Driveway per Riverside County Std. No. 207A SF - 17.00 $ - $ - $ - $ B-22
Remove and Reconstruct PCC Commercial Driveway per Cathedral City Std. No. 200-B SF 2,250 17.00 $ 38,250.00 $ 26.00 $ 58,500.00$ B-23
Adjust Sewer Manhole And Construct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 2 1,000.00 $ 2,000.00 $ 1,350.00 $ 2,700.00 $ B-24
Adjust Sewer Manhole, Remove Existing And Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 13 1,100.00 $ 14,300.00 $ 1,350.00 $ 17,550.00 $ B-25 Adjust Telephone Manhole to Finish Grad e EA - 1,000.00 $ - $ - $ - $ B-26
Adjust Water Valve, Remove Existing and Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 19 600.00 $ 11,400.00 $ 1,595.00 $ 30,305.00 $ B-27
Adjust Water Valve and Construct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 5 600.00 $ 3,000.00 $ 1,595.00 $ 7,975.00 $ B-28 Adjust Gas Valve to Finish Grad e EA 2 500.00 $ 1,000.00 $ 975.00 $ 1,950.00 $ B-29 Relocate Existing Pullbo x EA 1 600.00 $ 600.00 $ 3,500.00 $ 3,500.00 $ B-30 Adjust Existing Pullbox to Finish Grad e EA 4 300.00 $ 1,200.00 $ 1,000.00 $ 4,000.00 $ B-31 Remove Existing and Construct PCC Bus Pa d SF 2,500 25.00 $ 62,500.00 $ 28.00 $ 70,000.00$ B-32 Construct 2" ARHM over 4" HMA over 6" CAB SF 100 12.00 $ 1,200.00 $ 21.00 $ 2,100.00$ B-33
Remove and Reconstruct PCC Parkway Drain Per SPPWC Std. Plan No. 151-3 EA. 0 3,500.00 $ - $ - $ - $ B-34 Remove existing PCC Curb and Gutter and Construct 6" Curb onl y LF 15 70.00 $ 1,050.00 $ 205.00 $ 3,075.00 $ B-35 Remove Rolled Curb per County of Riverside Std. No. 20 2 LF 120 85.00 $ 10,200.00 $ 95.00 $ 11,400.00$ B-36 Signing and Striping Complete-in-Plac e LS 1 28,419.70 $ 28,419.70 $ 12,828.00 $ 12,828.00 $ 1,368,634.70$ 1,530,733.00 $
C-1 Mobilizatio n LS - - $ - $ - $ - $ C-2 Work Area Temporary Traffic Contro l LS 1 61,500.00 $ 61,500.00 $ 30,000.00 $ 30,000.00 $
SUB-TOTAL ADDITIVE ALTERNATE B BID ITEMS
ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL UNIT COST TOTAL
ADDITIVE ALTERNATE C BID ITEMS
6.E.a
Packet Pg. 995
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm
CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
C-3 Clearing, Grubbing, and Removal s LS 1 20,500.00 $ 20,500.00 $ 10,000.00 $ 10,000.00 $ C-4 Stormwater and Non-Stormwater Pollution Contro l LS 1 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 $ C-5 Cold Mill Existing AC (0" to 2" Max, Full Width or Edge Mill Per Plan ) SF 53,000 0.40 $ 21,200.00 $ 0.90 $ 47,700.00$ C-6 Asphalt Rubber Hot Mix (ARHM) Overla y TN 2,500 105.00 $ 262,500.00 $ 180.00 $ 450,000.00$ C-7 Cold-In-Place Recycle (CIR) - 4" SF 146,500 1.75 $ 256,375.00 $ 1.80 $ 263,700.00$ C-8 Emulsified Recycling Agen t TN 110 600.00 $ 66,000.00 $ 800.00 $ 88,000.00$ C-9 CIRACP Mix Design, Sampling and Testin g LS 1 21,000.00 $ 21,000.00 $ 6,000.00 $ 6,000.00 $ C-10
Remove Existing and Construct 4" HMA over 6" Base (Leave 2" low for ARHM Cap Paving) SF 250 12.00 $ 3,000.00 $ 20.00 $ 5,000.00$ C-11 Remove Existing and Construct 12" PCC Approach Lane s SF 22,250 27.00 $ 600,750.00 $ 21.40 $ 476,150.00$ C-12 Remove Existing 6" AC Dike per Riverside Std. No. 21 2 LF - 8.00 $ - $ - $ - $ C-13 Construct 6" PCC Curb and Gutter per Riverside Std. No. 20 0 LF - 8.00 $ - $ - $ - $ C-14
Remove Existing and Construct Cross Gutter and Spandrel Per County of Riverside Std. No. 209 SF - 25.00 $ - $ - $ - $ C-15 Remove and Reconstruct PCC ADA Curb Ram p EA 9 6,000.00 $ 54,000.00 $ 3,000.00 $ 27,000.00 $ C-16 Install Detectable Warning Surfac e EA 8 1,000.00 $ 8,000.00 $ 675.00 $ 5,400.00 $ C-17 Remove Existing and Reconstruct 6" PCC Curb and Gutte r LF 950 70.00 $ 66,500.00 $ 95.00 $ 90,250.00$ C-18 Remove Existing and Reconstruct 8" PCC Curb and Gutte r LF 525 85.00 $ 44,625.00 $ 95.00 $ 49,875.00$ C-19 Remove Existing and Reconstruct PCC Sidewal k SF 2,600 10.00 $ 26,000.00 $ 12.50 $ 32,500.00$ C-20
Remove Existing & Reconstruct PCC Residential Driveway per Riverside County Std No. 207 SF - 15.00 $ - $ - $ - $ C-21
Remove Existing and Reconstruct PCC Commercial Driveway per Riverside County Std. No. 207A SF 770 17.00 $ 13,090.00 $ 26.00 $ 20,020.00$ C-22
Remove and Reconstruct PCC Commercial Driveway per Cathedral City Std. No. 200-B SF 1,670 17.00 $ 28,390.00 $ 26.00 $ 43,420.00$ C-23
Adjust Sewer Manhole And Construct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA - 1,000.00 $ - $ - $ - $ C-24
Adjust Sewer Manhole, Remove Existing And Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-1B EA 14 1,100.00 $ 15,400.00 $ 1,350.00 $ 18,900.00 $ C-25 Adjust Telephone Manhole to Finish Grad e EA 4 1,000.00 $ 4,000.00 $ 1,575.00 $ 6,300.00 $ C-26
Adjust Water Valve, Remove Existing and Reconstruct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA 33 600.00 $ 19,800.00 $ 1,595.00 $ 52,635.00 $ C-27
Adjust Water Valve and Construct Concrete Collar to Finish Grade per CVWD Std. No. S-36 EA - 600.00 $ - $ - $ - $ C-28 Adjust Gas Valve to Finish Grad e EA 2 500.00 $ 1,000.00 $ 975.00 $ 1,950.00 $ C-29 Relocate Existing Pullbo x EA 1 600.00 $ 600.00 $ 3,500.00 $ 3,500.00 $ C-30 Adjust Existing Pullbox to Finish Grad e EA 5 300.00 $ 1,500.00 $ 1,000.00 $ 5,000.00 $ C-31 Remove Existing and Construct PCC Bus Pa d SF 2,500 25.00 $ 62,500.00 $ 28.00 $ 70,000.00$ C-32 Construct 2" ARHM over 4" HMA over 6" CAB SF - 12.00 $ - $ - $ - $ C-33
Remove and Reconstruct PCC Parkway Drain Per SPPWC Std. Plan No. 151-3 EA 1 3,500.00 $ 3,500.00 $ 2,500.00 $ 2,500.00 $ C-34 Remove existing PCC Curb and Gutter and Construct 6" Curb onl y LF 0 70.00 $ - $ 205.00 $ - $
6.E.a
Packet Pg. 996
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm
CITY OF CATHEDRAL CITY
DATE PALM DRIVR PAVEMENT REHSBILITATION
Bid Tabulation/ Analysis
CITY PROJECT No.: 8840
C-35 Remove Rolled Curb per County of Riverside Std. No. 20 2 LF 0 85.00 $ - $ 95.00 $ - $ C-36 Signing and Striping Complete-in-Plac e LS 1 42,378.00 $ 42,378.00 $ 30,136.00 $ 30,136.00 $ 1,714,108.00$ 1,855,936.00 $ SUB-TOTAL ADDITIVE ALTERNATE C BID ITEMS
6.E.a
Packet Pg. 997
Attachment: Bid Analysis (3814 : Award Contract to Granite Construction Company for the Date Palm Agreement 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City”, and Granite Construction Company, herein referred to as, "Contractor”.
W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipm ent, transportation, and services for DATE PALM DRIVE PAVEMENT REHABILITATION, CITY PROJECT NO. 8840, BID NO. B23-33E (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity wit h this Contract, approved Change Orders, the Invitation to Bid dated May 26, 2023, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated June 20, 2023, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal, State, Count y, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a workman-lik e manner and to the satisfaction of the City Engineer.
4. Time is of the essence in the Contra ctor’s performance of the Work for this Contract. The contractor agrees to diligent ly pursue the performance and completion of the Work in every detail to the satisfaction of the City. The cont ractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 90 working days for the base bid and an additional 20 working days for each additive alternate awarded from the date of Notification to Proceed.
5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contract or for all Work shall not exceed Four Million Six Hundred Eighty-Eight Thous and Four Hundred Thirty-Six dollars ($4,668,436.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
6.E.b
Packet Pg. 998
Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Agreement 1300-2
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitati on to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California).
7. Concurrently with the execut ion of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.
8. Contractor agrees to indemnify, hold ha rmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent permitted by law, the City, its City Co uncil and each member thereof, and its officers, employees, commission members, and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (incl uding attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning o f, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of C ontractor, its employ ees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret, or trademark infr ingement) sustained by any pers on or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.
9. Except as otherwise requir ed, Contractor shall concurr ently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor duri ng this entire contract and a ll premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the Cit y and shall name the City as an additional insured. The contractor shall furnish eviden ce of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificat e of self-insurance, in accordance with the Workers Compensation laws of the Stat e of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
6.E.b
Packet Pg. 999
Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Agreement 1300-3
11. In accepting this Contract, Contractor ce rtifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditi on, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Cont ractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.
12. Contractor also agrees t hat for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. Contractor shall maintain and k eep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audi t at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, not withstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
14. This Contract s hall not be assignable by Contractor without the written consent of City.
15. Contractor shall not ify the City Engineer (in writing) forthwith when the Contract is deemed completed.
16. In accepting this Contract, the Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.
17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The contra ctor must, at the Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including, without limitation, any busine ss license tax imposed by City. The contractor represents and declares to Agency that it has all license s, permits, qualifications, and approvals of whatever nature which are legally required to practice its profession.
18. The City, or its authorized auditors or representativ es, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to ensure it is rece iving all money to which it is entitled under the contract
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and/or is paying only the amount s to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
19. The Contractor shall main tain and preserve all such records for a period of at least three years after termination of the Contract.
20. The Contractor shall mainta in all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices incl uding, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
21. In entering into this C ontract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Secti on 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Prof essions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgment by the Parties.
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Agreement 1300-5
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below.
"CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By:
Charles P. McClendon, City Manager
ATTEST:
Dated:
Tracey R. Hermosillo, CMC, City Clerk
APPROVED AS TO FORM:
Dated:
Dated:
Eric Vail, City Attorney
“CONTRACTOR”
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporat ion, hereinafter designated the City, has, on June 28, 2023, awarded to Granite Construction Company, hereinafter designated as the Principal, a Contract for DATE PALM DRIVE PAVEMENT REHABILITATION, CITY PROJECT NO. 8840, BID NO. B23-33E and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and Travelers and Surety Company of America, as Surety, are held and firml y bound unto the City in the just and full amount of Four Million Six Hundred Eighty-Ei ght Thousand Four Hundred Thirty- Six dollars ($4,668,436.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfu lly perform the covenants, conditions, and agreements in the said contract and any altera tions made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true in tent and meaning, and sha ll indemnify and save harmless, the City, its officers, and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additi on to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, an extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _ _ day of , 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Payment Bond 1320-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on June 28 2023, awarded to , Granite Construction Company hereinafter designated as the Principal, a Contract for DATE PALM DRIVE PAVEMENT REHABILITATION, CITY PROJECT NO. 8840, BID NO. B23-33E and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and Travelers and Surety Company of America, as Surety, are held and firmly bound unto the City in the just and full amount of Four Million Six Hundred Eighty-Ei ght Thousand Four Hundred Thirty- Six dollars ($4,668,436.00), executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGA TION IS SUCH, that if sa id Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, fo r, or about the perf ormance of the work contracted to be done, or for any work or l abor thereon of any kind or for amount due under the Unemployment Insurance Act with re spect to such work or labor, or any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exc eeding the amount hereinabove set forth, and also will pay in case suit is brought upon th is bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the St ate of California to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contractor to the work to be performed thereunder or t he specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, an extension of time, alteration, or addition to the terms of the contract or the work or the specifications. Said Surety hereby waives the provisions of Se ctions 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2023, the name and
corporate seal of each corporate party being hereto affixed, and these present duly signed by its undersigned representative, pursuant to the authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Workers' Compensation Insurance 1330-1
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the pr ovisions of Section 3700 of the Labor Code which require every employer to be insu red against liability for workers' compensation or to undertake self-i nsurance in accordance with the provisions of that co de, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature
Title
Date
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Attachment: Contract Documents 1300 (3814 : Award Contract to Granite Construction Company for the Date Palm Drive Pavement Liability & Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City and CVWD District, City Council and each member thereof, and every officer, employee, and agent of City, from any claim, demand, damage, liability, loss, cost, or expense (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.
The City and CVWD District does not, and sha ll not, waive any rights that it may have against Contractor, any of the Contractor’s em ployees, or any of its subcontractors under this Section becaus e of the acceptance by the City and CVWD District, or the deposit with the Cit y and CVWD District, of any insurance policy or certificate, requi red pursuant to this Contract. The hold harmless, indemnification, and duty to defend provis ions of this Section shall apply regardless of whether or not said in surance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of contract, the Contractor s hall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work until such insurance has been approved by the City. The Contractor shall not a llow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosec ution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
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2.2 Commercial General Liability Policy
The Contractor shall take out and mainta in during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) comb ined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Ex plosion, Collapse, and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and mainta in during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, includi ng cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Do llars ($1,000,000) Employers' Liability (Coverage B).
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2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section hereof:
a. "The City and CVWD District, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned."
b. "This policy shall be considered prim ary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each in sured, and additional insured, as though a separate policy had been written for eac h. This, however, will not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notic e of cancellation shall be given to the City. Such notice shall be sent to:
Kevin Biersack Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. T he Contractor shall be ob ligated to pay any extra premium for maintaining the insurance requirements specified herein.
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Staff Report
City Council
Item No. 6.F
Meeting Date: June 28, 2023
From: John Corella, Director of Engineering/Public Works Title: Award Contract to Granite Construction Company for City - Wide Repaving Projects
City Council
RECOMMENDATION:
For the City Council to:
(i) Award a construction contract to Granite Construction Company, in the amount of $970,221.00 for the construction of the East Palm Canyon Drive Pavement Rehabilitation Project (C08669), Da Vall Street Improvements (C08665), San Eljay Pavement Rehabilitation (C08667), and the Public Alley Reconstruction Project (C08670); and
(ii) Approve a contingency in the amount of $97,022.10 for any unforeseeable construction costs; thereby, bringing the total construction budget for these Projects to $1,067,243.10; and
(iii) Approve the allocation of available FY 2023 -2024 CIP Unidentified General Funds (MOE) from account 100 -100-150-156-8800-8802 in the amount of $147,282.50 for the construction of the Da Vall Street Improvements (C08665) and Public Alley Reconstruction Projects; and
(iv) Approve the allocation of available Measure A Funds from account 243 -100- 150-156-8800-8802 for the construction of East Palm Canyon Pavement Rehabilitation (C08669) and Da Vall Street Improvements (C08665 ) in the amount of $541,829.00; and
(v) Approved the allocation of available Assessment District 86 -5 Funds from account 344 -100-150-156-8800-8802 for the construction of San Eljay Pavement Rehabilitation (C08667) in the amount of $378,131.60; and (vi) Authorize the City Manager to execute the required contract documents; and authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed.
BACKGROUND:
The Citywide Repaving Projects (Projects) encompassed five (5) roadway Capital Improvements Projects (CIP) Plan throughout the City. During the planning phase of these Projects, Engineering Staff combined and issued one bid solicitation to get the best bulk price on material and labor for all planned CIP Pro jects, as opposed to
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requesting bids for each Project individually and paying for higher unit costs on each Project.
The scope of the Projects consist s of the removal and demolition of existing asphalt pavement and outdated curb ramps, construction of asp halt concrete pavement, construction of updated curb ramps, pavement striping and markings, and traffic signage.
The following is a summary of the five (5) CIP Projects encompassed in the recent bid solicitation:
1. East Palm Canyon Pavement Rehabilitation (C08669)
The proposed Project is listed in the CIP 5 -Year Plan as East Palm Canyon – Perez Road to Auto Center Drive. The Project consists of the rehabilitation of pavement, signing and striping along East Palm Canyon Drive from Perez Road to Auto Park Drive.
2. Da Vall Street Improvements (C08665)
The proposed Project is listed in the CIP 5 -Year Plan as Da Vall Drive Pavement Rehab S/O Ramon. The scope of this Project is to reconstruct the pavement on Da Vall Drive from Ramon Road to approximately 1,500 fee t south of the intersection and reconstruct four curb ramps, to be compliant with the American Disabilities Act (ADA).
3. San Eljay Pavement Rehabilitation (C08667)
The proposed Project is listed in the 5 -Year CIP Plan as Assessment District 86 - 5 (AD 86-5) Street Improvements. The scope of this Project is to reconstruct the pavement on San Eljay Avenue from McCallum Way to Ramon Road.
4. Whispering Palms Pavement Rehabilitation (C08668, Additive Alternate) This Project is listed in the CIP 5 -Year Plan as Assessment District 85-1 (AD 85- 1) Street Improvements, and it was considered by Staff as the local matching funds for the Whispering Palms Class III Bike Lane Project that was submitted for grant funding to the FY2023 /2024 Senate Bill 821 (SB 821) Call -For-Projects on April 2023.
City Staff received confirmation that Whispering Palms Class III Bike Lane Project will be selected for SB 821 grant funding at the next Board Meeting of Riverside County Transportation Commission (RCTC) scheduled at the end of July 2023. Therefore, Staff is recommending delaying the Whispering Palms Pavement Rehabilitation until SB 821 funding is allocated by RCTC and bid the Class III Bike Lane and the Pavement Rehabilitation Projects together.
5. Public Alley Reconstruction (C08670, Additive Alternate) This Project was bid in FY2020 /2021 and was rejected due to budget limitations.
The Council Report dated April 14, 2021, stated this Project will be brought back for Council approval. The scope of work for the proposed Project is to reconstruct the public alleyway bounded by Ramon Road to the north, Cathedral Canyon Drive to the east, and Roundup Road to the west and south.
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DISCUSSION:
On Wednesday, May 24, 2023, the City advertised an invitation to bid, requesting qualified contractors to perform the described scope of work found in Bid No. 23 -42E, which includes the Plans and Specifications for these Projects. This solicitation was made available to contractors for twenty -two (22) calendar days and advertised in the following locations:
• Desert Sun – Published on May 24, 2023
• PlanIT Print Works – From May 19, 2023, until June 14, 2023 • City’s Website – From May 19, 2023, until June 14, 2023
On June 14, 2023, the City received three (3) bid proposals for these Projects. The following table lists each qualified bidder by total price:
RANK CONTRACTOR AMOUNT
1 Granite Construction Company (Indio, CA) $1,475,874.00 2 ATP General Engineering Contractors (San Diego, CA) $1,573,844.75 3 Onyx Paving Company (Anaheim, CA) $2,453,000.00
The Bid Tabulation prepared by the Engineering Division is attached to this report for reference.
Based on the bids received, the lowest responsive bidder is Granite Construction Company (Granite) from Indio, CA.
An additive alternative bid was included a s part of the bid documents to consider the adjustment of the Coachella Valley Water District’s (CVWD) utilities, which is typically reimbursed by CVWD to the City. For these Projects, CVWD Staff has recommended to reject the additive alternative and to p erform the work with CVWD’s contractor.
Granite will be responsible for coordinating this work with CVWD.
The following table lists each qualified bidder, excluding the Additive Alternate Bid A for Utility Adjustments and Additive Alternate Bid B for Whi spering Palms Trail Pavement Rehabilitation Project.
RANK CONTRACTOR AMOUNT
1 Granite Construction Company $ 970,221.00
2 ATP General Engineering Contractors $1,236,686.45
3 Onyx Paving Company $1,753,760.00
Note: The removal of the Additive Alter nates Bid Schedule A and B does not affect the bid results and shows Granite from Indio, CA is the lowest responsive and responsible bidder.
Engineering Staff is recommending the City Council award a construction contract to Granite Construction Company, in the amount of $970,221.00 for the construction of the East Palm Canyon Drive Pavement Rehab Project (C08669), Da Vall Street
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Improvements (C08665), San Eljay Pavement Rehab (C08667), and the Public Alley Reconstruction Project (C08670), and approve a co ntingency in the amount of $97,022.10 for any unforeseeable construction costs; thereby, bringing the total construction budget for these Projects to $1,067,243.10; and authorize the City Manager to execute the required contract documents; and authorize th e City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.
All work will be performed within the existing City right -of-way. Construction is scheduled to begin in August 2023 and will be completed by November 2023.
ENVIRONMENTAL ANALYSIS:
These projects are categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 24CFR58.35 (a)(1), and Categorically Exempt under the California Environmental Quality Act (CEQ A), Section 15301 for “Existing Facilities”.
FISCAL IMPACT:
A summary of the Project construction cost for each Project is shown below:
1. East Palm Canyon Pavement Rehabilitation (C08669)
This Project is listed in the FY 2023 /2024 CIP Plan to be funded using Measure A funds in the amount of $200,000.00.
Granite’s construction bid for this Project is $174,390.00. Staff is proposing to include a ten percent (10%) contingency in the amount of $17,439.00 for any unforeseeable construction costs; thereby, b ringing the total construction budget for this Project to $191,829.00, and leaving a remaining balance of $8,171.00 of Measure A Funds.
FY 2023/2024 CIP Budget (Measure A) $200,000.00
Project Budget (Granite Bid plus contingency) $191,829.00 Remaining Balance (Measure A) $ 8,171.00
2. Da Vall Street Improvements (C08665)
This Project is listed in the FY2023 /2024 CIP Plan and it is proposed to be funded using Measure A funds in the amount of $350,000.00.
Granite’s construction bid for this Projec t is $335,700.00. Staff is proposing to include a ten percent (10%) contingency in the amount of $33,570.00 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $369,270.00, which will require additi onal General Fund (MOE) in the amount of $19,270.00 to complete this Project.
Project Budget (Granite Bid plus contingency) $369,270.00 FY 2023/2024 CIP Budget (Measure A) $350,000.00
Additional MOE funds required to complete the project $ 19,270.00
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3. San Eljay Pavement Rehabilitation (C08667)
This Project is listed in the FY 2023 /2024 CIP Plan and it is proposed to be funded using AD 86-5 funds in the amount of $550,000.00.
Granite’s construction bid for this Project is $343,756.00. Staff is pro posing to include a ten percent (10%) contingency in the amount of $34,375.60 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $378,131.60, and leaving a remaining balance of $171,868.40 on the Assessment District 86-5 funds.
Note: Assessment District Funds may only be used within the boundaries of the Assessment District.
FY 2023/2024 CIP Budget (AD 86-5) $550,000.00
Project Budget (Granite Bid plus contingency) $378,131.60 Remaining Balance (AD 86-5) $171,868.40
4. Public Alley Reconstruction (C08670, Additive Alternate)
This Project was bid on in FY2020 /2021 and it was included as an additive alternative for the FY2023 /2024 City wide Repaving Projects. The current bid for construction is $8,203 less than the bid received in 2021 (total amount of $124,578.00).
Granite’s construction bid for this Project is $116,375.00. Staff is proposing to include a ten percent (10%) contingency in the amount of $11,637.50 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $128,012.50. Staff is recommending including this project in the FY 2023/2024 Budget and funding this project with MOE available funds in the amount of $128,012.50.
Project Budget (Granite Bid plus contingency) $128,012.50
Additional MOE funds required to complete the project $128,012.50
Summary
Staff is requesting to allocate available Measure A Funds from account 243-100-150- 156-8800-8802 for the construction of East Palm Canyon Pavement Rehabilitation (C08669) and Da Vall Street Improvements (C08665) in the amount of $541,829.00, as shown below.
East Palm Canyon Pavement Rehabilitation (C08669) $200,000.00 Da Vall Street Improvements (C08665) $191,829.00
Total Measure A Funds $541,829.00
Staff is requesting to allocate available Assessment District 86 -5 Funds from account 344-100-150-156-8800-8802 for the construction of San Eljay Pavement Rehabilitation
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(C08667) in the amount of $378,131.60.
Staff is re questing to use available FY2023 /2024 CIP MOE Funds from account 100- 100-150-156-8800-8802 for the construction of East Palm Canyon Pavement Rehabilitation (C08669), Da Vall Street Improvements (C08665), and Public Alley Reconstruction (C08670) in the amou nt of $147,282.50. A summary of the MOE funds necessary to complete these Projects is as follows:
Project Additional
Funds
East Palm Canyon Pavement Rehabilitation (C08669) $0.00 Da Vall Street Improvements (C08665) $ 19,270.00
San Eljay Pavement Rehabilitation (C08667) $0.00
Public Alley Reconstruction (C08670, Additive Alternate) $128,012.50 Total MOE Funds $147,282.50
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other ci ty infrastructure are well planned, designed, constructed, and maintained.
Action B -16 Explore providing a General Fund Capital Projects Fund as part of development of the next Biennial Budget. (Additional MOE funds of $1,000,000 from the general fund were added to the budget for streets projects and some will be used on these projects).
ATTACHMENTS:
PROJECTS LOCATION
Bid Tabulation - City Repaving Projects
Contract
6.F
Packet Pg. 1016
6.F.a
Packet Pg. 1017
Attachment: PROJECTS LOCATION (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Perez Road
Auto Park
Drive
East Palm Canyon Drive
Project Location
EAST PALM CANYON DRIVE PAVEMENT REHAB
6.F.a
Packet Pg. 1018
Attachment: PROJECTS LOCATION (3811 : Award Contract to Granite Construction Ramon Road
Da VallDrive
Project Location
DA VALL STREET IMPROVEMENTS
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Packet Pg. 1019
Attachment: PROJECTS LOCATION (3811 : Award Contract to Granite Construction San EljayAveProject Location
SAN ELJAY PAVEMENT REHAB
McCallum Way
Ramon Road
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Packet Pg. 1020
Attachment: PROJECTS LOCATION (3811 : Award Contract to Granite Construction Roundup Road
Roundup Road
Cathedral Canyon Drive
Ramon Road
PUBLIC ALLEY RECONSTRUCTION
Project Location
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Packet Pg. 1021
Attachment: PROJECTS LOCATION (3811 : Award Contract to Granite Construction
CITY OF CATHEDRAL CITY
LANDAU BLVD MCCALLUM WAY INTERSECTION IMPROVEMENTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8662
1 MOBILIZATIO N LS 1 8,421.06$ 8,421.06 $ 38,000.00 $ 38,000.00 $ 8,400.00 $ 8,400.00 $ 18,000.00 $ 18,000.00 $ 2 TRAFFIC CONTRO L LS 1 7,017.55$ 7,017.55 $ 30,000.00 $ 30,000.00 $ 28,972.95 $ 28,972.95 $ 61,689.73 $ 61,689.73 $ 3 SIGNING AND STRIPING LS 1 4,210.53$ 4,210.53 $ 15,000.00 $ 15,000.00 $ 9,904.00 $ 9,904.00 $ 22,000.00 $ 22,000.00 $
4.1 GRIND 2" AC PAVEMENT AND DISPOSE SF 63,551 1.00 $ 63,551.00$ 0.50 $ 31,775.50$ 0.55 $ 34,953.05$ 0.77 $ 48,934.27$ 5 CONSTRUCT 2" TYPE III C-3 PG 70-10 AC PAVEMENT SECTION TON 768 100.00$ 76,800.00$ 98.00 $ 75,264.00$ 120.00 $ 92,160.00$ 177.00 $ 135,936.00$ 160,000.14$ 190,039.50 $ 174,390.00 $ 286,560.00 $ 1 MOBILIZATIO N LS 1 15,466.10$ 15,466.10 $ 63,500.00 $ 63,500.00 $ 16,000.00 $ 16,000.00 $ 22,000.00 $ 22,000.00 $ 2 TRAFFIC CONTROL LS 1 9,279.66$ 9,279.66 $ 48,800.00 $ 48,800.00 $ 29,049.96 $ 29,049.96 $ 76,767.05 $ 76,767.05 $ 3 SIGNING AND STRIPING LS 1 3,093.22$ 3,093.22 $ 15,000.00 $ 15,000.00 $ 1,561.00 $ 1,561.00 $ 15,000.00 $ 15,000.00 $
4.2 REMOVE AND DISPOSE FULL DEPTH AC PAVEMENT AND BASE
MATERIAL UP TO A TOTAL DEPTH OF 4.5" (3" AC + 1.5" BASE) SF 53,889 2.00 $ 107,778.00$ 1.10 $ 59,277.90$ 1.36 $ 73,289.04$ 1.55 $ 83,527.95$ 5 CONSTRUCT 4.5" HMA AC PAVEMENT SECTION PER SECTION
4000 - TECHNICAL SPECIFICATIONS TON
1,465 116.00 $ 169,940.00$ 98.00 $ 143,570.00$ 120.00 $ 175,800.00$ 177.00 $ 259,305.00$ 6 REMOVE AND DISPOSE EXISTING CURB RAMP EA 4 511.00$ 2,044.00 $ 5,000.00$ 20,000.00 $ 3,000.00 $ 12,000.00 $ 7,000.00 $ 28,000.00 $ 7 CONSTRUCT CURB RAMP TYPE A PER CALTRANS STD. PLAN
NO.A88A MODIFIED EA 4 4,290.00$ 17,160.00 $ 9,000.00 $ 36,000.00 $ 7,000.00 $ 28,000.00 $ 11,000.00 $ 44,000.00 $ 324,760.98$ 386,147.90 $ 335,700.00 $ 528,600.00 $ 1 MOBILIZATION LS 1 15,221.41$ 15,221.41 $ 50,000.00 $ 50,000.00 $ 16,000.00 $ 16,000.00 $ 33,000.00 $ 33,000.00 $ 2 TRAFFIC CONTROL LS 1 6,088.57$ 6,088.57 $ 40,000.00 $ 40,000.00 $ 32,931.87 $ 32,931.87 $ 61,796.73 $ 61,796.73 $ 3 SIGNING AND STRIPING LS 1 3,044.28$ 3,044.28 $ 5,000.00 $ 5,000.00 $ 2,346.00 $ 2,346.00 $ 10,000.00 $ 10,000.00 $
4.3 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 104,251.00 0.75 $ 78,188.25$ 0.55 $ 57,338.05$ 0.63 $ 65,678.13$ 0.77 $ 80,273.27$ 5 CONSTRUCT 3" HMA AC PAVEMENT SECTION PER SECTION 4000 - TECHNICAL SPECIFICATIONS TON
1,890 100.00 $ 189,000.00$ 98.00 $ 185,220.00$ 120.00 $ 226,800.00$ 177.00 $ 334,530.00$ 291,542.51$ 337,558.05 $ 343,756.00 $ 519,600.00 $ A-1 LOWER AND RAISE WATER VALVE TO GRADE PER CVWD
STANDARDS EA 21 1,240.00$ 26,040.00 $ 950.00 $ 19,950.00$ 1,720.00 $ 36,120.00 $ 1,800.00 $ 37,800.00 $ A-2 LOWER AND RAISE SEWER MANHOLE TO GRADE PER CVWD
STANDARDS EA 8 2,950.00$ 23,600.00 $ 1,000.00 $ 8,000.00 $ 3,050.00 $ 24,400.00 $ 2,200.00 $ 17,600.00 $ A-3 LOWER AND RAISE SEWER CLEANOUT TO GRADE PER CVWD
STANDARDS EA 1 2,950.00$ 2,950.00 $ 850.00 $ 850.00 $ 3,100.00 $ 3,100.00 $ 4,000.00 $ 4,000.00 $ 52,590.00$ 28,800.00 $ 63,620.00 $ 59,400.00 $ B-1 MOBILIZATIO N LS 1 17,179.48$ 17,179.48 $ 3,500.00 $ 3,500.00 $ 21,000.00 $ 21,000.00 $ 33,000.00 $ 33,000.00 $ B-2 TRAFFIC CONTROL LS 1 6,871.79$ 6,871.79 $ 3,500.00 $ 3,500.00 $ 26,376.56 $ 26,376.56 $ 81,039.58 $ 81,039.58 $ B-3 SIGNING AND STRIPING LS 1 3,435.90$ 3,435.90 $ 2,500.00 $ 2,500.00 $ 3,711.00 $ 3,711.00 $ 10,000.00 $ 10,000.00 $ B-4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 118,946 0.75 $ 89,209.50$ 0.55 $ 65,420.30$ 0.64 $ 76,125.44$ 0.77 $ 91,588.42$ B-5 CONSTRUCT 3" HMA AC PAVEMENT SECTION PER SECTION 4000 - TECHNICAL SPECIFICATIONS TON
2,156 100.00 $ 215,600.00$ 98.00 $ 211,288.00$ 120.00 $ 258,720.00$ 177.00 $ 381,612.00$ B-6 LOWER AND RAISE WATER VALVE TO GRADE PER CVWD
STANDARDS EA 17 1,240.00$ 21,080.00 $ 950.00 $ 16,150.00$ 2,100.00 $ 35,700.00 $ 1,800.00 $ 30,600.00 $
QUANTITY UNIT COST
SUB-TOTAL BID SCHEDULE NO.2
Engineers Estimate
TOTAL ITEM DESCRIPTION
BID SCHEDULE NO. 2: DA VALL
BID SCHEDULE NO. 3: SAN ELJAY PAVEMENT REHAB
ADDITIVE ALTERNATE BID SCHEDULE A: ADJUSTING
UTILITIES
SUB-TOTAL BID SCHEDULE NO.1
SUB-TOTAL BID SCHEDULE NO.3
TOTAL TOTAL
SUB-TOTAL ADDITIVE ALTERNATE BID SCHEDULE A
UNIT COSTUNIT
BID SCHEDULE NO. 1: EPC
ONYX PAVING COMPANY
UNIT COST TOTAL
GRANITE CONST. COMPANYATP GENERAL ENG
CONTRACTORS
UNIT COST
ADDITIVE ALTERNATE BID SCHEDULE B: WHISPERING
PALMS
6.F.b
Packet Pg. 1022
Attachment: Bid Tabulation - City Repaving Projects (3811 : Award Contract to Granite Construction
CITY OF CATHEDRAL CITY
LANDAU BLVD MCCALLUM WAY INTERSECTION IMPROVEMENTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8662
B-7 LOWER AND RAISE SEWER MANHOLE TO GRADE PER CVWD
STANDARDS EA 6 2,950.00$ 17,700.00 $ 1,000.00 $ 6,000.00 $ 3,400.00 $ 20,400.00 $ 2,000.00 $ 12,000.00 $ 371,076.67$ 308,358.30 $ 442,033.00 $ 639,840.00 $ C-1 MOBILIZATIO N LS 1 12,500.00$ 12,500.00 $ 25,000.00 $ 25,000.00 $ 4,700.00 $ 4,700.00 $ 30,000.00 $ 30,000.00 $ C-2 TRAFFIC CONTRO L LS 1 5,000.00$ 5,000.00 $ 25,000.00 $ 25,000.00 $ 57.40 $ 57.40 $ 75,803.00$ 75,803.00 $ C-3 REMOVE AND DISPOSE FULL DEPTH AC PAVEMENT SF 9,642 1.50 $ 14,463.00$ 9.00 $ 86,778.00$ 2.30 $ 22,176.60$ 11.00 $ 106,062.00$ C-4 CONSTRUCT 6" THICK CONCRETE ALLEY SF 8,386 8.50 $ 71,281.00$ 18.00 $ 150,948.00$ 8.25 $ 69,184.50$ 20.00 $ 167,720.00$ C-5 CONSTRUCT 8" THICK CONCRETE V-GUTTER SF 840 11.00 $ 9,240.00$ 40.00 $ 33,600.00$ 22.00 $ 18,480.00$ 45.00 $ 37,800.00$ C-6 SAWCUT AND MATCH EXISTING PAVEMENT LF 323 12.00 $ 3,876.00$ 5.00 $ 1,615.00$ 5.50 $ 1,776.50$ 5.00 $ 1,615.00$ 116,360.00$ 322,941.00 $ 116,375.00 $ 419,000.00 $ 1,316,330.30$ 1,573,844.75 $ 1,475,874.00 $ 2,453,000.00 $ 892,663.63$ 1,236,686.45 $ 970,221.00 $ 1,753,760.00 $
SUB-TOTAL ADDITIVE ALTERNATE BID SCHEDULE C
ADDITIVE ALTERNATE BID SCHEDULE C: PUBLIC
ALLEYWAY
SUB-TOTAL ADDITIVE ALTERNATE BID SCHEDULE B
TOTAL ALL BID ITEMS EXCLUDE ADDITIVE ALTERNATE SCHEDULE A AND B
TOTAL ALL BID ITEMS AND ALL ALTERNATIVES
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Packet Pg. 1023
Attachment: Bid Tabulation - City Repaving Projects (3811 : Award Contract to Granite Construction Agreement 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City, and Granite Construction Company, herein referred to as, "Contractor." W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. C
ontractor shall furnish all necessary labor, material, equipment, transportation and services for EAST PALM CANYON PAVEMENT REHAB CITY PROJECT NO. 8669, DA VALL STREET IMPROVEMENTS CITY PROJECT NO. 8665, SAN ELJAY PAVEMENT REHAB CITY PROJECT NO. 8667, AND PUBLIC ALLEY RECONSTRUCTION CITY PROJECT NO. 8670, BID NO. B23-42E, (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the I
nvitation to Bid dated May 24, 2023, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated June 14 , 2023, and
any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations and policies, which are, as amended from time to time, incorporated herein by reference.
3. Al
l work shall be done in a workman like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in Contractor’s performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within SIXTY (60) working days from the date of Notification to Proceed.
5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Nine Hundred Seventy Thousand, Two Hundred Twenty One Dollars and Zero Cents ($970,221.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
6. T
he Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).
7. C
oncurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.
8. C
ontractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.
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Packet Pg. 1024
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Agreement 1300-2
9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self - insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810- 1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.
12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of the City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.
17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.
19. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
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Packet Pg. 1025
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Agreement 1300-3
20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below "CITY"
CITY OF CATHEDRAL CITY,
a California municipal corporation
By:
Charles McClendon, City Manager
ATTEST:
Dated:
Tracey R. Hermosillo, CMC, City Clerk
APPROVED AS TO FORM:
Dated:
Eric Vail, City Attorney
“CONTRACTOR”
Dated:
Dated: By:
Name:
Title:
Dated: By:
Name:
Title:
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]
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Packet Pg. 1026
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on June 28, 2023, awarded to Granite Construction Company , hereinafter designated as the Principal, a Contract for EAST PALM CANYON PAVEMENT REHAB CITY PROJECT NO. 8669, DA VALL STREET IMPROVEMENTS CITY PROJECT NO. 8665, SAN ELJAY PAVEMENT REHAB CITY PROJECT NO. 8667, AND PUBLIC ALLEY RECONSTRUCTION CITY PROJECT NO. XXXX, BID NO. B23-42E, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and Travelers Casualty Insurance and Surety Company of America, as Surety, are held and firmly bound unto the City in the just and full amount of Nine Hundred Seventy Thousand, Two Hundred Twenty One Dollars and Zero Cents ($970,221.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one- year guarantee period, during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
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Packet Pg. 1027
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 28th day of June, 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
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Packet Pg. 1028
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Payment Bond 1320-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on June 28, 2023, awarded to Granite Construction Company, hereinafter designated as the Principal, a Contract for EAST PALM CANYON PAVEMENT REHAB CI TY PROJECT NO. 8669, DA VALL STREET IMPROVEMENTS CITY PROJECT NO. 8665, SAN ELJAY PAVEMENT REHAB CITY PROJECT NO. 8667, AND PUBLIC ALLEY RECONSTRUCTION CITY PROJECT NO. XXXX, BID NO. B23-42E, and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and Travelers Casualty Insurance and S urety Company of America, as Surety, are held and firmly bound unto the City in the just and full amount of Nine Hundred Seventy Thousand, Two Hundred Twenty One Dollars and Zero Cents ($970,221.00), executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other su pplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the t erms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
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Packet Pg. 1029
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this 28th day of June, 2023, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
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Packet Pg. 1030
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Workers' Compensation Insurance 1330-1
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature
Title
Date
6.F.c
Packet Pg. 1031
Attachment: Contract (3811 : Award Contract to Granite Construction Company for City-Wide Repaving Projects) Liability & Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, demand, damage, liability, loss, cost or expense (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.
The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340- 2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following:
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a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub- consultants are hereby added as additional insured insofar as Work done under this Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may
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possess, and any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to t he City. Such notice shall be sent to:
City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.
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Cathedral City Page 1 of 3 Printed on 6/22/2023
Staff Report
City Council
Item No. 6.G
Meeting Date: June 28, 2023
From: John Corella, Director of Engineering/Public Works Title: Consulting Agreement for Christiansen and Co. for Engineering Land Development Management Support
City Council
RECOMMENDATION:
To approve a Professional Services Agreement with Christiansen & Company to provide Land Development Engineering Support Management Consulting Services for the not to exceed total of $93,000; and authorize the City Manager to execute the Agreement.
BACKGROUND:
Cathedral City is still experiencing growth with new developments continually being submitted to the Development Services Department. These projects are in the queue and moving through the planning stages. Again, this year’s developm ent expansion provides increased opportunities for the City.
Even though these new development projects are submitted through the City’s Development Services Department, the City’s Engineering Division is significantly involved in the pre -submittal proc ess, submittal process, the entitlement process (Planning Commission); and after entitlement, the actual plan preparation, permitting process and construction process. Evidence of these efforts is seen on the projects that have been constructed and issued certificates of occupancy.
At this time, the Engineering Division’s support for development is being managed and performed by the Director of Public Works (Director) and contracted plan checkers.
Recognizing that development is critical to the City, and that it take s significant hourly resources to manage and process the Engineering Division’s portion of the process, in September 2022, the City Council approved a full time Land Development Engineer into the Budget moving forward from that date.
DISCUSSION:
Since that approval date, the City’s Human Resources Division has provided significant resources to recruit a Land Development Engineer for the position. A quality candidate
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with the right qualifications has not applied.
The Director of Public Wor ks, Development Services and the City Engineer have reviewed the current Development Services queue to assess the current development workload and the development projects projected to be submitted. Since the Land Development Engineer position has not bee n filled there still is a need for additional resources. Currently, with HR Green providing development support engineering, the gap in processing development projects is tightening to ensure predictability. The process still needs a higher level of manag ement, and this is currently provided by the Director.
Recently, Mr. Keith Christiansen of Christiansen & Company , Riverside, CA heard the City was looking for support and reached out to the Public Works Director to see if he could provide support in the management of the development process. Mr.
Christiansen has over 30 years of history working with both the private and public sector on projects. In addition, Mr. Christiansen has an excellent history of working with regional and local governments on th e entitlement of projects for developers . The Director also knows Mr. Christiansen’s background and has worked with Mr.
Christiansen on developer projects here at the City and in the Coachella Valley for over 30 years.
Mr. Christiansen’s experience will allow the Director to continue moving the Engineering Division’s development workload back into a more predicable process in the interim period prior to hiring a full time Land Development Engineer. This management assistance will allow the Director to work with the developers at the introductory stages and pass on the general oversight management to Mr. Christiansen. Mr. Christiansen will manage the work of the current contract plan checkers and HR Green’s personnel (currently working within the mid-level management of the process).
Mr. Christiansen will be able to support the management of the pre and post entitlement process off-site for approximately eight (8) hours a week. Initially, there may be a few days in the office to orient Mr. Christians en on the City’s entitlement process and meet City and contract Staff. This may increase and/or decrease depending on certain milestones in various development projects being completed and others being initiated.
The estimate for these services is $93, 000 and will be paid at the hourly rates in the proposal.
Mr. Christiansen has submitted a proposal, which has been reviewed and is in line with current support services provided by similar management consultants. Staff is recommending a Consulting Services Agreement be authorized for a period of one (1) year at a not to exceed $9 3,000 for Engineering Management Development Support Services. Once a land development engineer is hired to the Cathedral City Staff, there will be a training/transition period that will be determined at the date of hire and evaluation of all engineering development consulting services.
FISCAL IMPACT:
For FY 2023/2024, to fund the engineering development support services in the pre - entitlement phase, Mr. Christiansen’s services, directly related to a development project,
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will be reimbursed directly by the developer from the Development Services Department’s application deposit. This is consistent with how outside services are currently paid for in this pre -entitlement phase. As a result, there will not be a budget adjustment.
The FY 2023/2024 has available salary and benefit funding for the estimated $93,000 portion of the Agreement amount will be incurred during the fiscal year. It is proposed this cost be funded from the sa lary savings from the unfilled Land Development Engineer position. Since the City will not incur staff labor costs, there will not be a budget adjustment for these contracted services.
Once the land development engineer is hired (planned for FY 2023/2024) , a budget adjustment in a “to be determined amount” (depending on the timing of hire) may be required for the training/transition period (period to be evaluated on skill level of employee hired).
FIVE-YEAR STRATEGIC PLAN:
GOAL A: SERVE THE COMMUNITY WITH PRIDE AND DEDICATION
Objective: Through diversity, equity and inclusion driven employee programs and employee experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated and respected public stewards.
GOAL C: FISCAL STABILITY AND SUSTAINABILITY
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal poli cies and transparent financial practices.
Action C -12 Implement a private development entitlement and plan review system which is predictable, streamlines internal intake and review processes, and creates applicant experiences which are facilitative vs regulatory.
ATTACHMENTS:
Christiansen Company - Development Support Agreement-Final
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AGREEMENT FOR DEVELOPMENT SUPPORT SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
CHRISTIANSEN & COMPANY
This Agreement for Design Professional Services (“Agreement”) is entered into as of June 28 , 2023 (“Effective Date”) by and between the C ity of Cathedral City , a municipal corporation (“City”) and Christiansen & Company, a California Cor poration (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiations 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 services 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 compe tence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of t hat performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year 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 the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) S chedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the 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 Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and wh en such additional work 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, 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 Ni nety-Three Thousand Dollars ($93,000), u nless additional compensation is approved in writing in accordance with Section 2 5 “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 perfor med 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 performed 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 returned by City to Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty -five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be dee med to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when c ompleted. City shall rejec t or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise 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 such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work 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, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and ot her documents prepared, dev eloped or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, 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, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and recor ds demonstrating or relating to Design 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 relating to work, services, expenditures and disburse ments charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to per mit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shal l 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 t o dissolution or termination of Design Professional’s business, City may, by written request, require that custody of such documents or records be given to the City.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly 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 obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expr essly 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, employees, 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 offic ers, employees or agents, s hall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional man ner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally ac cepted standards and practi ces utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thorou ghly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services 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 equity, as a result of any failure of Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California 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 pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers
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done under contract and paid for in whole or in part out of public 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, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 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 Manager. Des ign Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and fil ing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related ser vices for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
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SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall 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 authorization f rom the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design 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 in violation of this Agreement, then City shal l have the right to reim bursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its o fficers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any 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, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional . 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 (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional 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 design 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 to 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 defense costs. The provisions of this section pertaining to Design Professional’s duty to defend shall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the projec t for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. 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 requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the terminat ion of this Agreement or this section.
(c) Cit y'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. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who w ill fulfill the duties and obligations imposed 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 Agreement or t he
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performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. D esign Professional shall no tify 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 w ithout cause, at 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 Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared 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 terms of this Agreement, the City shall not have any obligation or duty to co ntinue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Prof essional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is
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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 invoices during the period of default. If Design Professional does not cure the def ault, the City may take nec essary 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 of the City’ s legal rights or any right s 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 perform due to causes beyond the control of Design P rofessional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusuall y severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for c arrying out the Services shall be furnished to Design 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 gi ven under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Keith Christiansen
Christiansen & Company
5225 Canyon Crest Drive
Riverside, CA, 92507
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the au thority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated re presentative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, 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 approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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 Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by 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 according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Rivers ide, California. In the event
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of litigation in a U.S. District Court, venue shall lie exclusively 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 enf orce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whet her oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining 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. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
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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 CHRISTIANSEN & COMPANY
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO 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 ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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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 ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under t he laws of th e 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 frau dulent 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: Christiansen Company - Development Support Agreement-Final (3805 : Consulting Agreement for Christiansen and Co. for Land
A-1
EXHIBIT "A"
SCOPE OF SERVICES
See attached Exhibit A, Item 1.
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Attachment: Christiansen Company - Development Support Agreement-Final (3805 : Consulting Agreement for Christiansen and Co. for Land
5225 Canyon Crest Drive, Ste. 251 – Riverside, Ca. 92507 Ph: 951-323-4713 Fax: 951-405-8410
e-mail: [email protected]
1 Proposal/Contract
June 15, 2023
P-0523_CCC_EDMSS_061623
John Corella
Director of Public Works
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, Ca. 92234
Email: [email protected]
Re: Proposal for Engineering Services –
Engineering Development Manager Support Services
Dear Mr. Corella,
Keith Christiansen of Christiansen & Company shall provide extensive Land Development Managerial Support as well as Civil Engineering expertise/guidance for the City of Cathedral City. Mr. Christiansen has over 30 years of civil engineering experience in the Coachella Valley in both the public and private sector. In addition, Mr.
Christiansen has excellent business relationships with all Riverside County government agencies. Mr. Christiansen shall be available for any staff or developer questions on an as needed basis. Meetings can be orchestrated in-person or by video conference.
Thank you for the opportunity.
1.1 Scope of Services – Civil En gineering Development Management Support Services
Christiansen & Company shall perform engineering services for the above project consisting of the following:
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Attachment: Christiansen Company - Development Support Agreement-Final (3805 : Consulting Agreement for Christiansen and Co. for Land
5225 Canyon Crest Drive, Ste. 251 – Riverside, Ca. 92507 Ph: 951-323-4713 Fax: 951-405-8410
e-mail: [email protected]
2 Provide the Director of Engineering/ Public Works support in managing Pre- entitlement and Post-entitlement development Projects.
o Including managing development re views, managing and working with internal Staff and Planning Department and various on call consultants (plan checkers, traffic, development projects support)
o Maintain and update development queue list, support reviews of development reports, e.g. hydrology studies, WQMP Reports, various Covenants, reviews of CC and R’s, traffic study scoping agreements, traffic studies, geotechnical reports, FIRM map reviews and FEMA flood zone reviews.
o Plan check oversights, oversight of dev elopment a conditions of approval checklist and developing conditions of approval for pre-entitlement development projects, all in an effort to streamline the Engineering Development review process to make the process more predicable for the development community.
2.1 Fees and Charges
A. Our fees are based on providing the abov e services at a rate of $225/hr. The maximum hours per week are eight (8) hours. Maximum pay per year is $93,000.00 (ninety three thousand dollars).
FEE SCHEDULE
Principal/Civil Engineer $225.00/hr
Principal Engineer $200.00/hr
Project Manager $195.00/hr
Designer/Draftsman $115.00/hr
Clerical $50.00/hr
Mileage $ 0.45/mile
Photocopies(B&W) $0.15 ea
Photocopies(Color) $2.00 ea
Administration $75.00/hr
Compact Disks/DVD $10.00/ea
Secretarial $75.00/hr
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Attachment: Christiansen Company - Development Support Agreement-Final (3805 : Consulting Agreement for Christiansen and Co. for Land
5225 Canyon Crest Drive, Ste. 251 – Riverside, Ca. 92507 Ph: 951-323-4713 Fax: 951-405-8410
e-mail: [email protected]
3 3.1 Limits of Liability
The client agrees to limit Christiansen & Company liability to the client and all contractors and sub contractors on this project due to Christiansen & Company acts, errors or omissions such that the total aggregate liability shall not exceed the amount of the total fees paid to Christiansen & Company under Item 2.1.A.
Insurance Carrier-Pro fessional Liability:
HISCOX PRO Policy No.: ANE4788912.23
Amount: $1,000,000 ea. Claim/$1,000,000 aggregate
Insurance Carrier-General & Commercial Liability
State Farm Policy No.: 92-GA-4237-5
Amount: $2,000,000/$4,000,000 aggregate
Driving Insurance:
USAA Policy No.:
Amount: $ 1,000,000.00 per person/per accident Liability Bodily Injury Amount: $ 300,000.00 property damage per accident
Amount: $ 1,000,000.00 per person/per accident Liability Bodily Injury Uninsured Motorist
If you approve of the above description of services and terms, please sign below and return by mail or email.
Thank you.
Representative/Client Date
Submitted by Keith A. Christiansen, Owner Date
R.C.E. 50083 Exp. Date 6/30/25
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B-1
EXHIBIT "B"
COMPENSATION
See Exhibit B, Item 1.
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Attachment: Christiansen Company - Development Support Agreement-Final (3805 : Consulting Agreement for Christiansen and Co. for Land
5225 Canyon Crest Drive, Ste. 251 – Riverside, Ca. 92507 Ph: 951-323-4713 Fax: 951-405-8410
e-mail: [email protected]
2 Provide the Director of Engineering/ Public Works support in managing Pre- entitlement and Post-entitlement development Projects.
o Including managing development re views, managing and working with internal Staff and Planning Department and various on call consultants (plan checkers, traffic, development projects support)
o Maintain and update development queue list, support reviews of development reports, e.g. hydrology studies, WQMP Reports, various Covenants, reviews of CC and R’s, traffic study scoping agreements, traffic studies, geotechnical reports, FIRM map reviews and FEMA flood zone reviews.
o Plan check oversights, oversight of dev elopment a conditions of approval checklist and developing conditions of approval for pre-entitlement development projects, all in an effort to streamline the Engineering Development review process to make the process more predicable for the development community.
2.1 Fees and Charges
A. Our fees are based on providing the abov e services at a rate of $225/hr. The maximum hours per week are eight (8) hours. Maximum pay per year is $93,000.00 (ninety three thousand dollars).
FEE SCHEDULE
Principal/Civil Engineer $225.00/hr
Principal Engineer $200.00/hr
Project Manager $195.00/hr
Designer/Draftsman $115.00/hr
Clerical $50.00/hr
Mileage $ 0.45/mile
Photocopies(B&W) $0.15 ea
Photocopies(Color) $2.00 ea
Administration $75.00/hr
Compact Disks/DVD $10.00/ea
Secretarial $75.00/hr
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C-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages . Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of thi s Agreement, against claims for injuries to persons or damages to property whic h may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintai n the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office for m Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Ve hicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. C overage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollar s
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
b. S ervice Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the in surance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Staff Report
City Council
Item No. 6.H
Meeting Date: June 28, 2023
From: John Corella, Director of Engineering/Public Works Title: Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) Amendment No. 1 for the Improvement of Date Palm Drive between I-10 and Varner Road and Approval of an Agreement with MSA Consulting, Inc. to complete the Design of the Improvements
City Council
RECOMMENDATION:
To Approve Amendment No. 1 to the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for the Improvement of Date Palm Drive between Interstate 10 and Varner Road, adding $688,000 to the overall Project cost, with the City's share for this Amendment No. 1 as $172,000 and CVAG's share as $516,000; and authorize the Mayor and City Manager to execute the Agreement; and approve an Agreement for Design and Professional Services with MSA Consulting, Inc. to complete the design of the Date Palm Drive between Interstate 10 and Varner Road in the amount of $688,000 and authorize the Director of Public Works to execute the Agreement; and amend the FY 2023/2024 and 2024/2025 CIP Plan to reflect the CVAG and City commitments.
BACKGROUND:
In October 2013, the C oachella Valley Association of Governments (CVAG) Executive Committee approved a Reimbursement Agreement (Agreement) with the City of Cathedral City to design and construct Date Palm Drive between Interstate 10 and Varner Road (Project) in three phases (Agreement and location map attached). At the time the Agreement was authorized, the Project ranked number two in the 2010 Transportation Project Prioritization Study (TPPS). This roadway is also identified as Segment No. 1 for the purposes of the Varner Road Task Force (Map attached).
In 2015, the City completed an initial design of two lanes of roadway and constructed those two lanes as the initial phase of the Project. However, the cost of utility relocations (power poles) , the improvements necessary at the Long Canyon Wash crossing, and overall genera l construction cost escalation s at that time prevented the City from moving to complete the next phases of the Project, which includes an additional four vehicular travel lanes as well as active transportation improvements.
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This past fall and winter, En gineering Staff worked with the Riverside County Flood Control District (RCFCD) to secure a 2023-2028 budget commitment for construction funding of the Long Canyon Wash stormwater crossing improvements (less roadway improvements) in an amount up to $1,966,500 toward this specific construction line item. This funding participation from RCFCD significantly reduces the Project’s overall remaining construction cost as this crossing’s estimated cost was one of the major factors in the Project not moving to the next phase in the past.
DISCUSSION:
Reimbursement Agreement Amendment No. 1
Knowing the RCFCD funding commitment of the Long Canyon Wash stormwater crossing participation was recommended for approval by RCFCD Staff and its Zone 6 Commissioners to the Ri verside County Board of Supervisors , Staff has been proactively working these past four months with CVAG Staff to move th e Project to the next phases.
Additionally, to keep the momentum moving forward on this Project, Staff had reached out to MSA Consul ting, Inc. (MSA), the original design consultant for the Project to provide a proposal for a contract amendment to continue onto the next design phase of the Project. MSA’s cost to updating the first phase design includes the improvements required at the Long Canyon Wash crossing; adding four (4) more travel lanes, curb and gutter, sidewalk(s) and bicycle lanes , utility relocations and signalizing the intersection of Date Palm Drive and Varner Road. The proposal will also include the securing of the regulatory permits needed for the roadway crossing and stormwater improvements at the Long Canyon Wash. (Note: A new Consulting Services Agreement with MSA is required, as the previous agreement has expired).
Having the MSA Contract Amendment cost proposal of $688,000 (attached) to provide shovel ready plans for th e next Project phase in hand; on May 23, 2023, Staff formally requested CVAG process an amendment (Amendment No. 1) to cover the additional cost of the Project’s next design phase (City submitted r equest attached) . This Amendment will finalize the design and allow the Project to move forward toward the Project’s construction. This additional cost of $688,000 will be split in accordance with CVAG policy with the City responsible for 25% ($172,000) and CVAG responsible for 75% ($516,000) of the eligible cost for the design work.
Amendment No. 1 with CVAG to finalize the design and construct the Project was approved by the CVAG Transportation Committee on June 6, 2023 and the CVAG Executive Committee on June 26, 2023.
Professional Services Agreement with MSA
MSA was selected to continue with the design of the Project to maintain Project continuity as MSA maintains the base sheets for the original two (2) lane design of this
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roadway section. CVAG and City Staff both agreed that keeping this continuity with MSA allows the Project to continue to the next phase as intended in the originally approved Reimbursement Agreement for the Improvement of Date Palm Drive between Interstate 10 and Varner Road.
Both City and CVAG Staff reviewed the proposal and agreed the cost of the services to complete the design phase of the Project, which include the Long Canyon Crossing, utility relocations, updating the CEQA documents, securing the regulatory permits (ACOE 404 permit and CAFW 1603), signal plans for intersection of Date Palm Drive and Varner Road and additional environmental and tribal consultations are in line with similar work contracted for by each agency.
Funding Summary to Date (does not include Amendment No. 1)
Date Palm Drive between I-10 and Varner Road - Expenditures Summary
Total Project Cost $ 3,116,000.00
Expended: $ 618,844.73
Balance remaining: $ 2,497,155.27
CVAG (Regional Share @75%) $ 2,337,000.00
Approved by Exec. Committee (10/28/2013)
Expended: $ 464,133.55
Balance remaining: $ 1,872,866.45
City of Cathedral City (Local Share @25%) $ 779,000.00
Expended: $ 154,711.18
Balance remaining: $ 624,288.82
The reimbursemen t agreement between CVAG and the City has a total remaining balance of $2,497,155.27. Amendment No. 1 will require CVAG provide an additional $516,000 in regional funding, bringing CVAG’s not -to-exceed share of the Project costs to $2,853,000 (75%) and the City’s share of the Project cost to $951,000 (25%).
City Council Actions
There are two items requiring the approval of the City Council tonight. The first is the approval of the Reimbursement Agreement Amendment for the Improvement of Date Palm Driv e between Interstate 10 and Varner Road to secure the CVAG funding reimbursements necessary to complete the design of this next phase of the Project; the second is the approval of an Agreement for Design Professional Services with MSA to commence the final design of this section of roadway.
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FISCAL IMPACT:
The current program Funding for this design item is listed in the City’s FY 2023 -24 and 2024-25 Capital Improvement Project (CIP) Plan as the Date Palm – I-10 to Varner Project identified as total of $625,000 comprised of:
• CVAG’s design share totaling $450,000: 331-100-150-156-8600-8601 o $225,000 for each FY, respectively, for a total of $450,000 • City’s design share totaling $175,000: 100-100-150-156-8600-8601 o $87,500 for each FY, respectively, for a total of $175,000
Staff is requesting that the FY 2023 /2024 and 2024/2025 Capital Improvement Program (CIP) amounts for this Date Palm – I-10 to Varner Project be amended as follows:
• CVAG’s design share totals $516,000: 331-100-150-156-8600-8601 o FY 2023/2024 = $387,000
o FY 2024/2025 = $129,000
o Total = $516,000
• City’s design share totals $172,000: 100-100-150-156-8600-8601 o FY 2023/2024 = $129,000
o FY 2024/2025 = $ 43,000
Once the design is complete by MSA and the Project moves to construction, the RFCFD funding in the amount of $1,966,500 will be applied to the Long Canyon Wash drainage improvement line item only.
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrast ructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
Executed 10-28-2013 CVAG Agency Reimbursement Agreement Date Palm Drive 1-10 to Varner Road Location Map
Varner Road Sections
2023-05-23 Letter to CVAG for Amendment No. 1
MSA Date Palm I-10 to Varner Final Design Services Proposal CVAG Transportation Commission Staff Report 06-05-2023
Amendment No. 1 to the Reimbursement Agreement for Date Palm Drive I-10 to Varner Road
MSA-Design Professional Agreement
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10
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Attachment: Executed 10-28-2013 CVAG Agency Reimbursement Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 Project
Limits
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Attachment: Date Palm Drive 1-10 to Varner Road Location Map (3806 : Reimbursement Varner Road Sections
Varner Road Task Force
Section 1: Date Palm
Drive
from I-10 to
Varner Road
Section 2: Varner Road
from Mountain View
Road to Date Palm
Drive
Section 3: Varner Road
from Palm Drive to
Mountain View Road
Section 4: Varner Road
from Date Palm Drive
to Bob Hope Drive
1 2
3 4
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Attachment: Varner Road Sections (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Agreement)
68700 Avenida Lalo Guerrero Cathedral City, CA 92234 (760) 770-0327 FAX (760) 202-1460 e-mail: [email protected]
ENGINEERING DIVISION
May 23, 2023
Jonathan Hoy, P.E.
Director of Transportation
Coachella Valley Association of Governments
74-199 El Paseo, Suite 100
Palm Desert, CA 92260
Re: Amendment to the Agency Reimbursement Agreement for the Improvement of Date Palm Drive between Interstate 10 and Varner Road
Dear Mr. Hoy;
The City of Cathedral City (City) is moving forward with the completion of Phases I, II and III of the current Improvement of Date Palm Drive be tween Interstate 10 and Varner Road (Project). This Cooperative Agreement (Agreement) with the Coachella Valley Association of Governments (CVAG) was initially approved in 2013.
In 2015 the City completed an initial design of two (2) lanes of roadway and constructed said two (2) lane roadway as an initial phase of the Project. The cost of utility relocations, the Long Canyon Wash, and overall general construction cost escalation prevented the City from moving to complete the next phases of the Project adding additional lanes.
The need to accommodate the increasing roadway service levels on this corridor, and the cost impediments to completing the subsequent phases of the Project have been diminished with a construction phase funding partner, Riverside County Flood Control District (RCFCD). RCFCD has included funding for stormwater crossing improvements (less roadway improvements) for the Long Canyon Wash crossing at Date Palm in the amount of $1,966,500. This contribution will provide a great impact to the construction budget for this Project at a significantly costly location along the Project route.
In discussions with CVAG Staff, the City cited that with the additional RCFCD construction funding the next phases of the Project need to be completed. Thus, the City requested that MSA Consulting Inc., as an addendum to the existing design contract, submit a proposal for the next phase design of the Date Palm Drive between the Interstate 10 Interchange and Varner Road. The proposal includes four (4) more travel lanes, curb and gutter, sidewalks and bicycle lanes, a crossing design for the Long Canyon Wash and the intersection of Date Palm Drive and Varner Road. The cost of this proposal is $688,000 and is enclosed with this letter.
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Attachment: 2023-05-23 Letter to CVAG for Amendment No. 1 (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and Page 2 May 23, 2023
The reimbursement agreement between CVAG and the City has a remaining balance of $2,497,155.27 as shown below.
Phase Amount Expended Balance by Phase
Preliminary Eng. (phase I) $ 246,000.00 $ 204,163.59 $ 41,836.41 Construction Eng. (Phase II) $ 1,200,000.00 $ 6,419.24 $ 1,193,580.76 Construction (Phase III) $ 1,670,000.00 $ 408,261.90 $ 1,261,738.10 Totals: $ 3,116,000.00 $ 618,844.73 $ 2,497,155.27
The City is requesting that CVAG amend the Reimbursement Agreement to include the cost submitted by MSA for the completion of the phased design of Date Palm Drive between the Interstate 10 Interchange and Varner Road ($688,000 plus 10% contingency = total $756,800) to the ultimate right of way condition utilizin g the funds available in the Project budget ($2,497,155.27).
The City is also requesting that, once the design of the Project is completed, and after MSA provides a comprehensive engineer’s estimate for the construction work, that the remaining funds of $1,740,355.27 be for the completion of the construction work. The $1,966,500 contribution from RCFCD will be applied to the Long Canyon Wash drainage improvement line item only.
Sincerely,
Armando J. Garcia Baldizzone, P.E.
City Engineer
cc.: John Corella, PE. Director of Public Works/Engineering - City of Cathedral City
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Attachment: 2023-05-23 Letter to CVAG for Amendment No. 1 (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
Project: Date Palm Widening – Cathedral City, CA
Final Design Services
MSA Job #:
2189.001
MSA RFP #:
1540
Initiated for: Mr. John Corella
City of Cathedral City
Agreement Reference:
Agreement dated 02/12/2014
Date:
May 23, 2023
MSA Project Manager:
Michael Rowe, PE
The following change is proposed for the above referenced project and is a request to amend the previous contracted relationship between MSA Consulting, Inc. and the City. This Contract Amendment is to serve as an addendum to the existing contract established between the two parties. For hourly services, current hourly rates shall apply. A signed copy of a Professional Service Agreement, or a signed copy of this amendment, will serve to acknowledge approval of the terms contained herein:
1.1. Boundary and Strip Topo (Including 500’ E&W on Varner) Perform a boundary survey of the property to establish accurate property lines and provide aerial topographic mapping to create an accurate base map for design purposes. Tasks will include:
▪ Perform record map research and complete a boundary survey of the site. ▪ Set targets and tie in control for aerial photogrammetry. ▪ Fly, photograph and map the site for production of topographic mapping at 1”=40’ scale and produce a base map with 1 ft. contour intervals in digital format. ▪ Perform supplemental field survey of all existing visible surface utilities adjacent to and within the site.
▪ Review Preliminary Title Report and support documents and plot any existing easements and rights of way.
▪ Provide Base Plan, annotated with notes.
1.2. Utility Research
Research and map the relevant utilities a ffecting Date Palm Drive for use in identifying possible service connections and existing site design constraints. Tasks will include :
▪ Perform utility research.
▪ Prepare an existing utility base plan in AutoCAD format. ▪ Visit the site to field verify utilities.
1.3. Street Improvement Plans
Prepare Street Improvement Plan at a scale of 1”=40’ for approximately 3,500 linear feet along Date Palm Drive and approximately 500’ east and west from Date Palm on Varner Road.
Improvements include full street section (centerline to right -of-way) having medians and sidewalks, including proper transitions to existing pavement on Varner Road and Interstate 10 on/off ramps; process through the City for approval.
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 2
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.4. Strom Drain Plans
Prepare Storm Drain Plans for appro ximately 800 LF of Regional facilities southwest of the intersection of Date Palm and Varner based on offsite hydrology calculations provided by others; process through the City and Riverside County Flood Control for approval.
1.5. Right of Way Exhibits and Grant Deeds
▪ Prepare legal description and exhibit to dedicate ultimate road rights of way for Date Palm Drive to the City. Once approved, City or Title company to record at the recorder’s office.
▪ Prepare and submit Right-of-Way Dedication application, legal descriptions, exhibits and site plan to dedicate a portion of Varner Road for public street purposes. Once approved, City or Title company to record at the recorder’s office. ▪ Includes preparation of grant deed, preliminary change of ownership and tax transfer affidavit, obtain owner’s notarized signature, to record at recorder’s office.
1.6. Landscape Architecture for Median Only
▪ Conceptual Landscape Plan: MSA will develop a conceptual landscape study illustrating proposed elements for the Date Palm Drive median only, and associated plant palettes for City review and approval. Upon receipt of final conceptual architecture, grading and site plan, MSA will then prepare a colored Conceptual Landscape Plan in accordance with agency requirements that depicts conceptual planting areas, materials and design images suitable for entitlement processing and approval:
▫ One (1) Conceptual Landscape Design Study presented in plan view with associated landscape character imagery.
▫ One (1) Conceptual Landscape Median design.
▫ One (1) Presentation to City for discussion and comment. ▫ One (1) Refined Conceptual Landscape Plan Incorporating City comments. ▫ One (1) Refined image board to convey landscape design and finish level of improvements.
▪ Prepare construction drawing level landscape plans, incorporating the approved preliminary landscape plan, to include the following:
▫ Hardscape Plan.
▫ Construction/Site Details.
▫ Planting Plan indicating all plant material in both com mon and botanical names, quantities, container sizes and water use requirements. ▫ Automatic Irrigation System Plan with equipment legend and water use calculations.
▫ Preliminary estimate of probable construction costs.
▫ Specifications and details.
▫ Soils Management Report including coordination with local laboratory who will obtain project site samples and provide formal report. ▫ Final estimate of probable construction costs.
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 3
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.7. Final Cost Estimate
Create a final Engineering Estimate of Probable Costs, based on approved plans, or when requested by the City, for bonding purposes and map recordation.
1.8. Dust and Erosion Control Plan / Monitoring (One Year) ▪ Fugitive Dust Control Plan: Prepare Fugitive Dust Control Plan (PM -10 Plan) and process through the City for approval. Final approval by the City will be contingent on City identifying the contractor’s contact information and documentation of SCAQMD dust control training.
▪ Erosion Control Plan: Prepare Erosion Control Plan; process through the City f or approval.
▪ Weekly QSP Monitoring: The construction project is required to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009 -0009-DWQ, as amended by Order No. 2010-0014-DWQ. The project’s permit registration documents are deemed public records and therefore electronically accessible by the City of Cathedral City regulatory agencies, and the residents.
The permit requires visual Inspections by a Qualified SWPPP Practitioner (QSP) or trained individual to take place for the duration of the construction process, which is anticipated to take approximately 12 months per City’s schedule: 1) on a weekly basis, 2) at least once each 24 -hour period during an extended storm event, and 3) within 48 hours after a qualifying rain event (producing 0.5 inches or more in precipitations). Information from the monitoring records is utilized to prepare the Annual Report, which must be completed and electronically submitted no later than September 1 of each year via SMARTS.
▫ Perform weekly QSP Monitoring with corresponding reports for an estimated 52 weeks during construction until turned over to City’s representative.
▪ Daily LAQMP Environmental Observer: The South Coast AQMD requires daily recordkeeping of dust control activities by an AQMD certified individual. MSA will record daily activities as well as form a portion of the team that provides 24 -hour availability to respond to complaints and calls relative to dust control. All areas of the property will be in one of five stabilized conditions at all times: Native, Pre - watering, Grading with truck watering, short term stabilization (polymer) or long - term stabilization (vegetation and polymer).
▫ Act as a LAQMP observer to perform daily site visits and prepare corresponding reports for an estimated 52 weeks.
▪ 2023-2024 NPDES Annual Report : Compile observations and monthly reports for the NPDES Annual Report, due no later than September 1, 2024 or at the time of project completion.
▪ Miscellaneous Monitoring Compliance Assistance: Provide miscellaneous assistance with non-compliance issues, Change of Information (COI), etc. This proposal provides an estimated allowance for budgeting purposes. All time expended for these services will be billed at our hourly rates.
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 4
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.9. Meetings and Coordination
Provide Special City requests, such as project coordination, meeting attendance, research, plan processing and other tasks not included in scope. This amendment provides an initial estimated allowance in the cost impact section. Should a greater level of effort be required, additional time will be invoiced on a time and material basis per MSA’s current hourly rates.
1.10. Dry Utility Coordination
MSA will coordinate with the public utilities for a design to relocate necessary dry utility facilities for all street improvements relate d to the site. MSA will meet with the CIty or representative to review project design, phasing, construction timelines and additional needs.
Pre-submittal includes confirming strategy to relocate transmission facilities from Southern California Edison (SCE).
Utility submittals will be made after the site plan and phasing has been finalized. Coordination also includes working with the City to secure all required City authorizations, legal entity information, preparation of service applications an d other required documents for City signature to accompany submittals to the respective utility agencies.
▪ Electrical Coordination: SCE coordination assumes design only to relocate all transmission facilities related to street improvements. Upon availability of final improvement plans and City required documentation, coordinate with SCE. Tasks include:
▫ Submit to SCE for relocation design.
▫ Review SCE Preliminary Conduit Design, perform horizontal conflict study and coordinate with the City for approval before submitting to SCE for Final Design. ▫ Perform conflict study of SCE Final Design.
▫ Track all contracts, agreements and invoices.
▫ Coordinate SCE provided easements.
▪ Telephone Coordination : Relocate any and all Frontier Communications facilities related to street improvement plans. Tasks include:
▫ Determine if the relocations are needed.
▫ Upon availability of SCE conduit design, prepare submittal package to Frontier Communications and submit for on-site design, if needed. ▫ Coordinate service contract package submittal and process through Frontier Communications for approval.
▪ Cable Coordination : Determine if Spectrum CATV relocations are needed. Tasks include:
▫ Upon availability of SCE conduit design, submit package to Spectrum for relocation of existing cable services.
▫ Coordinate Spectrum Service Agreements, contracts, invoices and easement docs through Spectrum for approval.
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 5
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com ▪ Gas Company Coordination : Coordinate relocations of gas facilities with the Gas Company as needed. City to provide preferred location for each meter. Task includes:
▫ Upon availability of the SCE Conduit Design, make on-line Gas Submittal. ▫ Meet with Gas Company Local Planner to review site plan and City needs. ▫ Submit for Gas Company land-basing.
▫ Submit for on site design.
▫ Coordinate and track all Gas Company contracts, invoices, agreements and other documentation.
▫ Coordinate Meter Applications (City makes request for actual meter).
▪ Dry Utility Meetings, Miscellaneous, Coordination and Support: Provide assistance to attend meetings or provide construction support related services for City or their representative. Also includes conducting one (1) pre-construction dry-utility kick-off meeting with the utility companies, contractor and other required parties.
1.11. CEQA Addendum
▪ CEQA Addendum: Prepare an addendum to the approved CEQA Initial Study, prepared in October of 2014, to incorporate revisions to the project description and the associated changes in CEQA Resource impacts. The Initial Study Addendum will update the project description and amend the analysis to address project revisions including changes to project limits, based on reports and plans prepared by City’s consultants.
▪ CEQA Addendum Processing / Publication: Provide assistance to the City with the processing and publication of CEQA Addendum document and notices.
1.12. Regulatory Permit (404 and 1603)
Prepare the necessary exhibits and applications to acquire the required permit(s) within the State and/or Federal government to facilitate the work in their jurisdictional limits.
1.13. Signal Improvement Plans (By Others)
Prepare full intersection Signal Improvement Plans for the intersection of Date Palm Drive and Varner Road at their General Plan widths. These Plans will accompany the Street Improvement plans prepared above and processed through the City for approval.
1.14. Environmental Consultants (Biology and Cultural)
Subcontract with an approved biologist and cultural consultant to prepare the necessary review of the biological and historical impacts to the proposed improvement beyond t he limits at the intersection that have already been developed. Includes consultation with the local Tribal Council of impacts that may be affected with these improvements. This Scope assumes any necessary Geotech reporting will be provided by the City.
CITY RESPONSIBILITIES and ASSUMPTIONS
The following has been taken into consideration in the preparation of this amendment:
1. City to provide access to the site as needed.
2. City to provide copies of all available project documents adjacent to this alignment including Geotech, boundary, lotting and grading in AutoCAD, technical reports and CEQA documents, other as may be available.
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 6
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
3. City to provide current Preliminary Title Report, Grant Deeds and Schedule B supporting documents.
4. City to provide timely directions on development decisions.
5. City to retain all necessary supporting consultants as necessary (e.g. Geotech, Lighting, etc.).
6. Prevailing wage rates are in effect.
7. City to coordinate and contract with special studies consultants.
8. Does not include costs of litigation in the event the project is approved but judicially challenged.
9. Utility plat fees to be billed to City as reimbursable expenses.
10. City to facilitate obtaining Owner’s Statement and User Questionnaire documentation .
11. MSA will visit the site five (5) days a week for the Environmental monitoring. NOTE: Cost to perform site visits on Fridays will be billed under the QSP Monitoring task. Schedule as follows:
a) Monday – Thursday: PM-10 Observations
b) Friday: PM-10 Observations and QSP Monitoring
EXCLUSIONS
Consulting services not specifically listed in the scope above are excluded from the amendment.
Additional services, if required, may be provided by MSA or other consultants under separate written proposal with additional fees as approved by the City. Examples of these include:
1. Agency/Impact fees
2. Architectural Plans
3. Landscape Architectural Plans outside of the median
4. Environmental Technical Reports (e.g. Geology, Traffic, etc.).
5. On-Site and/or Off-Site Hydrology Reports
6. Potholing or related services
7. Construction Staking
8. Geotechnical monitoring and testing services
9. Material testing
10. Archeological monitoring services
11. Tribal monitoring services
12. Phase 1 and/or Phase 2 Environmental Site Assessment
13. BOR related services
14. Project schedules, including preparation of Gantt charts for City use
15. Corner Record
16. Record of Survey
17. Monumentation
18. New CEQA document (Initial Study, Mitigated Negative Declaration, Environmental Impact Report, etc.)
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 7
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
Total Cost ............................ (includes hourly estimate; does not include reimbursables) $688,000
1.1. Boundary and Strip Topo (Including 500’ E&W on Varner)......................... $75,000
1.2. Utility Research ............................................................................................ $20,000
1.3. Street Improvement Plans ........................................................................... $90,000
1.4. Strom Drain Plans ........................................................................................ $30,000
1.5. Right of Way Exhibits and Grant Deeds ....................................................... $15,000
1.6. Landscape Architecture for Median Only .................................................... $60,000
1.7. Final Cost Estimate ......................................................................................... $8,000
1.8. Dust and Erosion Control Plan / Monitoring (One Year) ............................. $40,000
1.9. Meetings and Coordination ................................................. (hourly estimate) $25,000
1.10. Dry Utility Coordination ............................................................................... $30,000
1.11. CEQA Addendum ....................................................................................... $110,000
1.12. Regulatory Permit (404 and 1603) .............................................................. $50,000
1.13. Signal Improvement Plans (By Others) ........................................................ $75,000
1.14. Environmental Consultants (Biology and Cultural) ..................................... $60,000
Reimbursables ..................................................................................................... Billed at cost
Approved by: Acknowledgment by MSA Consulting, Inc.
Authorized Signature Signature
Typed/Printed Name Typed or Printed Name/Title
Typed/Printed Contracting Entity Date
Date
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to
CURRENT HOURLY BILLING RATES
April 1, 2023
CLASSIFICATION HOURLY RATES
Principal Engineering Services
Principal Engineer ...................................................................................................................................................................$250.00 Planning Services
Director of Planning .................................................................................................................................................................. 240.00 Planner / Designer ................................................................................................................................................................... 170.00 Planner / Project Manager ....................................................................................................................................................... 155.00 CADD Technician..................................................................................................................................................................... 140.00 Assistant Planner ..................................................................................................................................................................... 130.00 Environmental Services
Director of Environmental Services .......................................................................................................................................... 210.00 Environmental Planner / GIS Specialist .................................................................................................................................... 170.00 Environmental Planner ............................................................................................................................................................. 140.00 Assistant Environmental Planner ............................................................................................................................................. 130.00 Landscape Architecture Services
Studio Director – Landscape .................................................................................................................................................... 220.00 Senior Project Architect – Landscape ...................................................................................................................................... 190.00 Senior Project Manager – Landscape ...................................................................................................................................... 180.00 Senior Project Designer – Landscape ...................................................................................................................................... 175.00 Project Architect – Landscape ................................................................................................................................................. 165.00 Project Manager – Landscape ................................................................................................................................................. 170.00 Project Designer – Landscape ................................................................................................................................................. 155.00 Associate Project Manager – Landscape ................................................................................................................................. 150.00 Associate Project Designer – Landscape ................................................................................................................................. 145.00 CADD Designer – Landscape .................................................................................................................................................. 135.00 Administrative Assistant ........................................................................................................................................................... 110.00 Survey Services
Director of Surveying and Mapping .......................................................................................................................................... 220.00 Survey Manager ....................................................................................................................................................................... 200.00 Survey Project Manager ........................................................................................................................................................................... 200.00 Senior Surveyor ....................................................................................................................................................................... 185.00 Chief of Parties ....................................................................................................................................................................... 180.00 Survey Technician II ............................................................................................................................................................... 170.00 Survey Technician I ................................................................................................................................................................. 140.00 One-Man Survey Crew (Field) .................................................................................................................................................. 180.00 One-Man Survey Crew (Prevailing Wage) ................................................................................................................................ 200.00 Two-Man Survey Crew ............................................................................................................................................................. 285.00 Two-Man Survey Crew (Prevailing Wage) ................................................................................................................................ 315.00 Three-Man Survey Crew .......................................................................................................................................................... 365.00 Three-Man Survey Crew (Prevailing Wage) ............................................................................................................................. 400.00 Utility Services / Construction Administration
Utility Manager ......................................................................................................................................................................... 180.00 Utility Coordinator ................................................................................................................................................................... 165.00 CADD Technician..................................................................................................................................................................... 140.00 Engineering Services
Director of Design Services ...................................................................................................................................................... 240.00 Senior Project Manager ........................................................................................................................................................... 240.00 Project Manager ....................................................................................................................................................................... 210.00 Associate Project Manager ...................................................................................................................................................... 190.00 Senior Project Engineer ........................................................................................................................................................... 190.00 Project Engineer ...................................................................................................................................................................... 180.00 Senior Designer ....................................................................................................................................................................... 175.00 CADD Designer ....................................................................................................................................................................... 150.00 CADD Technician .................................................................................................................................................................... 140.00 Assistant Project Manager ....................................................................................................................................................... 115.00 Administrative Services
Administrative Assistant ........................................................................................................................................................... 110.00
The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments.
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
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Attachment: MSA Date Palm I-10 to Varner Final Design Services Proposal (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to ITEM 6D
Coachella Valley Association of Governments
Transportation Committee
June 5, 2023
STAFF REPORT
Subject: Reimbursement Agreement Amendment for the Improvement of Date Palm Drive between Interstate 10 and Varner Road
Contact: Jonathan Hoy, Director of Transportation ([email protected])
Recommendation: Approve Amendment No. 1 to the Reimbursement Agreement with the City of Cathedral City for the improvement of Date Palm Drive between Interstate 10 and Varner Road, adding an additional $516,000 for a total, not-to-exceed cost of $2,853,000 in regional funds for design and construction
Background: In October 2013, the CVAG Executive Committee approved a Reimbursement Agreement with the City of Cathedral City to design and construct Date Palm Drive between Interstate 10 and Varner Road in three phases. At the time this agreement was authorized, the project ranked number two in the 2010 Transportation Project Prioritization Study (TPPS).
In 2015, the City completed an initial design of two lanes of roadway and constructed those two lanes as the initial phase of the project. However, the cost of utility relocations, the improvements at Long Canyon Wash, and overall general construction cost escalation prevented the City from moving to complete the next phases of the project, which includes an additional four lanes as well as active transportation improvements.
The City has now secured outside construction funding for the improvements at Long Canyon Wash, as Riverside County Flood Control District (RCFCD) has committed funding for the stormwater crossing improvements (less roadway improvements) at the Long Canyon Wash crossing on Date Palm in the amount of $1,966,500. This funding will significantly reduce the project’s overall construction cost.
The City is now requesting an amendment with CVAG to finalize design and move forward with the project’s construction. The City has provided CVAG with an engineering estimate for updating the design to include the improvements at Long Canyon Wash; adding four (4) more travel lanes, curb and gutter, sidewalks and bicycle lanes; and improving the intersection of Date Palm Drive and Varner Road. CVAG staff is recommending approval of Amendment N o. 1 with the City of Cathedral City to finalize the design and construct the project The additional cost of $688,000 will be split in accordance with CVAG policy, with the City responsible for 25% and CVAG responsible for 75% of eligible cost.
Fiscal Analysis : The reimbursement agreement between CVAG and the City has a total remaining balance of $2,497,155.27. Amendment No. 1 would have CVAG provide an additional
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Attachment: CVAG Transportation Commission Staff Report 06-05-2023 (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to $516,000 in regional funding , bringing CVAG’s not -to-exceed share of the project costs to $2,853,000. There are sufficient regional transportation funds available for this amendment.
Once design is complete and the project moves to construction , the $1,966,500 in funding from RCFCD will be applied to the Long Canyon Wash drainage improvement line item only.
Attachments:
City of Cathedral City’s request letter
Project Map
Amendment No. 1 to Reimbursement Agreement
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Attachment: CVAG Transportation Commission Staff Report 06-05-2023 (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Contract No. CVAG-99-339-01
Project: Date Palm Drive Between I-10 and Varner Road
AMENDMENT NUMBER ONE
TO THE
REIMBURSEMENT AGREEMENT
BETWEEN
CVAG AND THE CITY OF CATHEDRAL CITY
TO PROVIDE FUNDS
FOR THE IMPROVEMENT OF
DATE PALM DRIVE BETWEEN INTERSTATE 10 AND VARNER ROAD
This AMENDMENT NUMBER ONE is made and entered into this 26th day of June 2023, by and between the City of Cathedral City (Agency), and the Coachella Valley Association of Governments (CVAG), a California joint powers agenc y, and is made with reference to the following background fa cts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated October 28, 2013 for the Data Palm Drive Improvement Project between Interstate 10 and Varner Road.
1. This Amendment Number One increases the existing design and construction estimate by an additional $688,000 for the necessary design revisions as specified in the attached letter dated May 23, 2023 from the City of Cathedral City, Engineering Division.
2. This Amendment Number One authorizes CVAG to amend the cost -sharing agreements between CVAG and the City of Cathedral City for design and construction costs related to the Date Palm Drive Improvement Project, by adding $688,000 to the total costs for a rev ised total of $ 3,804,000 which represents an additional $ 516,000 totaling $2,8 53,000 for the 75 percent CVAG share and an additional $172,000 totaling $951,000 for the 25 percent local share.
Regional Local
Share Share
Original Contract October 28,2013 $3,116,000 $2,337,000 $779,000 Amendment Number One June 26, 2023 $ 688,000 $ 516,000 $172,000 Total Contract estimate: $3,804,000
3. This Amendment Number One authorizes reimbursement in regional funding for an amount not-to-exceed $516,000 for the design and construction with the following split:
CVAG Regional Share (75%): $516,000
City of Cathedral City (25%): $172,000
Total estimate: $688,000
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Attachment: Amendment No. 1 to the Reimbursement Agreement for Date Palm Drive I-10 to Varner Road (3806 : Reimbursement Agreement Contract No. CVAG-99-339-01
Project: Date Palm Drive Between I-10 and Varner Road
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by their duly authorized representatives on this date:
ATTEST CITY OF CATHEDRAL CITY
By: _____________________________ By: ______________________________ Charlie McClendon, City Manager Rita Lamb, Mayor
ATTEST COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS
By: _____________________________ By: ______________________________ Tom Kirk, CVAG Executive Director Steven Hernandez, CVAG Chair
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Attachment: Amendment No. 1 to the Reimbursement Agreement for Date Palm Drive I-10 to Varner Road (3806 : Reimbursement Agreement Contract No. CVAG-99-339-01
Project: Date Palm Drive Between I-10 and Varner Road
Attachment A-1
Additional Scope of Services and Funding
Please refer to the following City of Cathedral City – Engineering Division letter dated May 23, 2023.
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Attachment: Amendment No. 1 to the Reimbursement Agreement for Date Palm Drive I-10 to Varner Road (3806 : Reimbursement Agreement - 1 -
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
MSA CONSULTING, INC.
This Agreement for Design Professional Services (“Agreement”) is entered into as of June 28 , 20 23 (“Effective Date”) by and between the Cit y of Cathedral City , a municipal corporation (“City”) and MSA Consulting, Inc. , a California Cor poration (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation , 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 services 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 competenc e and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as pa rticularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two years commencing on the Effective Date.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 2 -
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be c ompleted pursuant 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 choos e not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection with its performa nce of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amount s 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 Six Hundred Eighty -Eight Thousand Dollars ($688,000), unless additional compensation is approved in writing in accordance 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 foll owing 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 performed 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 c harges or expenses are disputed by City,
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 3 -
the original invoice shall be returned by City to Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by Ci ty, City will use its best efforts to cause Design Professional to be paid within forty -five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be dee med to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall rejec t or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance s hall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work 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, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, dev eloped or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Prof essional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, 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, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discover ed by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 4 -
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design 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 relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its d esignated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and reco rds shal l 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 t o dissolution or termination of Design Professional’s business, City may, by written request, require that custody of such documents or records be given to the City.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly 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 obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this 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, of ficials, 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 mann er represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 5 -
(c) Neither Design Professional , nor any of Design Professional’s officers, employees or agents, s hall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Profes sional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practi ces utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thorou ghly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither Ci ty, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California 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 pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 6 -
done under contract and paid for in whole or in part out of public 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 perfo rm the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Prof essional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and fil ing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other gov ernmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 7 -
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall 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 authorization from the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives C ity 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 in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its o fficers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party r egarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any 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, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional . 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 (“Indemnified Part ies”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall b ear the legal liability thereof) in the performance of professional services under this Agreement. In the
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 8 -
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 d esign 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 to pay its sh are of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend s hall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal l iability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to o btain 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 requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination 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 act s or omi ssions 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” “Insuranc e” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entiti es who w ill fulfill the duties and obligations imposed 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 Agreement or the
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 9 -
performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, 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, at any time b y 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 Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared 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 terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional may cure t he default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the defaul t is
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 10 -
cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take nec essary 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 of the City’s legal rights or any right s 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 perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for c arrying out the Services shall be furnished to Design 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 Agreement sh all be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: __________________________
MSA Consulting Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mai led, three (3) days after deposit of the same in the custody of the United States Postal Service.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 11 -
SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, 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 approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
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 Agreement shall not constitute a waiver o f 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.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Rivers ide, California. In the event
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of litigation in a U.S. District Court, venue shall lie exclusively 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 enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or wr itten, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining 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. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY MSA CONSULTING INC.
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design - 13 -
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY TH E BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
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 ____________________, 2023 ,
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 t he basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on th e 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: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
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 ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or frau dulent 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: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
A-1
EXHIBIT "A"
SCOPE OF SERVICES
See attached Exhibit A, Item 1.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
Project: Date Palm Widening – Cathedral City, CA
Final Design Services
MSA Job #:
2189.001
MSA RFP #:
1540
Initiated for: Mr. John Corella
City of Cathedral City
Agreement Reference:
Agreement dated 02/12/2014
Date:
May 23, 2023
MSA Project Manager:
Michael Rowe, PE
The following change is proposed for the above referenced project and is a request to amend the previous contracted relationship between MSA Consulting, Inc. and the City. This Contract Amendment is to serve as an addendum to the existing contract established between the two parties. For hourly services, current hourly rates shall apply. A signed copy of a Professional Service Agreement, or a signed copy of this amendment, will serve to acknowledge approval of the terms contained herein:
1.1. Boundary and Strip Topo (Including 500’ E&W on Varner) Perform a boundary survey of the property to establish accurate property lines and provide aerial topographic mapping to create an accurate base map for design purposes. Tasks will include:
▪ Perform record map research and complete a boundary survey of the site. ▪ Set targets and tie in control for aerial photogrammetry. ▪ Fly, photograph and map the site for production of topographic mapping at 1”=40’ scale and produce a base map with 1 ft. contour intervals in digital format. ▪ Perform supplemental field survey of all existing visible surface utilities adjacent to and within the site.
▪ Review Preliminary Title Report and support documents and plot any existing easements and rights of way.
▪ Provide Base Plan, annotated with notes.
1.2. Utility Research
Research and map the relevant utilities a ffecting Date Palm Drive for use in identifying possible service connections and existing site design constraints. Tasks will include :
▪ Perform utility research.
▪ Prepare an existing utility base plan in AutoCAD format. ▪ Visit the site to field verify utilities.
1.3. Street Improvement Plans
Prepare Street Improvement Plan at a scale of 1”=40’ for approximately 3,500 linear feet along Date Palm Drive and approximately 500’ east and west from Date Palm on Varner Road.
Improvements include full street section (centerline to right -of-way) having medians and sidewalks, including proper transitions to existing pavement on Varner Road and Interstate 10 on/off ramps; process through the City for approval.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 2
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.4. Strom Drain Plans
Prepare Storm Drain Plans for appro ximately 800 LF of Regional facilities southwest of the intersection of Date Palm and Varner based on offsite hydrology calculations provided by others; process through the City and Riverside County Flood Control for approval.
1.5. Right of Way Exhibits and Grant Deeds
▪ Prepare legal description and exhibit to dedicate ultimate road rights of way for Date Palm Drive to the City. Once approved, City or Title company to record at the recorder’s office.
▪ Prepare and submit Right-of-Way Dedication application, legal descriptions, exhibits and site plan to dedicate a portion of Varner Road for public street purposes. Once approved, City or Title company to record at the recorder’s office. ▪ Includes preparation of grant deed, preliminary change of ownership and tax transfer affidavit, obtain owner’s notarized signature, to record at recorder’s office.
1.6. Landscape Architecture for Median Only
▪ Conceptual Landscape Plan: MSA will develop a conceptual landscape study illustrating proposed elements for the Date Palm Drive median only, and associated plant palettes for City review and approval. Upon receipt of final conceptual architecture, grading and site plan, MSA will then prepare a colored Conceptual Landscape Plan in accordance with agency requirements that depicts conceptual planting areas, materials and design images suitable for entitlement processing and approval:
▫ One (1) Conceptual Landscape Design Study presented in plan view with associated landscape character imagery.
▫ One (1) Conceptual Landscape Median design.
▫ One (1) Presentation to City for discussion and comment. ▫ One (1) Refined Conceptual Landscape Plan Incorporating City comments. ▫ One (1) Refined image board to convey landscape design and finish level of improvements.
▪ Prepare construction drawing level landscape plans, incorporating the approved preliminary landscape plan, to include the following:
▫ Hardscape Plan.
▫ Construction/Site Details.
▫ Planting Plan indicating all plant material in both com mon and botanical names, quantities, container sizes and water use requirements. ▫ Automatic Irrigation System Plan with equipment legend and water use calculations.
▫ Preliminary estimate of probable construction costs.
▫ Specifications and details.
▫ Soils Management Report including coordination with local laboratory who will obtain project site samples and provide formal report. ▫ Final estimate of probable construction costs.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 3
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.7. Final Cost Estimate
Create a final Engineering Estimate of Probable Costs, based on approved plans, or when requested by the City, for bonding purposes and map recordation.
1.8. Dust and Erosion Control Plan / Monitoring (One Year) ▪ Fugitive Dust Control Plan: Prepare Fugitive Dust Control Plan (PM -10 Plan) and process through the City for approval. Final approval by the City will be contingent on City identifying the contractor’s contact information and documentation of SCAQMD dust control training.
▪ Erosion Control Plan: Prepare Erosion Control Plan; process through the City f or approval.
▪ Weekly QSP Monitoring: The construction project is required to obtain permit coverage under the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, Order No. 2009 -0009-DWQ, as amended by Order No. 2010-0014-DWQ. The project’s permit registration documents are deemed public records and therefore electronically accessible by the City of Cathedral City regulatory agencies, and the residents.
The permit requires visual Inspections by a Qualified SWPPP Practitioner (QSP) or trained individual to take place for the duration of the construction process, which is anticipated to take approximately 12 months per City’s schedule: 1) on a weekly basis, 2) at least once each 24 -hour period during an extended storm event, and 3) within 48 hours after a qualifying rain event (producing 0.5 inches or more in precipitations). Information from the monitoring records is utilized to prepare the Annual Report, which must be completed and electronically submitted no later than September 1 of each year via SMARTS.
▫ Perform weekly QSP Monitoring with corresponding reports for an estimated 52 weeks during construction until turned over to City’s representative.
▪ Daily LAQMP Environmental Observer: The South Coast AQMD requires daily recordkeeping of dust control activities by an AQMD certified individual. MSA will record daily activities as well as form a portion of the team that provides 24 -hour availability to respond to complaints and calls relative to dust control. All areas of the property will be in one of five stabilized conditions at all times: Native, Pre - watering, Grading with truck watering, short term stabilization (polymer) or long - term stabilization (vegetation and polymer).
▫ Act as a LAQMP observer to perform daily site visits and prepare corresponding reports for an estimated 52 weeks.
▪ 2023-2024 NPDES Annual Report : Compile observations and monthly reports for the NPDES Annual Report, due no later than September 1, 2024 or at the time of project completion.
▪ Miscellaneous Monitoring Compliance Assistance: Provide miscellaneous assistance with non-compliance issues, Change of Information (COI), etc. This proposal provides an estimated allowance for budgeting purposes. All time expended for these services will be billed at our hourly rates.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 4
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
1.9. Meetings and Coordination
Provide Special City requests, such as project coordination, meeting attendance, research, plan processing and other tasks not included in scope. This amendment provides an initial estimated allowance in the cost impact section. Should a greater level of effort be required, additional time will be invoiced on a time and material basis per MSA’s current hourly rates.
1.10. Dry Utility Coordination
MSA will coordinate with the public utilities for a design to relocate necessary dry utility facilities for all street improvements relate d to the site. MSA will meet with the CIty or representative to review project design, phasing, construction timelines and additional needs.
Pre-submittal includes confirming strategy to relocate transmission facilities from Southern California Edison (SCE).
Utility submittals will be made after the site plan and phasing has been finalized. Coordination also includes working with the City to secure all required City authorizations, legal entity information, preparation of service applications an d other required documents for City signature to accompany submittals to the respective utility agencies.
▪ Electrical Coordination: SCE coordination assumes design only to relocate all transmission facilities related to street improvements. Upon availability of final improvement plans and City required documentation, coordinate with SCE. Tasks include:
▫ Submit to SCE for relocation design.
▫ Review SCE Preliminary Conduit Design, perform horizontal conflict study and coordinate with the City for approval before submitting to SCE for Final Design. ▫ Perform conflict study of SCE Final Design.
▫ Track all contracts, agreements and invoices.
▫ Coordinate SCE provided easements.
▪ Telephone Coordination : Relocate any and all Frontier Communications facilities related to street improvement plans. Tasks include:
▫ Determine if the relocations are needed.
▫ Upon availability of SCE conduit design, prepare submittal package to Frontier Communications and submit for on-site design, if needed. ▫ Coordinate service contract package submittal and process through Frontier Communications for approval.
▪ Cable Coordination : Determine if Spectrum CATV relocations are needed. Tasks include:
▫ Upon availability of SCE conduit design, submit package to Spectrum for relocation of existing cable services.
▫ Coordinate Spectrum Service Agreements, contracts, invoices and easement docs through Spectrum for approval.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 5
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com ▪ Gas Company Coordination : Coordinate relocations of gas facilities with the Gas Company as needed. City to provide preferred location for each meter. Task includes:
▫ Upon availability of the SCE Conduit Design, make on-line Gas Submittal. ▫ Meet with Gas Company Local Planner to review site plan and City needs. ▫ Submit for Gas Company land-basing.
▫ Submit for on site design.
▫ Coordinate and track all Gas Company contracts, invoices, agreements and other documentation.
▫ Coordinate Meter Applications (City makes request for actual meter).
▪ Dry Utility Meetings, Miscellaneous, Coordination and Support: Provide assistance to attend meetings or provide construction support related services for City or their representative. Also includes conducting one (1) pre-construction dry-utility kick-off meeting with the utility companies, contractor and other required parties.
1.11. CEQA Addendum
▪ CEQA Addendum: Prepare an addendum to the approved CEQA Initial Study, prepared in October of 2014, to incorporate revisions to the project description and the associated changes in CEQA Resource impacts. The Initial Study Addendum will update the project description and amend the analysis to address project revisions including changes to project limits, based on reports and plans prepared by City’s consultants.
▪ CEQA Addendum Processing / Publication: Provide assistance to the City with the processing and publication of CEQA Addendum document and notices.
1.12. Regulatory Permit (404 and 1603)
Prepare the necessary exhibits and applications to acquire the required permit(s) within the State and/or Federal government to facilitate the work in their jurisdictional limits.
1.13. Signal Improvement Plans (By Others)
Prepare full intersection Signal Improvement Plans for the intersection of Date Palm Drive and Varner Road at their General Plan widths. These Plans will accompany the Street Improvement plans prepared above and processed through the City for approval.
1.14. Environmental Consultants (Biology and Cultural)
Subcontract with an approved biologist and cultural consultant to prepare the necessary review of the biological and historical impacts to the proposed improvement beyond t he limits at the intersection that have already been developed. Includes consultation with the local Tribal Council of impacts that may be affected with these improvements. This Scope assumes any necessary Geotech reporting will be provided by the City.
CITY RESPONSIBILITIES and ASSUMPTIONS
The following has been taken into consideration in the preparation of this amendment:
1. City to provide access to the site as needed.
2. City to provide copies of all available project documents adjacent to this alignment including Geotech, boundary, lotting and grading in AutoCAD, technical reports and CEQA documents, other as may be available.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 6
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
3. City to provide current Preliminary Title Report, Grant Deeds and Schedule B supporting documents.
4. City to provide timely directions on development decisions.
5. City to retain all necessary supporting consultants as necessary (e.g. Geotech, Lighting, etc.).
6. Prevailing wage rates are in effect.
7. City to coordinate and contract with special studies consultants.
8. Does not include costs of litigation in the event the project is approved but judicially challenged.
9. Utility plat fees to be billed to City as reimbursable expenses.
10. City to facilitate obtaining Owner’s Statement and User Questionnaire documentation .
11. MSA will visit the site five (5) days a week for the Environmental monitoring. NOTE: Cost to perform site visits on Fridays will be billed under the QSP Monitoring task. Schedule as follows:
a) Monday – Thursday: PM-10 Observations
b) Friday: PM-10 Observations and QSP Monitoring
EXCLUSIONS
Consulting services not specifically listed in the scope above are excluded from the amendment.
Additional services, if required, may be provided by MSA or other consultants under separate written proposal with additional fees as approved by the City. Examples of these include:
1. Agency/Impact fees
2. Architectural Plans
3. Landscape Architectural Plans outside of the median
4. Environmental Technical Reports (e.g. Geology, Traffic, etc.).
5. On-Site and/or Off-Site Hydrology Reports
6. Potholing or related services
7. Construction Staking
8. Geotechnical monitoring and testing services
9. Material testing
10. Archeological monitoring services
11. Tribal monitoring services
12. Phase 1 and/or Phase 2 Environmental Site Assessment
13. BOR related services
14. Project schedules, including preparation of Gantt charts for City use
15. Corner Record
16. Record of Survey
17. Monumentation
18. New CEQA document (Initial Study, Mitigated Negative Declaration, Environmental Impact Report, etc.)
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
B-1
EXHIBIT "B"
COMPENSATION
See attached Exhibit B, Item 1.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
CURRENT HOURLY BILLING RATES
April 1, 2023
CLASSIFICATION HOURLY RATES
Principal Engineering Services
Principal Engineer ...................................................................................................................................................................$250.00 Planning Services
Director of Planning .................................................................................................................................................................. 240.00 Planner / Designer ................................................................................................................................................................... 170.00 Planner / Project Manager ....................................................................................................................................................... 155.00 CADD Technician..................................................................................................................................................................... 140.00 Assistant Planner ..................................................................................................................................................................... 130.00 Environmental Services
Director of Environmental Services .......................................................................................................................................... 210.00 Environmental Planner / GIS Specialist .................................................................................................................................... 170.00 Environmental Planner ............................................................................................................................................................. 140.00 Assistant Environmental Planner ............................................................................................................................................. 130.00 Landscape Architecture Services
Studio Director – Landscape .................................................................................................................................................... 220.00 Senior Project Architect – Landscape ...................................................................................................................................... 190.00 Senior Project Manager – Landscape ...................................................................................................................................... 180.00 Senior Project Designer – Landscape ...................................................................................................................................... 175.00 Project Architect – Landscape ................................................................................................................................................. 165.00 Project Manager – Landscape ................................................................................................................................................. 170.00 Project Designer – Landscape ................................................................................................................................................. 155.00 Associate Project Manager – Landscape ................................................................................................................................. 150.00 Associate Project Designer – Landscape ................................................................................................................................. 145.00 CADD Designer – Landscape .................................................................................................................................................. 135.00 Administrative Assistant ........................................................................................................................................................... 110.00 Survey Services
Director of Surveying and Mapping .......................................................................................................................................... 220.00 Survey Manager ....................................................................................................................................................................... 200.00 Survey Project Manager ........................................................................................................................................................................... 200.00 Senior Surveyor ....................................................................................................................................................................... 185.00 Chief of Parties ....................................................................................................................................................................... 180.00 Survey Technician II ............................................................................................................................................................... 170.00 Survey Technician I ................................................................................................................................................................. 140.00 One-Man Survey Crew (Field) .................................................................................................................................................. 180.00 One-Man Survey Crew (Prevailing Wage) ................................................................................................................................ 200.00 Two-Man Survey Crew ............................................................................................................................................................. 285.00 Two-Man Survey Crew (Prevailing Wage) ................................................................................................................................ 315.00 Three-Man Survey Crew .......................................................................................................................................................... 365.00 Three-Man Survey Crew (Prevailing Wage) ............................................................................................................................. 400.00 Utility Services / Construction Administration
Utility Manager ......................................................................................................................................................................... 180.00 Utility Coordinator ................................................................................................................................................................... 165.00 CADD Technician..................................................................................................................................................................... 140.00 Engineering Services
Director of Design Services ...................................................................................................................................................... 240.00 Senior Project Manager ........................................................................................................................................................... 240.00 Project Manager ....................................................................................................................................................................... 210.00 Associate Project Manager ...................................................................................................................................................... 190.00 Senior Project Engineer ........................................................................................................................................................... 190.00 Project Engineer ...................................................................................................................................................................... 180.00 Senior Designer ....................................................................................................................................................................... 175.00 CADD Designer ....................................................................................................................................................................... 150.00 CADD Technician .................................................................................................................................................................... 140.00 Assistant Project Manager ....................................................................................................................................................... 115.00 Administrative Services
Administrative Assistant ........................................................................................................................................................... 110.00
The above rates include all labor, materials, and incidental expenses such as vehicle mileage, postage, toll calls, and survey materials. Not included are reproduction costs, title company charges, special mailing charges, application, filing or permit fees or survey monuments.
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design Final Design Services for Date Palm Widening Project – Cathedral City, CA (RFP 1540) / May 23, 2023 / 7
34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com
Total Cost ............................ (includes hourly estimate; does not include reimbursables) $688,000
1.1. Boundary and Strip Topo (Including 500’ E&W on Varner)......................... $75,000
1.2. Utility Research ............................................................................................ $20,000
1.3. Street Improvement Plans ........................................................................... $90,000
1.4. Strom Drain Plans ........................................................................................ $30,000
1.5. Right of Way Exhibits and Grant Deeds ....................................................... $15,000
1.6. Landscape Architecture for Median Only .................................................... $60,000
1.7. Final Cost Estimate ......................................................................................... $8,000
1.8. Dust and Erosion Control Plan / Monitoring (One Year) ............................. $40,000
1.9. Meetings and Coordination ................................................. (hourly estimate) $25,000
1.10. Dry Utility Coordination ............................................................................... $30,000
1.11. CEQA Addendum ....................................................................................... $110,000
1.12. Regulatory Permit (404 and 1603) .............................................................. $50,000
1.13. Signal Improvement Plans (By Others) ........................................................ $75,000
1.14. Environmental Consultants (Biology and Cultural) ..................................... $60,000
Reimbursables ..................................................................................................... Billed at cost
Approved by: Acknowledgment by MSA Consulting, Inc.
Authorized Signature Signature
Typed/Printed Name Typed or Printed Name/Title
Typed/Printed Contracting Entity Date
Date
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property whic h ma y arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million doll ars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Ve hicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. C overage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and it s re spective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this A greement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollar s
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this addit ional 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 requir ed by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees i n wr iting, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or i ts r espective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Attachment: MSA-Design Professional Agreement (3806 : Reimbursement Agreement Amendment for Date Palm I-10 to Varner and MSA Design
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Staff Report
City Council
Item No. 6.I
Meeting Date: June 28, 2023
From: Deanna Pressgrove, Environmental Conservation & Public Works Manager
Title: 2023 Updates and Proposed Revisions to the Cathedral City WaterSmart Landscapes Grant Program
City Council
RECOMMENDATION:
To approve the updated and proposed revisions to the City's WaterSmart Landscapes Grant Program (Program), including increases to Program rebates for individual properties up to $1,000 and adding Homeowners Associations (HOAs) into the Program with rebates up to $20,000, with herein detailed parameters for the Program; and, direct Staff to amend the Program grant application materials to reflect said revisions and send out notifications to property owners and HOAs within the City regarding changes to the Program.
BACKGROUND:
In 2004, The WaterSmart Landscapes Grant Program (Program) was created to address the environmental issues inherent in the Panorama area’s green landscaping practices. Proactively, the Cathedral City Co uncil approved the implementation of an innovative pilot program to educate, encourage and assist residents in the area to replace their lush landscaping with xeriscape, a more drought tolerant landscaping method. Xeriscape, a source reduction program, ca n reduce landscape water use by 60% or more. In xeriscape, the traditional expanse of lawn is replaced by drought-hardy plants, low water perennials, organic mulches and water-conserving grasses.
The City’s Environmental Conservation Manager originally initiated a pilot program by creating specific guidelines and a formal application for the Panorama area residents .
Postcards were sent to every household located in the Panorama area outlining the water-saving and time -saving virtues of conversion to xeriscape. To provide further incentive, qualifying residents receive d matching funds of $500 for their participation in the pilot program.
Inherent in the xeriscape philosophy is the reduction of green waste. So logically, funds for the Program come from the City’s AB 939 Environmental Conservation Fund. This fund was established in response to the State legislature’s passing of AB 939 laws
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declaring that each community must designate certain monies for source reduction and recycling programs. Source reduction programs are an important component of AB 939 programs. Source reduction is defined as any action or process that reduces the creation of waste. The Cathedral City WaterSmart Landscapes Grant Program reduces the amount of waste being generated, t hus decreasing the amount of waste requiring disposal. Source reduction programs complement other AB 939 approved programs such as recycling, composting and public education.
In 2006, after the success of the Panorama pilot program, the City Council appr oved expanding the grant Program to all Cathedral City residential properties. The Program not only eliminates greenwaste but also directly impacts the water run -off onto public streets eliminating unnecessary asphalt repairs, reducing the amount of standi ng water within neighborhoods and allows the city to sweep the streets more efficiently.
Beginning in 2008, the Coachella Valley Water District (CVWD) and Desert Water Agency (DWA) began analyzing Cathedral City’s WaterSmart Landscapes Grant Program with the goal of developing their own rebate program , with the objective to conserve water. Today, CVWD and DWA offer $ 2 per square-foot in rebate funds for the conversion of commercial and residential properties (front, side, and backyards).
Per t he Program guidelines, Cathedral City r esidents can qualify and receive rebates from both the Cathedral City WaterSmart Landscapes Grant program and CVWD/DWA Turf Rebate programs.
Cathedral City’s WaterSmart Landscapes Grant Program Activity Recap Below is an activity recap beginning 2004 to current on Cathedral City’s WaterSmart Landscapes Grant Program:
Projects
Completed
Environmental Funds Spent
(reimbursement to Property Owner)
Total Square Footage of
Greenwaste Eliminated
1,055 $527,500 953,889
• The average square footage of residential front lawns in Cathedral City is 1,000 square feet.
• On average residents have spent $2,000 on their renovation projects.
• There are residents that chose to do more elaborate renovations and those cos ts can range from $5,000 to $12,000 . These renovation projects are not as common as the $1,000 to $2,000 projects.
DISCUSSION:
Staff is recommending that the City Council approve the following changes to Cathedral City’s WaterSmart Landscapes Grant Program:
Single-Family Residential Properties
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Currently, property owners can qualify for $500 in grant funds if they spend $1,000 or more on their renovation project. Staff is proposing to increase the residential allocation and allow single -family r esidential properties to select from one of two grant funding options:
Option 1: Up to $599 per household in grant funds.
• Dollar for Dollar Match: The property owner would need to spend $1,198 on their renovation project to receive the full $599 in grant funds. • Renovation projects that cost less than $1,198 can still qualify and will receive 50% of the total cost. Example: if a renovation project is $800, property owner would receive $400 in grant funds.
• The $599 dollar amount is below the IRS tax limit for issuing a 1099 Form and is not taxable.
Option 2: Up to $1,000 per household in grant funds.
• Dollar for Dollar Match: The property owner would need to spend $2,000 on their renovation project to receive the full $1,000 in grant funds. • Renovation projects that cost between $1,198 and $2,000 can qualify for grant funds and would receive 50% of the total cost spent.
• The entire amount up to $2,000 requires an IRS 1099 Form to be issued at the end of the calendar year reporting taxable income for the property owner.
HOA Properties
Staff is also proposing to expand the program and allow communities managed by a Homeowners Association ( HOA) to also participate in the City’s WaterSmart Landscapes Grant Program . Under the current City Program, the grant process must be completed by the property owner within the HOA and subsequently the rebate funds are paid directly to the property owner. Th is process makes it challenging for HOA’s to participate in the Program as most HOA internal property frontages are communal and under the HOA’s purview.
HOA WaterSmart Landscape Grant Process
Staff is proposing that HOA regulated communities can now qualify for a maximum of $20,000 in Program grant funds. The HOA will have the opportunity to complete one (1) grant application for all qualifying properties and receive the rebate on behalf of the property owners under the same HOA . The requirements to receive funds under the Program are proposed as follows:
• Only internal property frontages would qualify.
• Common areas within an HOA community would not qualify for Program grant funds.
• Program grant documents will be required to list the addresses of all properties where internal frontages are proposed to be renovated.
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• Dollar for Dollar Match: t o qualify for the maximum of $20,000 in Program grant funds, the HOA would need to spend $40,000 or more on the renovation of at least 20 internal property frontages within their community. • HOA communities that renovate less th an 20 properties or spend less than $40,000 on the renovation project can still qualify for Program grant funds and would receive 50% of the total project cost, max $1,000 per property. • The HOA will receive an IRS 1099 Form from the City reporting taxable income for the Program grant funds received.
Staff forecasts that allowing HOAs to participate in the Program will greatly expand the overall effectiveness of the original Program.
Past Program Success
Below is a recap of the number of single -family WaterSmart r enovation projects completed and grant funds allocated from calendar year 2018 to current:
Year Number of
Completed Projects
Grant Funds Allocated
2018 44 $22,000
2019 21 $10,500
2020 15 $ 7,500
2021 16 $ 8,000
2022 42 $21,000
2023 (as of June) 25 $12,500
Since the Program’s initiation, Staff has budgeted Community Assistance funds annually to support the Cathedral City WaterSmart Landscapes Grant program within the Environmental Fund (246).
Recommendation
Staff is recommending City Council approve the update d and proposed revisions to the City’s WaterSmart Landscapes Grant Program (Program), including increases to Program rebates for individual properties up to $1,000 and adding Home owners Associations (HOAs) into the Program with rebates up to $20,000, with herein detailed parameters for the Program . Staff is also requesting City Council direct Staff to amend the Program grant application materials to reflect said revisions and send out a notification to property owners and HOAs within the City regarding the changes to the Program.
FISCAL IMPACT:
The City’s AB 939 Environmental Funds support the City’s WaterSmart Landscapes Grant Program by educating the public and implementing drought tole rant landscaping methods which is a qualifying program under AB 939.
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The Program grant reimbursement funds to support this Program is budgeted in the FY 2023/2024 Budget under the Community Assistance Fund 246-900-910-911-8650- 8658.
FIVE-YEAR STRATEGIC PLAN:
Council Goal D: Innovation
Objective: Cathedral City continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.
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Staff Report
City Council
Item No. 6.J
Meeting Date: June 28, 2023
From: Kevin Biersack, Financial Services Director
Title: Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program
City Council
RECOMMENDATION:
Staff recommends that the City Council appoint an Ad Hoc subcommittee to review grant applications.
BACKGROUND:
In the Fiscal Year (FY) 2023/2024 adopted budget, City Council approved a General Fund C ommunity Assistance Grant Program to comprehensively support requests for grants and sponsorships from community non -profit organizations and other governmental jurisdictions. The program combines $40,000, (formerly funded by the Community Development Block Grant (CDBG) Program and is now being funded through the General Fund) and $30,000 supporting smaller grants in the $1,000 to $3,000 range. While these programs were previously separate because of the different requirements under CDBG, staff is recommending they be combined because the criteria will be the same for al l funding requests. Staff recommends grant applications can be submitted for projects with funding requests between $1,000 and $15,000.
DISCUSSION:
Staff is requesting that City Council appoin an Ad Hoc subcommittee to review the applications and make a recommendation to the full Council for formal action. Staff plans to advertise the program on Saturday, July 1, 2023 and request grant applications be submitted by 5:00 pm PDT on Thursday, July 31, 2023. Staff will then provide the applications for subcommittee review and convene a review no later than Friday, August 18, 2023. The subcommittee will then meet to review and make recommendations on which grants to fund. Once the subcommittee recommendations are finalized, the proposed grant awards will be p resented to City Council for review and approval at the September 13, 2023 meeting.
Program Guidelines: To be considered for funding:
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1. Applicants must be a non-profit 501(c)(3) organization or a tribal or governmental agency.
2. Applicants must be based in Cathedral City or demonstrate they provide services to residents or businesses of Cathedral City.
3. Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.
4. Preference will be given to applicant s meeting health and human service needs of underserved populations.
5. If funded, the applicant will also need to provide the City a report on how the funding was utilized.
The grant program and grant application will be sent to local media and advertised o n the City’s website, social media accounts (Facebook, Twitter, Instagram and Nextdoor), and will be included on the Discover Cathedral City website -- See the attached Public Service Grant Application and the Notice of Publication for Grant Applications.
FISCAL IMPACT:
Once grant applications are approved, these grants will be funded from the FY 2023/2024 General Fund budget, budgeted at $70,000. Funding for this program was approved in the adopted budget.
FIVE-YEAR STRATEGIC PLAN:
This action will further Goal C – Fiscal Stability and Sustainability
Objective - Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituti ng prudent fiscal policies and transparent financial practices.
ATTACHMENTS:
Public Service Grant Application
Notice of Publication for Grant Applications
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CITY OF CATHEDRAL CITY
FISCAL YEAR (FY) 2023-2024
PUBLIC SERVICE GRANT APPLICATION
To be considered for funding a complete application & documents listed below must be submitted as a hard copy (postmarked by July 31, 2023) or electronic copy by the due date/time.
ELIGIBILITY REQUIREMENTS AND POLICY GUIDELINES
Applicants must be a non-profit 501(c)(3) organization or a tribal or governmental agency. Applicants must be based in Cathedral City OR demonstrate they provide services to residents or businesses of Cathedral City.
Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.
Preference will be given to applicants meeting health and human service needs of underserved populations.
GRANT APPLICATION CHECKLIST
Public Service Grant Application
IRS Determination Letter (for non-profit organizations) Application is due 5:00 PM PDT July 31, 2023
Late applications will not be accepted
Submit application to:
[email protected]
OR
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
ATTN: London Pyle, Finance Department
Check each item included in your application package. Ensure an authorized representative sign the application certification. Ensure all required text fields & applicable boxes are completed. While filling out the application, if additional space is needed, please attach another sheet of paper to the application.
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Attachment: Public Service Grant Application (3813 : Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program) APPLICANT INFORMATION:
NAME OF ORGANIZATION:
ADDRESS:
CITY: STATE: ZIP:
CONTACT PERSON: TITLE:
TELEPHONE: EMAIL:
ORGANIZATION PRESIDENT OR CHAIR:
(Legal authority for organization)
PROGRAM / SERVICE / EVENT INFORMATION:
GRANT AMOUNT
REQUESTED:
Minimum $1,000
Maximum $15,000
TOTAL PROGRAM / SERVICE /
EVENT COST:
Program/Service/Event
Period or Date
From: To:
1. Describe Briefly How The Requested Funds Will Be Used:
2. Other Funding Sources: From Whom? How Much Requested? How Much Committed? How Will Our Contribution Leverage Or Match Other Funds?
3. Briefly Describe The History And Expertise Of Your Organization? (Include what your organization does, the composition of your staff, and who you have traditionally served or targeted: geographical area or neighborhood, ethnicity or other factors that identify your service/program to the community.)
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Attachment: Public Service Grant Application (3813 : Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program)
4. What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
5. What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
6. If Your Program Costs More Than You Are Requesting From The Community Assistance Program, How Do You Plan To Pay For The Additional Costs? What Steps Have You Already Taken To Get Additional Funds Or In-Kind Support If Necessary?
7. If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
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Attachment: Public Service Grant Application (3813 : Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program)
8. (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:
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Attachment: Public Service Grant Application (3813 : Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program) July 1, 2023
Dear Public Service Providers of Cathedral City,
The City of Cathedral City is accepting Public Service Grant Applications for funds available for the time period of July 1, 2023 through June 30, 2024. Programs will be reviewed and evaluated by City Officials and City Staff in meeting the priority needs of our community.
PLEASE NOTE – The submission of a Public Service Grant Application IS NOT a guarantee of funding. Grants are subject to the approval of the City Council. The City reserves the right to reject any and all applications. The City also reserves the authority to make mid-year adjustments and/or re-establish priorities for the expenditure of funds which may impact public service grants.
Program Description
For Fiscal Year (FY) 2023/2024, it is anticipated $70,000 in funds will be available, on a competitive basis, for public service grants. Grant awards can range from $1,000 to $15,000. The proposed program MUST provide services to Cathedral City residents addressing priority needs services for youth, seniors, homeless individuals, persons with disabilities or other underserved populations.
Application Criteria:
1. Applicants must be a non-profit 501(c)(3) organization or a tribal or governmental agency.
2. Applicants must be based in Cathedral City OR demonstrate they provide services to residents or businesses of Cathedral City.
3. Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.
4. Preference will be given to applicants meeting health and human service needs of underserved populations.
Proposals must be submitted no later than 5:00 pm PDT on July 31, 2023. The City anticipates awarding grants no later than September 13, 2023. For additional information, questions, and comments, please contact London Pyle, [email protected].
Kevin Biersack
Financial Services Director
68700 Avenida Lalo Guerrero | Cathedral City | California | 92234 www.cathedralcity.gov
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Attachment: Notice of Publication for Grant Applications (3813 : Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant