68-955 Adelina Road
Cathedral City, CA 92234
P (760) 323-5344
August 21, 2023
Armando J. Garcia Baldizzone, P.E.
City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: Task Order 11 – 2023 Disaster Recover Support for Tropical Storm Hilary
Dear Mr. Baldizzone:
NAI Consulting, Inc. (NAI) is pleased to submit this task order scope of work to assist the City with coordination services necessary to seek FEMA and/or FHWA reimbursement for the City’s emergency response to the damages caused by th e 2023 Tropical Storm Hilary. NAI’s proposed scope of work is focused on maintaining compliance with the CalOES and FEMA Public Assistance Grant policies and procedures as well as the Caltrans procedures for FHWA reimbursement.
NAI is prepared to assist the City in compiling all storm damage recovery related expenses and uploading to the FEMA Grants Portal as well as submitting the documentation to Caltrans . A detailed scope of work is included in the attached Exhibit A.
The scope of services is inclusive of the tasks anticipated to be completed during the duration of this Task Order. This Task Order will be billed at Time and Materials at the approved rates in the On-Call Scope of Services on a monthly basis up to the maximum amount detailed in the attached Exhibit B.
In addition, NAI agrees to comply with the FEMA contract provisions attached in Exhibit C FEMA Provisions.
In accordance with the approved On- Call Contract, Mr. Josh Nickerson, P .E., will serve as the Project Manager for this Task Order. Josh will serve as the point person and will be responsible for ensuring the City of Cathedral City is provided the highest quality of professional services.
2 This scope is as needed. It is understood that the City may, at any time, request a cessation of services and only pay for work performed as of the cessation date. Please don’t hesitate to contact me at (760) 323-5344 if you have questions or require additional information.
Sincerely,
JOSHUA NICKERSON, P.E.
Vice President
Accepted By:
_______________________________________________________________
Armando J. Garcia Baldizzone, P.E. Date
City Engineer
1 Exhibit A: TASK ORDER 11 - SCOPE OF SERVICES
August 21, 2023
NAI is prepared to assist the City of Cathedral City as necessary. The services anticipated may include but not be limited to the following work objectives.
TASK 1: PROGRAM MANAGEMENT
Task 1.1: Coordination with Federal Emergency Management Agency NAI will coordinate with the Federal Emergency Management Agency (FEMA) on behalf of the City in order to facilitate information sharing between the two agencies. In this task, NAI will update FEMA on document submittals, coordinate meeting requests, and maintain an open communication channel. This task includes following up with FEMA on the status of any submittal reviews. NAI will also updated the City’s Grants Portal website as needed.
Task 1.2: Coordination with California Department of Transportation NAI will coordinate with the California Department of Transportation (Caltrans ) District 8 Division of Local Assistance on behalf of the City in order to facilitate information sharing between the two agencies. In this task, NAI will update Caltrans on document submittals, coordinate meeting requests, and maintain an open communica tion channel. This task includes following up with Caltrans on the status of any submittal reviews.
Task 1.3: Coordination with California Office of Emergency Services NAI will coordinate with the California Office of Emergency Services (CalOES) on behalf of the City in order to facilitate information sharing between the two agencies. In this task, NAI will update Caltrans on document submittals, coordinate meeting requests, and maintain an open communication channel. This task includes following up with Caltrans on the status of any submittal reviews.
TASK 2: PROJECT DELIVERY
Task 2.1: Field Review
NAI will attend the City during the initial damage scoping field review to evaluate the storm debris and clean up efforts. NAI will attend additional field reviews as the debris remove is completed and the City plans to complete the repairs.
Task 2.2: Attend Meetings
NAI will attend internal staff meetings and meetings with each agency as necessary in person or via teleconference as permitted.
Task 2.3: Coordination with City Staff
NAI will coordinate with City Staff to compile all costs related to the City response to the storm damages. NAI will work with each agency to provide City Staff with the appropriate forms and documents for proper justification of costs.
Task 2.4: Prepare and Submit Project Invoices
NAI will assist City Staff to prepare and submit project invoices and applications . In this task, NAI will prepare the invoices in accordance with the appropriate FEMA and LAPM requirements.
This task includes coordinating with the City to compile all project related costs, ensuring eligibility for each cost, preparing the invoice backup, and updating the invoice tracking sheet for City information. NAI will coordinate with each agency to ensure all project details are current and the billed amount is accurate.
Price Summary/Totals
10,000
2023 Disaster Recover Support for Tropical Storm Hilary Submitted to: City of Cathedral City
Contract Type: Time and Materials
2023 Disaster Recovery Assistance for Tropical Storm Hilary - 10,000 - 10,000 PROJECT SUBTOTAL - - - - - - - - 10,000 - 10,000 Jose Cortez
Task Pricing TotalsNAI Labor Other Direct Cost
Stephanie MiletteDiana Smith
Fee
Erika SinohuizTotal
Labor Hrs
Josh NickersonLorissa GruehlAlex Klan
Exhibit B: Task Order 11 Fee Schedule - August 21, 2023 Labor Plan Total Time and Materials Not to Exceed Bill Rate > 189.00 189.00 72.00Disaster Recovery Assistance for the 2023 Tropical Storm Hilary. The costs below are an estimated labor plan to provide the scope of work as outlined in Exhibit A: Scope. The total cost will be adjusted based on final accounting but shall not exceed the maximum contract value of $100,000 per year.
137.00 85.00 59.0085.00
2 Exhibit C: TASK ORDER 11 – ADDITIONAL FEMA CONTRACT PROVISIONS August 21, 2023
44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for al l subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon whic h reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required ce rtification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, NAI CONSULTING, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclos ure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Signature of Contractor’s Authorized Official
Joshua Nickerson, PE
Name and Title of Contractor’s Authorized Official
August 21, 2023
Date
3 1. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) NAI Consulting will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. NAI Consulting will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or tr ansfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. NAI Consulting agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) NAI Consulting will, in all solicitations or advertisements for employees placed by or on behalf of NAI Consulting, state that all qualified app licants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) NAI Consulting will not discharge or in any other manner discriminate against any employee or appl icant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) NAI Consulting will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of NAI Consulting’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) NAI Consulting will comply with all provisions of Executive Order 11246 of Septembe r 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) NAI Consulting will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Sec retary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of NAI Consulting ’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and NAI Consulting may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) NAI Consulting will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. NAI Consulting will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so 4 participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory a ssurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
2. Compliance with Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages . The City shall upon its own action or upon wri tten request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
3. Clean Air Act
NAI Consulting agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
5 NAI Consulting agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
NAI Consulting agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
4. Federal Water Pollution Control Act
NAI Consulting agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
NAI Consulting agrees to report each violation to the City and understands and agrees tha t the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
NAI Consulting agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, NAI consulting is requir ed to verify that none of NAI consulting ’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
NAI consulting must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by City. If it is later determined that NAI consulting did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limite d to suspension and/or debarment.
NAI Consulting agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. NAI Consulting further agrees to include a provision requiring such compliance in its lower tier covered transactions.
6. Procurement of Recovered Materials
In the performance of this contract, NAI Consulting shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA - designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive - procurement- guideline-cpg-program.
NAI Consulting also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
6 7. Access to Records
NAI Consulting agrees to provide City, the FEMA Administrator, the Comptroller Gener al of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
NAI Consulting agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
NAI Consulting agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
In compliance with the Disaster Recovery Act of 2018, the City and NAI Consulting acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
8. DHS Seal, Logo, and Flags
NAI consulting shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
9. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.
NAI consulting will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non- Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
11. Program Fraud and False or Fraudulent Statements or Related Acts NAI consulting acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.