Cathedral City City Council
October 25, 2023

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previously mapped. We could also do a Lot Line Adjustment which would eliminate the need for a Record of Survey for us to show that lot line but in the future if another surveyor would to do work along that property line they would have to do a Record of Surveyor. Pursuant to Paragraph 8762(b)(4) of the Business and Professions Code the filing of a record of survey is required if one or more property lines are not reflected by record mapping. A Record of Survey or Lot Line Adjustment are not included in this proposal. Title Report to be provided by client.

2. Research

Consultant will conduct research with the City of Cathedral City, County, and other governing agencies for existing plans and maps of the adjacent area to be used for the design of the project. Fees required by the governing agencies for the existing plans/maps are not included with the scope and assumed to be paid by the client.

Consultant will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.

3. Field Topo Survey

Provide land surveying services for the project site and of existing surface improvements and utility infrastructure within 100’ of project limits for tie in design topo. Field survey to include locating buildings, perimeter walls (height and location), curbs, gutters, grade breaks, edge of pavements, spot shots within pavement areas, location of trees and trunk size, center of manhole rims; corners of structures at surface; size, orientation and depth of connecting pipes; fire hydrants; valves; electric and telephone vaults and risers; and gas piping and meters. Scope is prevailing wage. Scope excludes GPR or aerial topo or private utility location services.

4. Record of Survey (if required)

Preliminary research indicates that the establishment of one or more property lines are not reflected by record mapping. Therefore, pursuant to Paragraph 8762(b)(4) of the Business and Professions Code the filing of a record of survey is required.

As such Consultant will prepare, process, and file a Record of Survey with the County of Riverside. Any fees are to be paid by the Client.

If, upon further research, it is found that the line is mapped the Record of Survey will not be required.

5. Conceptual Site Plan

Prepare one (1) conceptual site plan to be based off a client approved architectural site plan. Prepare base file with existing and proposed property lines, easements, research data, field data, and conceptual site grading. Cadd file to be provided to other consultants for site development. Scope excludes site plan options, if required.

6. Preliminary Grading Plan

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Prepare one (1) Preliminary Grading Plan to be based off a client approved Conceptual Site Plan. Prepare base file with existing and proposed property lines, easements, research data, field data, and conceptual site grading. Cadd file to be provided to other consultants for site development. Plan to be part of the Architectural submittal package.

7. Preliminary Water Quality Management Plan

Consultant will prepare and submit one (1) preliminary Water Quality Management Plan (WQMP) in support of the preliminary entitlements. It will be prepared in accordance with the WQMP guidance document for the County. A WQMP is required when there is new or removal/replacement of 5,000 sqft of impervious area (concrete/asphalt).

This task includes calculating on-site storm water pollutant control volumes in order to design structural BMPs, selecting and sizing appropriate storm water structural BMP(s) based on the site layout, and providing a Drainage Management Area (DMA) exhibit showing the project site and location of permanent BMP(s). This scope assumes approximately one (1) to two (2) BMPs.

8. Preliminary Onsite Utility Plan

Prepare a Preliminary Onsite Utility Plan for onsite utilities. Exhibit to include existing and proposed private sewer, water services, storm drain, and dry utilities (provided by others). Approved Preliminary Onsite Utility Plan to be used for basis of the Composite Utility Plan under Final Engineering scope.

9. Preliminary Drainage Study

Consultant will prepare and submit one (1) preliminary drainage study to be used for the preliminary engineering design of the on-site storm water conveyance system towards the outlet locations. Included are preparing the on-site rational method hydrology for pre- project and post-project conditions, sizing storm drain pipes and ditches (for mainline only, per normal depth), preparing the drainage study maps, and preparing the report.

The hydrologic analysis will analyze the 100-year storm event in accordance with the County requirements. Scope excludes offsite storm drain or drainage study, if required.

10. Preliminary Hydrologic Condition of Concern (HCOC) Analysis

Consultant will perform a preliminary detention analysis utilizing HEC-HMS to determine a 2-year 24-hour detention volume and incorporate the volume into the overall strategy for storm water management compliance (i.e. – LID, water quality treatment, and HCOC). It is assumed that detention analyses for storm events other than the 2-year 24- hour storm events are not required for preliminary engineering; therefore, they are not included as part of this task. The results of the preliminary HCOC detention analysis will be included with the preliminary drainage study and WQMP where applicable. This effort does not include design of outlet work details.

11. Geocon West Inc Soils Investigation

Consultant’s sub-consultant, Geocon West, Inc., will prepare a Geotechnical Study for the project site we are proposing to utilize a truck mounted drill rig to excavate small- diameter (8-inches) borings within the site where improvements are proposed and

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percolation borings for the proposed BMP. Scope of services are as follows:

• Perform a site reconnaissance to mark proposed boring locations and notify Underground Service Alert of Southern California (USA) to mark subsurface utility conflicts. They will only mark utilities within public right of way. A private utility contractor is recommended if you suspect subsurface utilities are present in the project area.
• Excavate small diameter geotechnical and percolation test borings within the site utilizing a truck mounted hollow stem auger drill rig. We expect the borings will be excavated to depths of 5 to 30 feet, or practical refusal whichever occurs first. We will log the borings in accordance with the USCS and collect soil samples for laboratory testing. The borings will be backfilled with soil cuttings upon completion.

Our work does not include the characterization, drumming, or other handling or mitigation of contaminated soils.
• Perform percolation testing at two BMP locations in accordance with Riverside County requirements.
• Perform laboratory tests on soil samples collected. The laboratory test program will be based on the soil conditions encountered with respect to the proposed improvements. We expect the testing program will include maximum density/optimum moisture content, in situ moisture and density determinations, corrosion screening (resistivity, sulfate, chloride, pH), grain size analyses, consolidation, expansion potential, R-value, and direct shear tests.
• Prepare a geotechnical investigation report for project planning and design. Our report will include boring logs, percolation test data and calculated infiltration rates, a plan depicting the boring and percolation test locations, laboratory test results, geologic hazards, seismic design parameters, geotechnical analyses, settlement estimates, and conclusions and recommendations for earthwork, foundations, paving, lighting foundation, flatwork, and utility installation.

ASSUMPTIONS:
• Geocon will be permitted to access the site to perform our field work during regular business hours of 7 am to 5 pm Monday through Friday, no night or weekend work will be required.
• All existing utilities will be clearly marked on a site plan and provided to Geocon prior to our field work. A private utility locator can clear the boring locations for an additional $2,200.

12. Conceptual Project Management, Meetings and Coordination

Provide conceptual project management and processing. Attend meetings with Client, Client’s other consultants, sub-consultants, and agencies as required. Coordinate design with Client, Client’s other consultants, and sub-consultant including providing base plans. A maximum of twenty (20) hours is included within this Scope of Services.

Scope excludes community outreach/Commissions/City Council Meetings (to be covered by others), Zone Change, General Plan Amendment, or Lot Line Adjustment, if required.

Scope also excludes lighting design.

B. Final Civil Engineering (Final Design)

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1. Precise Grading Plans

Prepare precise grading plans for review and approval. Plan to show existing adjacent buildings within 100’ of project limits, parking, ADA access, storm water treatment methods, hardscape features and landscape areas as required for on-site improvements.

Plans to be prepared at a scale of 1” = 20’. Plan to show:

• Existing and proposed property lines and constraints. • Existing topography and planimetric features.
• Existing utility infrastructure.
• Limits of demolition and removals.
• Erosion Control Sheet.
• Graded slopes as required.
• Drainage by swales and/or curb and gutters.
• Proposed site hardscape.
• Proposed finished surface elevations.
• Proposed gradients of improvements.
• Retaining walls required by site layout to be shown for horizontal and vertical location only. American Public Works Association standard structural details will be provided for retaining walls. Project specific structural design of retaining walls is not part of this Scope of Work. Type and finish per Landscape Construction Drawings, separate scope below.
• Horizontal control for proposed improvements.
• Edit Architect’s Specifications for Civil scope only. • Scope excludes separate offsite street improvement plans, street or channel cross sections, or trail plans if required.

Work product is approved plans and a 2D model. If a 3D model is requested by client/client’s contractor for construction purposes, additional scope and fee may be necessary. Scope excludes offsite improvement plans or modifications to existing offsite agency plans if required. Scope excludes 3D rendering.

2. Final Water Quality Management Plan

Consultant will prepare and submit one (1) Water Quality Management Plan (WQMP).

The WQMP will be provided to address the requirements for permanent storm water Best Management Practices (BMPs) throughout the site as a result of the project, including source control, site design and storm water LID BMP requirements. It will be prepared in accordance with the WQMP guidance document for the County. A WQMP is required when there is new or removal/replacement of 5,000 sqft of impervious area (concrete/asphalt/impermeable field liner).

This task includes calculating on-site storm water quality volumes in order to design structural BMPs, selecting and sizing appropriate storm water structural BMP(s) based on the site layout, and providing a WQMP exhibit showing the project site and location of permanent BMP(s). This scope assumes two (2) BMPs.

3. Composite Utility Plan

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Prepare a composite utility plan for private onsite sewer, water and irrigation services from adjacent existing public services. Plans to reference proposed dry utility relocations/services for utility coordination only, dry utility construction plans by others.

Scope excludes separate public utility improvement plans or modifications to existing agency plans. Plans to be submitted as part of landscape architect submittal set, separate permitting not anticipated.

Scope excludes utility easements if required.

4. Onsite Storm Drain Plans

Consultant will prepare and process one (1) private plan view only storm drain plan to handle the onsite drainage. Scope assumes no offsite drainage through the storm drain system. Scope assumes no offsite storm drain. Area drain system is per the precise grading plans. Scope excludes offsite improvement plans or modifications to existing offsite agency plans if required.

5. Final Drainage Study

Consultant will prepare and submit one (1) drainage study to be used for the final engineering design of the on-site storm water conveyance system. Included are preparing the on-site rational method hydrology for pre-project and post-project conditions, sizing inlets and pipes, identifying riprap outlet locations (where applicable), preparing the drainage study maps for pre-project and post-project conditions, and preparing the report.

The hydrologic analysis will analyze the 100-year storm event in accordance with County requirements. Scope assumes no offsite drainage study will be required.

6. Final Hydrologic Condition of Concern (HCOC) Analysis

Consultant will update the previously performed HCOC detention analysis utilizing HEC-HMS. Included are energy dissipation design and emergency overflow sizing. It is assumed that the base design is essentially unchanged from preliminary engineering to final engineering. 24-hour duration precipitation event for the 2-year return frequency will be analyzed for storage attenuation using the HEC-HMS software. It is assumed that detention analyses for storm events other than the 2-year 24-hour storm events are not required; therefore, they are not included as part of this task. The results of the final HCOC detention analysis will be included with the final drainage study and WQMP where applicable.

7. Storm Water Pollution Prevention Plan

Consultant will prepare a SWPPP based on the requirements of the State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022-0057-DWQ NPDES No. CAS000002 (adopted September 8, 2022, effective September 1, 2023). The SWPPP will be prepared utilizing the RICK SWPPP template. The scope and fee for the SWPPP includes two major tasks.

The first task will be conducted to determine the Risk Level (either Risk Level 1, 2 or 3) for the project.

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The next task will be to prepare a SWPPP for the specific Risk Level determined by the Risk Determination Analysis. RICK will be responsible to conduct a Risk Determination Analysis to determine the project’s Risk Level based on one set of construction start and end dates. RICK will prepare a SWPPP based on the project’s Risk Level determined in the Risk Determination Analysis. This task will include the preparation of a Notice of Intent (NOI) on the Storm Water Multi Application Report Tracking System (SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOI. The Discharger/LRP must electronically certify and submit the NOI on SMARTS.

RICK will act as the initial Qualified SWPPP Developer (QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner (QSP) for implementation of the SWPPP throughout the life of the project.

RICK is not responsible for paying filing fees for coverage under the CGP and any future annual fees.

8. Final Certification

Review field data and prepare final grading certification of the site improvements for processing with the City. Scope includes field survey for a single site visit. Certification required for Occupancy approval. Scope excludes a separate pad certification if required.

9. BMP Certification

Prepare final BMP certification related to the WQMP requirements. Required in addition to the Final Grading Certification above. Scope includes a single site visit by engineer and completing necessary forms for when construction is completed and the site is stabilized.

10. Project Management, Meetings and Coordination

Provide project management and plan processing. Attend meetings with Client, Client’s other consultants, sub-consultants, and agencies as required. Coordinate design with Client, Client’s other consultants, and sub-consultant including providing base plans. A maximum of thirty (30) hours is included within this Scope of Services. Scope excludes community outreach (to be covered by others).

11. Bid Assistance

Consultant will assist Client in the bid process by attending one (1) virtual pre-bid meeting and answering questions relating to the engineering plans prepared by Consultant. Scope does not include preparation of any specifications or bid documents.

Actual time constraint is unknown. A budget of fifteen (15) hours has been assumed for this task.

C. Construction Administration

1. Construction Administration

Provide Construction Administration during the construction of the proposed project improvements. Includes review and response to Request For Information (RFI) and

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Submittal approvals from project contractor. A maximum of twenty-five (25) hours is included within this Scope of Services.

2. Project Closeout

Consultant will prepare As-Built Plans for the related Civil plans. Scope assumes consultant will receive as-built letters from the contractors and the contractor’s as-built plan markup’s. Scope assumes no major changes have occurred and does not include any as-built survey time.

The set of documents shall consist of the corrected plans showing the reported locations of the work. While the information submitted by the contractor or governing agency and incorporated by the design professional into the record will be assumed reliable, the design professional will not be responsible for the accuracy of this information nor for the errors or omissions which may appear in the record documents as a result.

IV. FEES, CHARGES AND TERMS

For the services outlined in Item III above, the Client agrees to pay the Consultant a total fee as indicated below.

Fees and expenses will be billed monthly as the work progresses and the net amount shall be due within thirty (30) days from the date of receipt of the invoice in the Client’s office.

Overtime work authorized to expedite this project shall be charged out at 1.5 times normal billing rates, 2.0 on Sundays and Holidays.

All time will be billed per the following schedule:

A. Preliminary Engineering (Conceptual Design)

1. Boundary Survey and Easement Plot ....................................................................... $10,000

2. Research ..................................................................................................................... $3,000

3. Field Topo Survey ..................................................................................................... $9,000

4. Record of Survey (if required) .......................................................................................... $0

5. Conceptual Site Plan .................................................................................................. $4,500

6. Preliminary Grading Plan .......................................................................................... $7,000

7. Preliminary Water Quality Management Plan .......................................................... $6,000

8. Preliminary Onsite Utility Plan .................................................................................. $4,000

9. Preliminary Drainage Study ....................................................................................... $6,500

10. Preliminary HCOC Analysis...................................................................................... $5,000

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11. Geocon West Inc Soils Investigation ................................................................................. $0

12. Conceptual Project Management, Meetings and Coordination ................................. $5,000

Preliminary Civil Engineering Total $60,000

B. Final Civil Engineering (Final Design)

1. Precise Grading Plan ................................................................................................ $18,000

2. Final Water Quality Management Plan ...................................................................... $8,000

3. Composite Utility Plan ............................................................................................... $5,000

4. Onsite Storm Drain Plans .......................................................................................... $9,000

5. Final Drainage Study ................................................................................................. $7,000

6. Final HCOC Analysis ................................................................................................ $5,000

7. Storm Water Pollution Prevention Plan .................................................................... $7,500

8. Final Certification ...................................................................................................... $3,000

9. BMP Certification ...................................................................................................... $3,000

10. Project Management, Meetings and Coordination ..................................................... $7,500

11. Bid Assistance ............................................................................................................ $3,750

Final Civil Engineering Total $76,750

C. Construction Administration

1. Construction Administration ...................................................................................... $6,250

2. Project Closeout ......................................................................................................... $2,500

Construction Administration Total $8,750

Preliminary + Final Civil Engineering + CA Total $145,500

V. ADDITIONAL SERVICES

The following items may be required, but are not included in the scope of work outlined in Item II above. Additional authorization will be required for these services.

A. Changes in scope of design directed and authorized by Client, in writing, after the start of working drawings. In this case, the amount of extra work shall be that required to bring the revised work to the same stage of completion as the original work at the time of the change

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order. In the event the Client desires any changes to the above scope of work, the terms and conditions indicated in Items II and III are subject to revision.

B. Work of a general or promotional nature not connected with the actual design, approval, or construction of the project.

C. Design and approval of a water or sewer net analysis, booster stations, pressure reducing stations, sewer pump stations, reclaimed water systems or other utility systems, and the legal descriptions or plat preparations thereof.

D. Design of offsite water, sewer, storm drain or streets outside the subdivision boundaries other than where noted.

E. Construction changes, as-built plans, and/or positive drainage reviews. Note that agency requirements often necessitate the use of miscellaneous field surveys to verify as-built conditions.

F. Administration, processing or negotiations to obtain approvals and/or signatures from third parties for such items as Letters of Permission, easements, access roads, driveways, etc.

G. Structural design of any structures or walls.

H. Storm Water Pollution Prevention Plan (SWPPP) less than 1 acre disturbed.

I. Composite Utility Plan, Storm Drain Plan, Hydrology/Hydraulic Calculations/Reports.

J. Easements, legal descriptions and plats, except as specified.

K. Any other services performed at the direction of the Client, which are not defined in the above-listed services, shall be in addition to those set forth in Item III of this agreement.

VI. CLIENT FURNISHED SERVICES

Client shall be responsible for and pay:

A. All bonds, utility charges, public agency fees, and title company fees.

B. Soils/Geotechnical engineering, testing and inspection fees.

C. Blueprinting, plotting, photo work and miscellaneous reproduction costs required by Consultant, Owner, Client, Contractor, public agency and other consultants, deliveries and mileage.

D. Potholing and cost of equipment rental.

E. Dry utility design.

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VII. MISCELLANEOUS PROVISIONS

A. The Standard Provisions, set forth upon the Rick Engineering Company form, are incorporated herein and made a part of this agreement.

B. Pursuant to Section 8762 of the Business and Professions Code of the State of California, any resurvey of property, which discloses a "material discrepancy" between said resurvey or the original survey, and the original recorded map, shall require the recording of a Record of Survey that shall show such discrepancies. It shall be the responsibility of the Consultant to determine if such a record is necessary, and the cost of a Record of Survey shall be borne by the Client.

C. If notice to proceed and/or start of work is delayed for any reason beyond sixty (60) days it is understood by the parties that terms and conditions contained in Items III and IV are subject to change.

D. Engineering fees for work not performed one year after the date of this agreement shall be increased by five percent (5 %) per year for each year thereafter.

E. The Client agrees that the Consultant shall not be held responsible for any work not performed or constructed in accordance with the Consultant's plans and specifications. The Client also understands and agrees that the Consultant will not be observing actual construction work and will not perform any inspection of the improvements made to the property unless contracted to do so.

F. The Client agrees that the proposed improvements recommended as a result of this agreement are based on the scope of the contract description and funding; and that periodic reviews, recommendations and maintenance of the project will be required throughout its lifetime for those improvements to function at their design capacity.

G. Upon execution by the Client, this proposal shall become the Agreement for the services outlined above.

At your direction we are proceeding on this work as outlined above, and ask that you please sign and return this agreement as our written authorization.

If you have any questions regarding this proposal, please contact me at (951) 782-0707. Thank you for requesting Rick Engineering Company to provide these services.

Sincerely,

RICK ENGINEERING COMPANY

Kristin M Werksman, RCE 69317
Associate

APPROVED:

By: ____________________________________ Date: ______________________

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Hourly Rates – California Offices
April 1, 2023 – August 25, 2023

______________________________________________________________________________________________________________________________ When authorized, overtime shall be charged at the listed rates times 1.3.

Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.

A ten (10) percent fee for administration, coordination and handling will be added to all subcontracted services.

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Principal Consultant (Special Projects) .................................... $300.00 Principal .................................................................................... 290.00 Associate Principal ................................................................... 270.00 Associate/Manager .................................................................. 250.00 Expert Witness ........................................................................... 450.00 Court Appearance per half day or part .................................... 1,800.00

Senior Project Manager/Engineering Manager ...................... $ 245.00 Principal Project Engineer/Manager ......................................... 230.00 Associate Project Engineer/Manager ........................................ 205.00 Assistant Project Engineer/Manager ......................................... 190.00 Principal Engineering Designer ................................................ 170.00 Associate Engineering Designer ............................................... 150.00 Assistant Engineering Designer ............................................... 135.00 Principal Engineering Drafter .................................................. 130.00 Associate Engineering Drafter ................................................. 120.00 Assistant Engineering Drafter .................................................. 110.00

Senior Transportation/Traffic Engineer .................................. $ 240.00 Principal Transportation/Traffic Engineer ................................ 230.00 Associate Transportation/Traffic Engineer ............................... 205.00 Assistant Transportation/Traffic Engineer ................................ 190.00 Principal Transportation/Traffic Designer ................................ 170.00 Associate Transportation/Traffic Designer ............................... 150.00 Assistant Transportation/Traffic Designer ............................... 135.00

Principal Planner II .................................................................. $215.00 Principal Planner I .................................................................... 200.00 Senior Planner II ........................................................................ 185.00 Senior Planner I ......................................................................... 170.00 Associate Planner ..................................................................... 150.00 Assistant Planner ...................................................................... 130.00 Planning Technician ................................................................. 110.00

Principal Project Landscape Architect/Manager .................... $ 205.00 Associate Project Landscape Architect/Manager ..................... 185.00 Assistant Project Landscape Architect/Manager ...................... 165.00 Principal Landscape/Urban Designer........................................ 140.00 Associate Landscape/Urban Designer ..................................... 130.00 Assistant Landscape/Urban Designer ...................................... 115.00

Principal Environmental Project Manager .............................. $ 200.00 Associate Environmental Project Manager .............................. 185.00 Assistant Environmental Project Manager ............................... 165.00 Principal Environmental Specialist .......................................... 145.00 Associate Environmental Specialist ......................................... 135.00 Assistant Environmental Specialist ............................................ 120.00 Environmental Technician ........................................................ 110.00

Principal Water Resources Engineer/Manager ....................... $ 235.00 Principal Water Resources Designer ........................................ 170.00 Associate Water Resources Designer ....................................... 150.00 Assistant Water Resources Designer ....................................... 135.00

GIS Manager ........................................................................... $200.00 GIS Programmer ..................................................................... 170.00 Principal GIS Project Manager ................................................ 190.00 Associate GIS Project Manager ................................................. 175.00 Assistant GIS Project Manager ............................................... 160.00 Principal GIS Analyst .............................................................. 150.00 Associate GIS Analyst ............................................................ 140.00 Assistant GIS Analyst ............................................................. 125.00 Principal Graphics Designer ..................................................... 135.00 Associate Graphics Designer .................................................... 125.00 Assistant Graphics Designer .................................................... 115.00 CAD Manager ........................................................................... 180.00

Field Supervisor .................................................................... $ 220.00 One-person Survey Party ........................................................ 180.00 One-person Survey Party with Robotics ................................. 230.00 Two-person Survey Party ......................................................... 280.00 Three-person Survey Party ...................................................... 380.00

3D Laser Scanning Crew (One-Person) ................................. $ 240.00 3D Laser Scanning Crew (Two Person) ................................... 290.00

Principal 3D Laser Scanning Project Manager ....................... $ 200.00 Associate 3D Laser Scanning Project Manager ........................ 175.00 Assistant 3D Laser Scanning Project Manager......................... 165.00 Principal 3D Laser Scanning Specialist .................................... 145.00 Associate 3D Laser Scanning Specialist .................................. 135.00 Assistant 3D Laser Scanning Specialist ................................... 125.00 Principal 3D Laser Scanning Technician .................................. 115.00 Associate 3D Laser Scanning Technician ................................ 105.00 Assistant 3D Laser Scanning Technician ................................... 95.00

Photogrammetry Supervisor .................................................... $185.00 Principal Photogrammetrist ..................................................... 160.00 Associate Photogrammetrist ..................................................... 130.00 Assistant Photogrammetrist ...................................................... 120.00

Principal Survey Analyst ......................................................... $195.00 Associate Survey Analyst ......................................................... 160.00 Assistant Survey Analyst........................................................... 130.00

Associate Project Administrator ............................................. $ 100.00 Assistant Project Administrator .................................................. 80.00 Administrative Assistant/Manager ............................................. 85.00

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Initial ______

412 E. Vanderbilt Way | San Bernardino, CA 92408
Pacific Northwest 425.458.9700 | Southern California 909.890.3700 | DesignWestEng.com

Date: July 26, 2023

Company: David Volz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626

Attention: David Volz

Subject: Downtown Dog Park
Our Proposal #P-2316341

PROJECT SCOPE
Provide Construction document design and specifications for Downtown Dog Park located in Cathedral City, CA. Scope as followed:
- Lighting for Dog Parks
- Lighting for (4) Pickleball Courts
- Lighting for Parking Lot
- Lighting for shade structure
- Security lighting for park walkways
- Conduits for security cameras
- Reuse existing main electrical service

PROJECT ASSUMPTIONS
1) Proposal based on drawings/SOW/RFP City Project No. 07016 2) Design Phases: SD, DD, 50%CD, 100%CD, Bid, Permit, CA 3) The following existing systems and equipment will be reused:
a) Electrical service and panelboards
4) Assume Electrical as-builts will be provided
5) We have assumed existing electrical service has adequate capacity and we have not assumed new service coordination with utility.
6) Code cycle: 2022

SERVICES INCLUDED
1) (1) Pre-design site visit for verification of existing conditions 2) (3) Virtual conference/coordination meetings
3) Electrical specifications provided in book format
4) Licensed Professional Engineers stamp and signature
5) Review of quantities and scope within construction costs estimates provided by architect

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy 6) Electrical site plan including the following:
a) Site lighting layout, circuiting, and control wiring diagram for general lighting purposes b) Point by Point of site lighting foot candle levels
c) Schedule of lighting fixtures
d) Energy code lighting compliance forms
e) Coordination with existing electrical service and panelboards f) Distribution and branch panel locations
g) Single line diagram
h) Load schedules
i) Panel schedules
j) Voltage drop calculations
k) Security conduits to poles
7) Signal plan(s) including the following:
a) Coordination with low voltage designer or vendor for pathways, power requirements and device locations only for security systems as required
8) Deliverables as follows:
a) Progress sets at the request of client - .pdf electronic files b) For submission/re-submission to Plan Check - .pdf electronic files 9) Plan Check and Permit support services:
a) Completion of applicable governing agency plan check comments 10) Bidding support services:
a) Provide response to RFIs to Architect
b) Provide clarifications and revisions to drawings and/or specifications when required 11) Construction administration support services:
a) Provide response to RFIs to Architect
b) Review and return to the Architect, shop drawings and submittals c) (1) Construction phase meetings/site visit(s) including d) (1) Site visit with final “punch list”
e) Prepare required project close reports and documentation f) Prepare As-Built/record drawings based on contractor notes and redlines

SERVICES NOT INCLUDED
1) LEED Documentation, Credit Analysis or Credit Templates 2) Commissioning and/or Energy Code acceptance testing services 3) Documenting existing Electrical systems beyond major components. Major components consist of Electrical equipment. If accurate As-Built or record drawings are not provided, and additional time is required to verify size and location of lighting and electrical wiring, additional fees will be required. 4) Background generation
5) Upgrade to existing electrical service or panelboards due to inadequate capacity or condition 6) Site improvements
7) Project meetings, construction site visits, or recurring coordination meeting conference calls beyond those listed in scope
8) Detailed estimate of probable construction cost
9) Revisions to our plans after plan check approval due to changes in design, such as floor plan and site

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy plan modifications, or additional scope changes
10) Calculation of plan check and/or building permit fees or payment thereof 11) Delivery of plans to City or County agencies
12) Printing of additional sets of drawings other than listed in scope 13) Material and equipment take-offs for bidding
14) Construction contract bid negotiation process
15) Electrical services for building other than those listed in scope of work 16) Preparation of record/AS-built drawings
17) Preparation of multiple drawings or drawing set for separate construction phasing unless specifically indicated in Project Scope or Services Included
18) Sub-contracts with any other consultants such as Structural Engineers, or Architects for out of scope work such as equipment platforms and support or site lighting pole base calculations 19) Verifying locations of existing underground utilities which transit the site 20) Design of solar photovoltaic systems and energy storage systems and calculations 21) Special effect lighting systems such as Theatrical lighting 22) Temporary power design
23) Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders 24) Emergency engine generator fuel supply systems remote from the generator; engine exhaust air pollution control/abatement systems and permits (AQMD); engine generator cooling/combustion air supply/return systems
25) Public street lighting, traffic control, street improvements and offsite utilities 26) Arc flash hazard analysis and protective device coordination study 27) Application or documentation for rebate program(s) other than listed in scope 28) Any coordination or permit application/acquisition for local department of transportation and/or any other agency not shown in the “inclusions” portion of the Scope of Work 29) Low voltage systems design and equipment specifications including the following:
a) Voice/Data, Network and Intercom systems
b) CCTV and Cable television systems
c) Building and site Fire alarm system
d) Security and Access Control systems
e) Audio/Video and Music/paging systems

DRAWING DESIGN FORMAT
Software used to for construction drawings will be based on the following:

AutoCad® version 2020 or later

PROVIDED BY CLIENT
1) Record drawings of existing MEP systems
2) Project street address
3) Computer drawings files and associated support files as well as drawing format requirements 4) Catalog cuts of specific fixtures or equipment requested by your office or owner 5) Requirements of all equipment specified by your office and/or other consultants to be connected to electrical service
6) Format for book form specifications including font type, header and/or footer layout

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy 7) Name, address and telephone number of any available project contacts (i.e. additional consultants, plan check, owner’s representative)
8) Restrictions or requirements to the property put in effect through conditional use permits or other likewise attachments to this property
9) Billing schedule for invoicing if specific requirements apply 10) 30-Day load recordings for requested electrical panels intended to be reused and 12 months of electric utility bills for verification of existing peak demand on main service 11) Civil CAD file with overhead and underground utilities shown 12) PDF and CAD files of required drawings such as electrical, communications and civil

FEE
We propose to provide services as outlined in the proposal for subject project for the sum of $15,410.00.

The breakdown of fees is as follows:

Electrical Design Documents $11,330.00
Construction Administration $4,080.00
Total Fee $15,410.00

FEE – STRUCTURAL ENGINEERING
We propose to provide structural footing calculations for lighting poles only for subject project for the sum of $2,000.00.

NOTES
1) Attendance at design meetings at client’s office, other than listed above, will be performed for the additional fee of $950.00 per meeting, per person, up to two hours. Meeting time in excess of two hours will be billed at $170.00 per hour.
2) Attendance at virtual design meetings, other than listed above, will be billed at $170.00 per hour per person.
3) Attendance at site meeting(s), other than listed above, will be performed for the additional fee of $950.00 per trip, per person, for up to two hours. Site meeting time in excess of two hours will be billed at $170.00 per hour, per person.
4) Design West Engineering shall be provided by the client such information as is available to the client and the clients’ consultants and contractors and shall be entitled to rely upon the accuracy and completeness thereof.
5) Design West Engineering’s fees are based on the understanding that the existing utilities and equipment have adequate capacity unless noted otherwise above. Any additional engineering required for upgrade will be provided at our regular hourly rates. Any services required during construction, outside of those listed previously, will be performed at our regular hourly rates. 6) If either party to this contract brings action to enforce this contract, the prevailing party shall recover its attorney’s fees and cost from the losing party.

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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

DAVID VOLZ DESIGN
This Agreement for Design Professional Services (“ Agreement”) is entered into as of October 25, 2023 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and David Volz Design, a California Corporation (“Design Profes sional”). City and Design P rofessional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for proposals, the performance of the professional lands cape, architect, design, and engineering services defined and described particularly in Section 2 of this Agreement.

B. Design Professional, following s ubmission 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 selec ted by the City on the basis of Design Professional’s demonstrated c ompetence and the professional qualific ations necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City’s Munic ipal Code, City has authority to enter into this Design Professional Services Agreement and the City M anager has authority to execute this Agreement.

E. The Parties desir e to formalize the selection of Design Professional for performance of those services defined and described particularly in S ection 2 of this Agreement and desir e that the terms of that performance be as particularly defined and described herein.

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

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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 (2) years commencing on the Effective Date.

SECT
ION 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 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 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 amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this r eference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Seventy-F ive Thousand, Seven Hundred Ninety-S even Dollars and Zero Cents ($375,797.00), unless additional compensation is approved in writing in accordanc e with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design P rofessional shall furnish to City an or iginal invoice for all work performed and expenses incurred during the pr eceding month. The invoice shall detail c harges by the following categor ies: labor (by sub-c ategory), travel, materials, equipm ent, supplies, and sub-D esign Professional contracts. S ub-Design Professional charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set for th in subsection ( a) and Exhibit “B” include payment of labor on an hourly bas is (as opposed to labor and materials being paid as a lump sum), the labor category in each inv oice shall include detailed descriptions of task performed and the amount of time incurred for or allocated

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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, 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 deemed 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 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 other documents prepared, developed 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

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the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Pr ofessional 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 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; other wise, 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 recor ds 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 expr essly 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, 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

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Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Des ign 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 thi s Agreement in a thorough, competent and professional manner. 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, Des ign 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 fort h 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 thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully consider ed how the work should be performed, and (4) it fully understands the facilities, di fficulties and restrictions attending performance of the work under this Agreement.

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

Design Professional shall keep it self 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

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of the following services subject to pr evailing 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 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 Pr ofessional 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 an y 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 wit hout 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 w ith 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 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 shal l 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 Servi ces 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 entit ies 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 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 admi ssions 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”) fr om 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 s ub- 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 joi nt 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 project 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 Indemni fied 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 t o 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 acts 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” “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 the

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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 Profes sional, 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 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 addit ion 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 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 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 defau lt 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 del ay 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 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 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: David Volz Design
Attn: David Volz
78-760 Calle Estado
La Quinta, CA 92253

Notice shall be deemed effective on the date personal ly 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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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 t hat 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 liti gation 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 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.

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

CITY OF CATHEDRAL CITY DAVID VOLZ DESIGN

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________

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

APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NO
TE: 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 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-1
EXHIBIT "A"

SCOPE OF SERVICES

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DOWNTOWN DOG PARK, CITY OF CATHEDRAL CITY DVD
30 TASK 1 - PROJECT INITIALIZATION

1.01 Initial kickoff meeting with city project staff
a. Review project criteria and program
objectives
b. Review procedures and design
schedule
c. Assign calendar dates to each
milestone

1.02 Background Research
a. Collect available data and maps
b. Review site plans and documents
c. Review initial opportunities
• Identify opportunities and constraints
• Identify surrounding uses and
connections

1.03 Prepare base map and exhibits for
planning purposes

1.04 Preliminary Engineering Studies (see Rick
Engineering Scope of Work)
a. Geotechnical soils report and
percolation testing
b. Site topographic survey
c. Initial hydrology study
d. Initial SWPPP/WQMP Plans
TASK 2 – COMMUNITY WORKSHOP

2.01 Initial community review and workshop
a. Meet with the community on site
• Conduct site walk
• Discuss opportunities and
objectives
• Review limitations and challenges
• Review program opportunities
• Facilitate design charrette with
community participants
• Gather initial ideas and direction

2.02 Document input received
a. Prepare summary of input from
community
b. Annotate maps with community
insights

WORK PLAN

2.03 Second community review and workshop
a. Present preliminary concept plans (2)
• Program elements review
• Idea and vision consolidation
• Options, alternatives, and theme
considerations
• Concept discussion and
recommendation
• Define community consensus and
collective vision
b. Document input received
• Prepare summary of input from
community
• Annotate maps with community
insights

2.04 Meeting with city staff to review work to
date

MEETINGS & DELIVERABLES
Review meeting with staff (1)
Community outreach meetings (2)
Community outreach exhibits
TASK 3 – PRELIMINARY CONCEPT PLANS

3.01 Review input received from previous
community outreach with city project team
a. Identify opportunities and program for
potential park facilities.

3.02 Prepare preliminary concept plan(s)
a. Develop designs for park
improvements
b. Develop concepts and alternatives
c. Refine and consolidate ideas
d. Prepare initial concept plans for city
staff review

3.03 Construction cost budget estimates
a. Prepare analysis of construction cost
for each plan options

3.04 Present concept plans
a. Review background and challenges
b. Present initial concept and alternatives
c. Gather input from commission

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31 d. Seek consensus on collective vision

MEETINGS & DELIVERABLES
Review meeting with staff
Preliminary concept plan (2)
Construction cost budget
Presentation to Commission/Council (1)
TASK 4 – FINAL CONCEPT PLANS

4.01 Prepare final concept plan
a. Review schematic layouts with city
staff, obtain direction to prepare final
concept plan
b. Prepare draft master plan map
c. Prepare draft project letter report

4.02 3D Renderings & Graphics
a. File setup and linework preparation.
b. Develop 3D “wire” model (including site
topography, walls, earthforms,
surrounding structures, surfaces,
and existing site features immediately
adjacent to project area).
c. Prepare preliminary perspective views
(camera setup, lighting, texturing,
vegetation)
d. Provide final image rendering and
processing and video editing and post-
processing.
• Two final high resolution perspective
images in a lossless image format
(.TIFF)

4.03 Update construction cost budget estimates

4.04 Presentation to Commission/Council

MEETINGS & DELIVERABLES
Review meeting with staff (1)
Final concept plans (2)
Construction cost budget
Presentation to Commission/Council (1)
TASK 5 - DESIGN DEVELOPMENT

5.01 Style Guide & Resource Log
a. Provide specifications for, color, text,
graphics, materials and construction

WORK PLAN
• Catalog cuts
• Product literature
• Written narrative describing
components, materials, finishes,
custom features, and any related
elements
b. Provide resource list for purchasing and
specifying park elements

MEETINGS & DELIVERABLES
Development Design Style Guide & Resource Log
TASK 6 - CONSTRUCTION DOCUMENTS (60%,
90% & 100% SUBMITTALS)

6.01 Prepare construction drawings
a. Site construction plan and details
b. Irrigation plan and details
c. Final landscape plan and details
d. Civil plan and details
e. Architectural plan and details (prefab
building)
f. Electrical plan and details

6.02 Prepare technical specifications

6.03 Prepare construction cost budgets

6.04 Submittal/review at 60%, 90% & 100%

MEETINGS & DELIVERABLES
Construction plans (60%, 90% and 100%
submittals)
Construction technical specifications
Construction budget estimate
City staff meetings
Meeting summaries
TASK 7 - FINAL CONSTRUCTION DOCUMENTS
(FINAL SUBMITTAL)

7.01 City project team review of work-to-date

7.02 Update construction drawings per city
comments
a. Site construction plan and details
b. Irrigation plan and details
c. Final landscape plan and details
d. Civil plan and details

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DOWNTOWN DOG PARK, CITY OF CATHEDRAL CITY DVD
32 e. Architectural plan and details
f. Electrical plan and details
g. Technical specifications
h. Construction cost estimates

7.03 Internal quality control review

7.04 Turnover of original plans and
specifications

MEETINGS & DELIVERABLES
Construction plans (final submittals)
Construction technical specifications
Construction budget estimate
City staff meetings
Meeting summaries
TASK 8 - CONSTRUCTION PERIOD SERVICES

8.01 Bidding Assistance
a. Provide answers to pertinent pre-bid
questions
b. Assist the city in evaluation of bids

8.02 Construction Assistance
a. Attend pre-construction meeting
b. Respond to project Requests for
Information (RFI’s)
c. Participate in construction progress
meetings and prepare meeting
summary notes

8.03 As-built plan preparation (contractor
annotation) (OPTIONAL)

MEETINGS & DELIVERABLES
Bidding assistance
RFI responses, instructions
Meeting summaries
As-built plan preparation
City staff support services

WORK PLAN

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DOWNTOWN DOG PARK, CITY OF CATHEDRAL CITY DVD
33 WORK PLAN

PROJECT SCHEDULE
Scope of Services WK 1 WK 2 WK 3 WK 4 WK 5 WK 6 WK 7 WK 8 WK 9 WK 10 WK 11 WK 12 WK 13 WK 14 WK 15 WK 16 WK 17 WK 18 WK 19 WK 20 WK 21 WK 22 WK 23 WK 24 WK 25 WK 26 WK 27 WK 28 Task 1 - Project Initialization
Task 2 - Community Workshop (2) When -needed
Task 3 - Preliminary Concept Plans (2)
Task 4 - Final Concept Plans
Task 5 - Design Development
Task 6 - Construction Documents (60%, 90% & 100%)
Task 7 - Final Construction Documents
Task 8 - Construction Period Services
Scope of Services WK 25 WK 26 WK 27 WK 28 WK 29 WK 30 WK 31 WK 32 WK 33 WK 34 WK 35 WK 36 WK 37 WK 38 WK 39 WK 40 WK 41 WK 42 WK 43 WK 44 WK 45 WK 46 WK 47 WK 48 WK 49 WK 50 WK 51 WK 52 Task 1 - Project Initialization
Task 2 - Community Workshop (2)
Task 3 - Preliminary Concept Plans (2)
Task 4 - Final Concept Plans
Task 5 - Design Development 60% 90% 100%
Task 6 - Construction Documents (60%, 90% & 100%) 60% 90% 100% Task 7 - Final Construction Documents Final
Task 8 - Construction Period Services When-needed
Work effort Milestone City review
MONTH 7MONTH 3 MONTH 5 MONTH 6MONTH 1 MONTH 2 MONTH 4
MONTH 13 MONTH 14MONTH 8 MONTH 9 MONTH 10 MONTH 11 MONTH 12

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B-1
EXHIBIT "B"

COMPENSATION

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Attachment: Professional Services Agreement - David Volz Design (3889 : Award Professional Services Agreement with David Volz Design for DVDDavid Volz DesignDavid Volz Design
Corporate Office
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
714.641.1300
Coachella Valley Office
78060 Calle Estado
La Quinta, CA 92253
760.580.5165
San Jose Office
111 North Market Street, Suite 300
San Jose, CA 95113
669.444.0461

DESIGNING LANDSCAPES THAT

CREATE COMMUNITY
www.dvolzdesign.com
August 24, 2023
Armando J. Garcia Baldizzone, P.E.

City Engineer
City of Cathedral City
RE: FEE REDUCTION FOR THE PROPOSED CATHEDRAL CITY DOWNTOWN DOG PARK Dear Mr. Baldizzone,
The DVD team is very interested in obtaining your commission for the exciting project. As requested, we have reviewed our proposal and would like to put forward some fee reductions to meet your project budget expectations. Attached is an analysis of the tasks and fees we originally proposed and some ideas where reductions could be offered. A review of the fee elements by our team provided the following notes:

1. The survey services are extensive and perhaps not all services are required. We removed the record of survey (RICK proposal, A.4) and reduced general hours for a reduction of $18,193. We would be open to the city providing the base topographic map and elimination of the whole task if this is something the city can provide.

2. As we have previously discussed, the geotechnical services (RICK proposal, A.11) can be provided by the city and our itemized fee subtracted from our proposal total. A reduction in our fee of $17,515.

3. The community outreach and concept development (DVD task 2) could be less formal and more of a final layout presentation than a design workshop. If you would like to consider one public presentation for input and one council meeting, this task could be reduced by half the task the original prosed fee.

A reduction of $29,500.

4. We worked with the team to reduce the fees for final design construction documents (DVD task 5-7, RICK A.5-12 and
B.1-11, and DWE) by $20,250. This portion of the project equals to 7.8% of the anticipated $3.5 million dollar construction budget, which seems reasonable for the many work items to be designed.

5. The construction period services task includes on-site reviews and office work related to RFI’s and submittals. The quality of the contractor can effect the services needed by the design team. This item is proposed to be reduced by $3,450.

The total reduction proposed is $88,659. This includes $17,515 for geotech services that will be needed but supplied by the city. The project schedule also been shortened to 9 months for all design phases. Please let me know when a good time would be to review these ideas. Thank you for allowing us to work with you to reduce the scope and proposed fee.

Very truly yours,

DAVID VOLZ DESIGN
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
Designing landscapes that create
community...

Leveraging location-based
technologies to create a smarter world

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FEE SCHEDULE

REDUCTION NOTES
Site Survey & Geotechnical Services
Site Survey, Boundary, Topo Survey, Record of Survey 43,493$ 25,300$ 18,193$ General reduction in hours & Removed Record of Survey Geotechnical Services 17,515$ -$ 17,515$ Removed Geotech

SLA LA SLD LD PD AD SLA LA SLD LD PD AD
Concept Design Phase $175 $160 $155 $140 $120 $110 $175 $160 $155 $140 $120 $110 Task 1 - Project Initialization 4 8 8 8 4 32 4,500$ 2 4 4 4 2 16 2,250$ 2,250$ General reduction in hours Task 2 - Community Workshop (2) 8 20 24 16 2 70 10,100$ 4 10 12 8 1 35 5,050$ 5,050$ One community review & presentation Task 3 - Preliminary Concept Plans (2) 8 80 80 16 8 192 28,200$ 4 40 40 8 4 96 14,100$ 14,100$ General reduction in hours Task 4 - Final Concept Plans 4 40 24 40 4 112 15,700$ 2 20 12 20 2 56 7,850$ 7,850$ General reduction in hours Total Concept Design Phase 24 148 0 136 80 18 406 58,500$ 12 74 0 68 40 9 203 29,250$ 29,250$ Final Design Construction Documents
Task 5 - Design Development 4 4 8 40 20 2 78 10,800$ 2 3 4 36 20 1 66 9,000$ 1,800$ General reduction in hours Task 6 - Construction Documents (60%, 90% & 100%) 40 80 140 240 240 20 760 106,100$ 40 240 80 80 240 20 700 100,000$ 6,100$ General reduction in hours Task 7 - Final Construction Documents 4 20 80 100 204 27,000$ 4 40 20 20 100 184 25,000$ 2,000$ General reduction in hours 48 84 168 360 360 22 1042 143,900$ 46 283 104 136 360 21 950 134,000$ 9,900$ Civil Engineering Services
Preliminary Engineering 50,600$ 43,700$ 6,900$ General reduction in hours Final Design 87,400$ 83,950$ 3,450$ General reduction in hours Electrical Engineering Services 13,030$ 13,030$ -$ Total Final Design Construction Document Phase 294,930$ 274,680$ 20,250$ Task 8 - Construction Period Services 16 20 20 80 20 156 22,500$ 16 20 20 80 20 156 22,500$ -$ Civil Engineering Services 17,825$ 14,375$ 3,450$ General reduction in hours Electrical Engineering Services 4,692$ 4,692$ -$ Total Construction Assistance Phase 45,017$ 41,567$ 3,450$ Reimbursables 5,000$ 5,000$ -$
TOTAL PROPOSED DESIGN FEE TOTAL PROPOSED DESIGN FEE 88,659$ Percent of $3.5 million project budget
Site Survey 25,300$ 0.7%
Geotechnical Services -$ 0.0%
Total Concept Design Phase $ 29,250 0.8%
Total Final Design Construction Document Phase $ 274,680 7.8% $ 329,230 9.4%

BREAKDOWN SUMMARY

ORIGINAL PROPOSAL REVISED PROPOSAL
Total
Hrs
Fee
375,797$
Total
Hrs
Fee
464,455$

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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 may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability whi ch may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

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

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

Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and it s 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 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 writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisi ons 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 aut horized 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 s uch deductibles or self -insured retentions as respects City or i ts 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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Cathedral City Page 1 of 4 Printed on 10/19/2023

Staff Report

City Council

Item No. 7.D

Meeting Date: October 25, 2023
From: Kevin Biersack, Financial Services Director
Title: Gregory S. Pettis Fountain of Life Repair and Upgrade

City Council

RECOMMENDATION:

To authorize staff to proceed with the repairs and upgrades to the Gregory S. Pettis Fountain of Life

BACKGROUND:

The City’s Gregory S. Pettis “Fountain of Life” was developed/built over a two -year period from 1998 – 2000. It was meant to be something truly special – a monument/”work of art” symbolizing the ambition of an entire community as well as a gathering place for Cathedral City citizens. The “Fountain of Life” features a central structure of three highly decorated stone bowls, at different heights, each level with various jets an d cascades, set atop columns rising into the desert sky. Water tumbles, sprays and cascades from these bowls and other jets on the center structure. All around this vertical structure are sculpted animal figures – a whimsical counterbalance lending a light touch to the composition.

As assembled, the center element weighs nearly 100 tons, which called for a significant foundation. A Structural Engineer from Oxnard, CA, designed a 12 -by-14-foot pad, four (4) feet thick. The pad was created in two pours to ass ure proper placement of the conduits, routed through large iron standpipes ranging in diameter from six ( 6) to 14 inches.

The center fountain structure was built on three levels. The first row was laid on the pad around the standpipe. Slots were cut into t he bottom of the base stones. Loops of rebar were then cemented in place using a special epoxy/mortar mixture. Holes were cut in the tops and sides of the stones for more rebar. Stubs for the loops were then used to stitch the second and third levels of stone to each other.

On the first two levels, a large void was left in the center of the stones. After the pieces were put together, th e void was then filled with concrete, flush to the top. Once the center structure was complete, columns for the bowls were added and lowered over each standpipe. Separately, plumbing runs were set up to the animal’s supporting

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foundations and an encircling gutter system with a 60-foot diameter to allow for flow and drainage of the water system.

To the east of the fountain is a 25-year-old subterranean equipment vault with two 10 - horsepower pumps driving the water features. The control panels and plumbing configurations program 35 different water elements with a variety of nozzles and spray effects in a system holding approximat ely 10,000 gallons of water drawn from a subgrade surge tank. To compensate for the rapid evaporation in the desert, an auto -fill system was created.

There are areas of soft surface deterioration, safety concerns, slip and fall issues, and potential struct ure issues, e.g., cracks in the bowls – with varying degrees of risk associated with operating the fountain as an interactive, climbable water feature. The fountain was not operational for seven (7) months from October 2023 through April 2023. Due to poten tial structural issues, deterioration and damage to the soft surface and the associated risk with it being an interactive, climbable feature on the actual art pieces, staff (with City Council concurrence) secured the fountain with temporary fencing and sig nage to make it a central art piece. City staff addressed basic mechanical, electrical and plumbing issues to make the fountain water flow operational.

The fountain’s water flow operated from May through September of this year until scalping season and laying seed for winter grass.

DISCUSSION:

At the April 5, 2023 Council meeting, staff received City Council concurrence to engage Verde Design, a third-party consultant, to create a conceptual design at a cost of $8,200 for the Fountain’s proposed use to include these considerations:
• Fencing (potentially made of recyclable materials) to protect and safeguard the art.
• Concrete and/or soft surface options inside and outside fencing • Water flow and drainage
At the September 27, 2023 City Council meeting, staff received City Council direction to research and develop a detailed plan to implement the concept ual diagram in attachment 1 . This repair and upgrade is estimated to be a total cost of $150,000, including a 12% contingency. This project will not require a f ormal Request for Proposal (RFP). Staff will issue task orders to existing vendors for specific tasking, e.g., concrete.

Project details with associated costs are provided in attachment 2. A summary is provided below of the project details:

Site Preparations:

• Construction Fencing

• Demolition Grading, Drainage & Utilities

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o Remove approximately 800 square feet of existing concrete paving o Remove approximately 2,800 square feet of existing rubber surfacing o Rough, fine grade and compact approximately 3,000 square feet

• Construction Items

o Install approximately 3,000 square feet of 4" thick colored concrete paving with reinforcement & scoring
o Install 42" tall aluminum guardrail
o Install 12" Wide x 6" Deep Edgeband (Underneath Guardrail)

Repairs and Upgrades:

• Filtration System Upgrades: Replace old, outdated filters with two new Pentair Clean and Clear filters, which will decrease the cost of cartridge replacements and decrease employee labor hours for maintenance spent inside the underground vault.

• Plumbing System Upgrades: Install six new 6" motorized isolation valves to prevent pump prime loss during motor shutdown for maintenance and scheduled automated remote start and stop run times.

• Automation System Upgrades: Install one new automated time controller for remote operation to have control of fountain pump motors with preset scheduled on / off run times.

• Automated Chlorin e Injection System: Install one new Pulsar P -30 automated chloring injection system to maintain proper water chemistry.

• Automated Pump Motor Controller: Install one new automated pump controller to remotely control and monitor pumps and fountain hours of operation.

• Electrical System U pgrades: Shunt Trip Breaker: Install one new Shunt Trip Breaker to shut off power to pump motors and deenergize electrical components inside the vault, to prevent employee injuries and equipment damage during flooding or fire events.

• Vault Component Orga nizing: Organize existing electrical wiring, remove unused wires and electrical panels from vault. Paint plumbing and walls.

Install new pool equipment identification labels.

• Contractor Mobilization, Bonding & Permitting

All the work being authorized is consistent with the direction provided by Council during the September 27 discussion.

FISCAL IMPACT:

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In the current biennial budget’s first year, staff included $150K to address potential issues, whether for the Facilities Master Plan Phase II OR for repairs and modifications to the Fountain of Life. Note – This estimated cost of $150,000 includes a 12% contingency.

FIVE-YEAR STRATEGIC PLAN:

Goal B: Community Investment

Action B-7: Maximize the use of existing resources to include underutilized parks.

ATTACHMENTS:
2023.08.22 01 - Fountain of Life Conceptual Diagram
Fountain of Life Fountain Upgrades and Vault Repairs Project Details and Costs

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Attachment: 2023.08.22 01 - Fountain of Life Conceptual Diagram (3959 : Gregory S. Pettis Fountain of Life Repair and Upgrade) Estimated Construction Cost
Site Preparations
Construction Fencing 100 If $900.00 $900.00
Demolition Grading, Drainage & Utilities
Remove approximately 800 square feet of existing concrete paving 800 sf $ 2.00 $ 1,600.00 Remove approximately 2,800 square feet of existing rubber surfacing 2,800 sf $ 2.25 $ 6,300.00 Rough, fine grade and compact approximately 3,000 square feet 3,000 sf $ 2.00 $ 6,000.00 Construction Items
Install approximately 3,000 square feet of 4" thick colored concrete paving with reinforcement & scoring 3,000 sf $ 15.00 $ 45,000.00 Install 42" tall aluminum guardrail 126 sf $ 150.00 $ 18,900.00 Install 12" Wide x 6" Deep Edgeband (Underneath Guardrail) 126 sf $ 45.00 $ 5,670.00 Estimated Total $83,470.00
Recommended Repairs and Upgrades UNIT UNIT

COST ESTIMATE
Filtration System Upgrades
Replace old, outdated filters with two new Pentair Clean and Clear filters, which will decrease the cost of cartridge replacements, decrease employee labor hours spent inside the underground vault for maintenance. Estimated cost including installation.
2 6,000.00$ 12,000.00$
Plumbing System Upgrades
Install six new 6" motorized isolation valves to prevent pump prime loss during motor shutdown for maintenance and scheduled automated remote start and stop run times. Estimated cost including installation.
6 $1,200.00 7,200.00$
Automation System Upgrades
Install one new automated time controller for remote operation to have control of fountain pump motors with preset scheduled on /off run times. Estimated cost including installation. 1 5,500.00$ 5,500.00$ Automated Chloring Injection System
Install one new Pulsar P-30 Automated chloring injection system to maintain proper water chemistry.

Estimated cost including installation. 1 8,500.00$ 8,500.00$ Automated Pump Motor Controller
Install one new automated pump controller to remotely control and monitor pumps and fountain hours of operation. Estimated cost including installation. 1 2,500.00$ 2,500.00$ Electrical System Upgrades
Shunt Trip Breaker: Install one new Shunt Trip Breaker to shut off power to pump motors and deenergize electrical components inside the vault, to prevent employee injuries and equipment damage during flooding or fire events. Estimated cost including installation. 1 2,500.00$ 2,500.00$
Vault Component Organizing
Organize existing electrical wiring, remove unused wires and electrical panels from vault. Paint plumbing and walls. Install new pool equipment identification labels. 1 2,500.00$ 2,500.00$ Estimated Total 40,700.00$
Contractor Mobilization, Bonding & Permit Cost
Contractor Bonding, General Conditions, Mobilization, Project Management - 6% 6% $7,450.00 Construction Survey, Permit, Security - 2% 2% $2,380.00 Subtotal - Estimated Construction, Repairs, Upgrades & Mobilization $134,000.00 Contingencies
Contingencies - 12% 12% $16,000.00
Total Project Cost $150,000.00
Estimated Cost For Fountain Exterior Renovations and Upgrades Estimated Cost For Vault Repairs & Upgrades

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Attachment: Fountain of Life Fountain Upgrades and Vault Repairs Project Details and Costs (3959 : Gregory S. Pettis Fountain of Life Repair

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Staff Report

City Council

Item No. 7.E

Meeting Date: October 25, 2023
From: Kevin Biersack, Financial Services Director
Title: General Fund Year End Review for Fiscal Year (FY) 2022/2023

City Council

RECOMMENDATION:

This item is presented for information, discussion and direction only.

BACKGROUND:

The purpose of this presentation is to update the City Council on the status of the City’s General Fund Year End Balance. The City is closing the year with a $2.5M+ surplus for fiscal year (FY) 2022 /2023. The brings the City’s General Fund “savings account” balance to more than $39 million.

It is essential the City maintain its Fund Balance at a minimum target balance of 33% of budgeted expenditures. The City is ending FY 2022/2023 with a 58% Fund B alance reserve. The budget for the upcoming FY 2023/2024 was planned to retain a 53% Fund Balance reserve; however, the August 20, 2023 Tropical Storm Hilary event and the resulting expenditures provide a current projection of 38% Fund Balance reserve for the upcoming fiscal year. The City’s Forecast for this biennial budget cycle through June 30, 2025 projects an operating deficit and a Fund Balance reserve at 33%, reinforcing the Council’s historical decision to prioritize achieving a minimum Fund Balance reserve and to have a sufficient “savings account”.

DISCUSSION:

In comparing the financial results for FY 2022/2023 to FY 2021/2022, the City recognized revenues totaling $70M+ in FY 2022/2023, representing a 13%+ increase from the previous fiscal year with revenues at $62M+. The following breakdown identifies the changes for the various revenue categories:

ANNUAL REVENUES

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REVENUE CATEGORY FY2022/2023 FY 2021/2022 INCREASE/
(DECREASE)
CANNABIS TAX $3,001,871 $4,508,124 $(1,506,253)
FRANCHISE FEES 2,914,705 2,684,413 230,292
IN-LIEU VEHICLE LICENSE FEE 5,644,072 5,106,648 537,424 PROPERTY TAX 6,371,951 5,413,540 958,411
SALES TAX 13,871,872 14,032,919 (161,047)
TRANSACTIONS & USE TAX 9,706,198 9,711,716 (5,518) TRANSIENT OCCUPANCY TAX 5,413,963 5,312,787 101,176 UTILITY USER’S TAX 3,627,037 3,241,612 385,425
TOTAL TAXES 50,551,669 50,011,759 539,910

LICENSES & PERMITS $3,530,107 $2,959,562 $570,545
SERVICES & FEES 5,439,006 5,510,516 ( 71,510)
CITATIONS 389,501 552,855 (163,354)
INTERGOVERNMENTAL 447,813 309,902 137,911
PROPERTY/INTEREST 766,798 (394,552) 1,161,350 MISC REVENUES/TFRS 1,115,420 1,184,684 (69,264) COVID-19 ASSISTANCE 8,223,261 1,894,706 6,328,555 TOTAL REVENUES $70,463,576 $62,029,432 $8,434,143

EXPENDITURE CATEGORY FY 2022/2023 FY 2021/2022 INCREASE/ (DECREASE)
SALARIES & BENEFITS $40,980,549 $37,341,404 $3,639,145
OPERATIONS 26,934,800 17,889,470 9,045,330
TOTAL EXPENDITURES $67,915,349 $55,230,874 $12,684,475

SURPLUS $ 2,548,227 $ 6,798,558

FISCAL IMPACT:

Even with the improved year-end financial position in the past two fiscal years, the City must continue t o manage expenditures carefully , particularly due to the extraordinary fiscal impacts from Tropical Storm Hilary, which to date, the City Council has approved close to $6 M in expenditures for contract labor and debris removal, above and beyond the original FY 2023/2024 approved budget. It is for these types of extraordinary circumstances the City Council established a General Fund Balance Policy for the City’s “savings account” to have a minimum 33% target to be able to plan for such volatility.

The table below is a snapshot for FY 2022/2023 actuals and the next two years’ projection (the current biennial budget) . This includes the current Tropical Storm Hilary approved costs and items approved by Council since the original budget was adopted in

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May 2023. At the November 8, 2023 City Council meeting, staff will present a variety of options for City Council to consider amendments to the current budget , e.g., increased insurance costs above original budget, CalPERS pension fund obligation payments, etc.

2023
Year End
Results
2024
Original
Budget
2024
Current
Projection
2025
Original
Budget
Beginning GF Balance 35,728,660 39,276,887 39,276,887 29,557,438 Revenues 62,240,315 62,007,499 62,053,539 63,646,766
Expenditures 67,915,349 69,679,551 76,772,988 70,605,394 Operating Surplus / (Deficit) (5,675,034) (7,672,052) (14,719,449) (6,958,628) GF Balance (Available Cash) 30,053,626 31,604,835 24,557,438 22,598,810

ARPA Revenue comprised of: 8,223,261 5,000,000 5,000,000 1,000,000 Rehiring Public Sector Staff 1,385,415 1,000,000 1,000,000 1,000,000 Supplemental Pay 836,963
Revenue Recovery 6,000,884 4,000,000 4,000,000
Surplus / (Deficit) 2,548,227 (2,672,052) (9,719,449) (5,958,628)

Ending GF Balance(Avail. Cash) 39,276,887 36,604,835 29,557,438 23,598,810 33% Fund Balance Reserve Policy 22,412,065 22,994,252 25,335,086 23,299,780 50% Target Fund Balance Policy 33,957,675 34,839,776 38,386,494 35,302,697 Actual Percent Fund Balance
Reserve
58% 53% 38% 33%

FIVE-YEAR STRATEGIC PLAN:

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 i nstituting prudent fiscal policies and transparent financial practices.

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