Cathedral City City Council
October 25, 2023

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, October 25, 2023
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

MAYOR
Rita Lamb

CITY COUNCIL MEMBERS

Mayor Pro Tem
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory

Councilmember
Ernesto Gutierrez
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item n ot on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Pu blic Comment will be limited to three (3) minutes.

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2. LOCAL EMERGENCY UPDATE
A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-33.

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

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

3. COUNCIL REPORTS
This is an oppor tunity for each member of the City Council to report on any conferences they attend, local events or make any other comments they may have.

4. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval

1. City Council - Study Session - Oct 11, 2023 3:00 PM

2. City Council - Regular Meeting - Oct 11, 2023 5:30 PM C. Contract Amendment No. 1 to the Professional Services Agreement with Woodard and Curran for Septic to Sewer Project Planning Grant Recommendation: To approve Amendment No. 1 to the Professional Services Agreement with Woodard and Curran to provide Clean
Water State Revolving Fund Program grant related services updating the submittal of the planning grant for the City’s Septic to Sewer Project to the California State Water
Resource Control Board requirements; and, authorize the City Manager to execute the required Amendment
documents.

D. Award Professional Services Contract to Alliant Consulting Inc. for Labor Compliance and Monitoring Services for the Dream Homes Park City Project C07021
Recommendation: To approve a Professional Services Agreement with Alliant Consulting Inc. in the not-to-exceed amount of $73,160 for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project; and, authorize the City Manager to execute the required contract
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documents.

E. Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal Projects
Recommendation: To approve Amendment No. 1 to the Professional Services Agreements with NAI Consulting, Inc. and with Interwest Consulting Group for On-Call Engineering Support and
Grant Administration Services for State and Federally
Funded Transportation Projects; and, authorize the City Manager to execute the required Amendment documents.

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS

7. LEGISLATIVE ACTIONS
A. Approval of PAC and PACE Funding for Old Gays Book Signing Event Recommendation: Staff recommends that the City Council approve the funding requests from PAC and PACE for the Old Gays Book
Signing and panel discussion event.

B. Approval of the Parks and Community Events Commission (PACE) support of the 2023 Snow-Fest Dog Costume Contest Event Recommendation: To approve $100 from the Parks and Recreation Commission's (PACE) FY 2023-2024 Events Budget to
support the 2023 Snow-Fest Dog Costume Event.

C. Award Professional Services Agreement to David Volz Design for the Downtown Dog Park Design
Recommendation: To approve a Professional Services Agreement with David Volz Design in the not-to-exceed amount of $375,797 to
prepare the plans, specifications and environmental
documents for the Cathedral City Downtown Dog Park; and, approve a ten percent (10%) contingency in the amount of $37,579 for unforeseeable design costs, making the total encumbrance $413,376; and, amend the FY 2023/2024 and
2024/2025 PIP Plan; and, authorize the City Manager to
execute the required contract documents.

D. Gregory S. Pettis Fountain of Life Repair and Upgrade Recommendation: To authorize staff to proceed with the repairs and upgrades to the Gregory S. Pettis Fountain of Life
E. General Fund Year End Review for Fiscal Year (FY) 2022/2023 Recommendation: This item is presented for information, discussion and direction only.

8. DISCUSSION ON FUTURE AGENDA ITEMS
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This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or special City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).

9. CLOSED SESSION

ADJOURN

NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.

If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.

Any documents provided to a majority of the City C ouncil regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.

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Staff Report

City Council

Item No. 2.A

Meeting Date: October 25, 2023
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to Tropical Storm Hilary

City Council

RECOMMENDATION:

Update on Status of Emergency Proclamation, Resolution 2023-33.

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

Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954. 2 by majority vote.

2.A
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CITY COUNCIL

MINUTES

Study Session
Wednesday, October 11, 2023
3:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Pro Tem Mark Carnevale. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Absent
Mark Carnevale Mayor Pro Tem Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
Ernesto Gutierrez Councilmember Present 3:00 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
There were no members of the public that wished to speak.

2. STUDY SESSION
A. Presentation Abode Communities
Recommendation: This is a presentation only. There is no formal action required.

Holly Benson, President Abode Communities, and a team of individuals from Adobe Communities and Riverside University Health System provided an overview of the proposed conversion of the Desert Extended Stay property.

Lee Durlach, Sungate resident, inquired how the property will manage individuals entering and exiting the building.

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Terry Applegate, Cathedral City resident, expressed her support for the project.

Mary Beth Hunt, Sungate resident, expressed her concern about how the property will be managed during off hours.

The Council asked clarifying questions, which were responded to by the team from Abode Communities and Riverside University Health System. This item was for information and discussion only, there was no formal action taken by t he City Council.

Mayor Pro Tem Carnevale announced that the Council will recess until 4:00 p.m. then begin the Special Presentation portion of the agenda.

The City Council recessed at 3:58 p.m.

The City Council reconvened at 4:00 p.m. for the Special Pre sentations listed on the agenda.

3. SPECIAL PRESENTATIONS - 4:00 PM
A. Recognition of Outgoing Commissioners
The City Council presented a certificate of recognition to outgoing Public Arts Commissioner DeeAnn Hopings.

B. Certificates of Recognition Parks and Community Events Commission The City Council presented certificates of recognition to the Parks and Community Events Commissioners for their efforts in bringing the Free Summer Kids Movies program to the Mary Pickford Theater.

2. STUDY SESSION (Continued)
B. Presentation - DeZart Performs
Recommendation: This is a presentation only. There is no formal action required.

Michael Shaw, Artistic Director DeZart, and Eric Chiel, Secretary DeZart, provided an overview of DeZart and their design plans for a new location in Cathedral City.

Galia Brown, Director of Development, invited the Council to attend their upcoming shows and fundraiser event, which will be held on December 5, 2023.

The Council asked clarifying questions, which were responded to b y Mr. Shaw.

This item was for in formation and discussion only, there was no formal action taken by the City Council.

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Minutes Acceptance: Minutes of Oct 11, 2023 3:00 PM (Minutes Approval) Cathedral City Pa ge 3 Printed on 10/19/2023

ADJOURN
Mayor Pro Tem Carnevale adjourned the meeting at 4:33 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Oct 11, 2023 3:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, October 11, 2023
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Pro Tem Mark Carnevale. • PLEDGE OF ALLEGIANCE
Councilmember Ernesto Gutierrez led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Councilmember Raymond Gregory offered a moment of reflection. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Absent
Mark Carnevale Mayor Pro Tem Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
Brad Anderson, Rancho Mirage resident, expressed his concern with the Coachella Valley Mosquito Vector Control District and their area wide treatments. He also expressed his concern with the Coachella Valley Associations of Governments limiting public participation in their meetings.

Louise Porter, U.S. Small Business Administration (SBA) Office of Disaster Recovery and Resilience, provided information on the application process and

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deadline for the disaster loan program, which is available for residents and businesses affected by Tropical Storm Hilary. For those who are not able to apply at the outreach center located at the Cathedral City Library while they are available, can apply online until the deadline of November 21, 2023 for physical damage and June 24, 2023 for economic injury.

David Koslow, Cathedral City resident, expressed his concern with the City's citation and appeal process.

2. EMERGENCY UPDATE
A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-29.

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

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

City Manager McClendon provided an update on emergency actions related to Tropical Storm Hilary. The following points were presented:

• Ongoing city efforts
• Financial impacts
• Financial Assistance Programs
• Mental health assistance

This item was for information and discussion only, there was no formal action taken by the City Council.

B. Resolution Continuing the Proclamation of the Existence of a Local Emergency Due to Tropical Storm Hilary
Recommendation: To approve a Resolution continuing the proclamation of the existence of a local emergency due to Tropical Storm Hilary.

Reso 2023-33

A motion was mad e by Councilmember Gutierrez and seconded by Councilmember Ross to approve a Resolution continuing the proclamation of the existence of a local emergency due to Tropical Storm Hilary.

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Minutes Acceptance: Minutes of Oct 11, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 3 Printed on 10/19/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb

3. COUNCIL REPORTS
Councilmember Nancy Ross shared her thoughts on the recent events in Israel and the importance of how we communicate these events to children.

Councilmember Ernesto Gutierrez reported on the following:

• His meeting with City Manag er McClendon and Assistant City Manager Ambrose to discuss the agenda and city related issues
• His continued communication and support to the Horizon Neighborhood • He discussed the Southern California Edison programs available to help those affected by Tropical Storm Hilary
• The calls he has received from residents related to illegal food vendors • The upcoming Coachella Valley Asso ciations of Governments Conservation Commission meeting
• He congratulated the Police Department for their work with traffic stops

Councilmember Raymond Gregory reported on the following:

• He thanked everyone for their continued work in the Horizon neighborhood • His attendance at the 2023 Mobility Summit
• His attendance at the City Benefits Fair held in the Cathedral City Community Amphitheater
• His attendance at the East Coachella Valley Pride Event • His attendance at the Riverside County Transportation Commission Meeting • His meetings with residents and city staff
• The upcoming Great California ShakeOut

Mayor Pro Tem Mark Carnevale reported on his interactions with residents related to an array of issues.

4. CONSENT AGENDA
A motion was made by Councilmember R oss and seconded by Councilmember Gregory to approve the following Consent Agenda items:

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Minutes Acceptance: Minutes of Oct 11, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 4 Printed on 10/19/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
A. Waive Full Reading of Ordinances on Agenda
M.O. 2023-157
B. Minutes Approval
M.O. 2023-158

1. City Council - Study Session - Sep 27, 2023 3:00 PM

2. City Council - Regular Meeting - Sep 27, 2023 5:30 PM C. Receive and File Payment of Claims and Demands for September 2023 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority receive and file payment of claims and demands in the aggregate sum of $5,975,133.25 for the month of September 2023.

M.O. 2023-159
D. Award Construction Contract to Chrisp Company for ATP Cycle 5 East Palm Canyon Bike Lanes Project
Recommendation: Award a construction contract to Chrisp Company, in the amount of $237,840 for the Active Transportation Program (ATP) Cycle 5 - East Palm Canyon Drive Bike Lanes Project (C08504); and, approve a ten percent (10%) contingency in the amount of $23,784 for unforeseeable construction costs; thereby bringing the total construction budget for this Project to $261,624; authorize the City Manager to execute the
contract documents; and, authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed.

M.O. 2023-160

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS
A. AB 1600 Fee Justification Nexus Study
Recommendation: Adopt Resolution 2023-XX approving the AB 1600 Fee Justification Nexus Study City of Cathedral City Final- September 2023; and update the City's AB 1600

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Minutes Acceptance: Minutes of Oct 11, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 5 Printed on 10/19/2023
development impact fee schedule to reflect the adopted
recommendations. Full implementation of the adopted fees will be effective January 1, 2024.

Stone James, Director of Economic Development, provided an overview on t he recommendation to adopt a resolution approving the AB 1600 Fee Justification Nexus Study and the fee schedule.

Mayor Pro Tem Mar k Carnevale opened the Public Hearing to receive public comments, seeing none, he closed the Public Hearing and returned discussion to the City Council.

Reso 2023-34

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to a dopt a Resolution approving the AB 1600 Fee Justification Nexus Study City of Cathedral City Final -September 2023; a nd update the City's AB 1600 development impact fee schedule to reflect the adopted recommendations. Full implementation of the adopted fees will be effective January 1, 2024.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb

7. LEGISLATIVE ACTIONS
A. Salvation Army/Veterans Village Home Depot Event
Recommendation: To approve the SUP for the Home Depot 365 Foundation beautification event on Oct. 24, 2023, at Salvation Army and Veterans Village.

M.O 2023-161

A motion was made by Councilmember Gutierrez and se conded by Councilmember Ross to approve the SUP for the Home Depot 365 Foundation beautification event on Oct. 24, 2023, at Salvation Army and Veterans Village.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
B. Approval of Public Arts Funding for SCRAP Gallery

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Recommendation: Staff recommends the City Council approve the Public Arts Commission recommendation to fund the S.C.R.A.P Gallery Dia de los Muertos event at the Desert Lawn Cemetery in the amount of $750. This is the Public Arts Commission's first public arts education expenditure for FY 2023/24.

M.O 2023-162

A motion was made by Councilmember Ross and se conded by Councilmember Gregory to approve the Pu blic Arts Commission recommendation to fund the S.C.R.A.P Gallery Dia de los Muertos event at the Desert Lawn Cemetery in the amount of $750.

RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
C. Authorization to purchase one Rosenbauer Commander Pumper and one Rosenbauer Commander 109-foot Viper Aerial Quint
Recommendation: To authorize staff to purchase two pieces of equipment.

The fire department requests authorization to purchase one Rosenbauer fire truck and one Rosenbauer fire engine to include equipment. Additionally, both units will come
equipped with PSEC-compatible radios to be installed
locally.

M.O 2023-163

A motion was made by Councilmember Ross and seconded by Councilmember Gregory to authorize the purchase of one Rosenbauer fire truck and one Rosenbauer fire engine to include equipment in the amount of $3 ,301,399.00 to be paid for out of the Equipment Replacement fund.

RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
D. Award Construction Contract to Urban Habitat for the Construction of Dream Homes Park Perimeter Wall, City Project No. 7021, Bid No. 23-10E Recommendation: Award a construction contract to Urban Habitat, in the amount of $795,750.73 for the construction of Dream Homes Park Perimeter Wall Project (C07021); and, approve a
fifteen percent (15%) contingency in the amount of

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$119,362.61 for any unforeseeable construction costs,
thereby, bringing the total construction budget for this Project to $915,113.34; authorize the City Manager to
execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed.

M.O 2023-164

A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to award a construction contract to Urban Habitat, in the amount of $795,750.73 for the construction of Dream Homes Park Perimeter Wall Project (C07021); and, approve a fifteen percent (15%) contingency in the amount of $119,362.6 1 for any unforeseeable construction costs, thereby, bringing the total construction budg et for this Project to $915,113.34; authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insura nce for the Project and issue the Notice to Proceed.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
E. Approve a Policy for City Baseball/Softball Fields Reservation Applications and the Respective Fees Policy Manual for
Baseball/Softball Field Reservations
Recommendation: To approve the Baseball/Softball Field Reservation Application Form and respective Fees and Policy Manual to implement the reservation process for the use of the City's baseball/softball fields and concession stands; and, to adopt a Resolution approving the fee structure for the reservation of the City's baseball/softball fields and concession stands.

Terry Applegate, Cathedral City resident, feels that the proposed fees are excessive.

M.O. 2023-165
Reso 2023-35

A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to app rove the Baseball/Softball Field Reserv ation Application Form and respective Fees and Policy Manual to implement the reservation process for the use of the City's baseball/softball fields and concession stands; and, to adopt a Resolution approving the fee structure for the reservation of the City's baseball/softball fields and concession stands.

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Minutes Acceptance: Minutes of Oct 11, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 8 Printed on 10/19/2023
RESULT: APPROVED [3 TO 1]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Mark Carnevale, Raymond Gregory, Ernesto Gutierrez NAYS: Nancy Ross
ABSENT: Rita Lamb

8. DISCUSSION ON FUTURE AGENDA ITEMS

ADJOURN
Mayor Pro Tem Carnevale adjourned the regular meeting at 7:09 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Oct 11, 2023 5:30 PM (Minutes Approval)

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Staff Report

City Council

Item No. 4.C

Meeting Date: October 25, 2023
From: John Corella, Director of Engineering/Public Works Title: Contract Amendment No. 1 to the Professional Services Agreement with Woodard and Curran for Septic to Sewer
Project Planning Grant

City Council

RECOMMENDATION:

To approve Amendment No. 1 to the Professional Services Agreement with Woodard and Curran to provide Clean Water State Revolving Fund Program grant related services updating the submittal of the planning gr ant for the City’s Septic to Sewer Project to the California State Water Resource Control Board requirements; and, authorize the City Manager to execute the required Amendment documents.

BACKGROUND:

The Clean Water State Revolving Fund (CWSRF) Program o ffers low-cost financing for a wide variety of water quality projects, including septic to sewer conversion projects.

This program has significant financial assets and is capable of financing projects up to $100,000,000.

On February 9, 2022, the City Cou ncil approved an Agreement (Agreement) with Woodard and Curran (Consultant) to provide Clean Water Revolving Fund Program grant related services required to submit a planning grant for the City’s Septic to Sewer Project.

The grant application was submitte d to the State Regional Water Control Board (SRWCB) on September 14, 2022. There have been monthly meetings between City Staff, Consultant, and the SWRCB to correct and/or modify the application to meet SWRCB requirements. The SWRCB review process is on -going and went beyond the terms of the Agreement between the City and the Consultant. The latest revised application was submitted in September 2023.

DISCUSSION:

The current Agreement was executed on February 10, 2022, and expired on November 10, 2022. The Consultant prepared and submitted the grant application for the Project,

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which includes the general, technical, and financial package, on September 14, 2022, to the SWRCB.

The Project has been delayed due to the SWRCB review process. The completion o f this review depends on the SWRCB's schedule and projects prioritization. The Consultant has maintained consistent communication with the City and SWRCB, held monthly check-in meetings, and addressed all comments from the SWRCB in a timely manner. The fun ding agreement for the Planning Grant was proposed to be executed by October 2023. The SWRCB informed the City and Consultant that award of the funding agreement could take as long as April 2024. Therefore, the Agreement between the City and Consultant req uires an amendment increasing the original term of the Agreement and additional funds to complete the application phase of the Project.

The Amendment No. 1 (Amendment), attached to this Staff Report, is retroactive to November 10, 2022, and provides for an increase in the term of the Agreement for nineteen (19) months for a total of twenty -six (26) months to allow SWRCB to complete their review of the City’s Clean Water State Revolving Fund Application until the funding agreement is awarded. The expiratio n date, as set forth in Section 1 of this Agreement, is proposed to be extended to June 30, 2024. Amendment No. 1 also proposes to increase the overall budget by $6,700, bringing the total not -to-exceed contract amount to $42,080.

City Staff requests th e City Council approve Amendment No. 1 to the Professional Services Agreement with Woodard and Curran to provide Clean Water State Revolving Fund Program grant related services updating the submittal of the planning grant for the City’s Septic to Sewer Pro ject to the California State Water Resource Control Board requirements; and, authorize the City Manager to execute the required Amendment documents

FISCAL IMPACT:

This Amendment No. 1 to the Professional Services Agreement with Woodard and Curran will mo dify Section 4 “Compensation and Method of Payment” to increase the overall budget by $6,700, bringing the total not-to-exceed contract amount to $42,080.

This increase will come from the City’s FY 2023/24 existing budget for Engineering and Professional and Technical Services, account 100-100-150-156-8600-8601.

Please note: The expenditures on this Agreement will be 100% reimbursed through the awarded Planning Grant.

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT

Objective: Cathedral City r oads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

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ATTACHMENTS:

Woodard and Curran Amendment No. 1 Request
Professional Services Agreement with Woodard and Curran Woodard and Curran Amendment No. 1

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801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701

Via Electronic Mail

September 28, 2023

Armando Baldizzone
City Engineer, Public Works
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Re: Request for Amendment to CWSRF Septic -to-Sewer Planning Grant Application Contract

Dear Mr. Baldizzone:

Woodard & Curran is submitting this amendment request to continue to provide support to the City of Cathedral City (City) for the Septic -to-Sewer Clean Water State Revolving Fund (CWSRF) planning grant application. Woodard & Curran and the City executed an agreement for professional services for the planning grant application on February 10, 2022 . Woodard & Curran began work following notice to proceed and submitted the planning grant application to the State Water Resources Control Board (SWRCB) on September 14, 2022. The application is currently under review by SWRCB and coordination is ongoing . While planning grant agreement execution between SWRCB and the City was initially estimated for October 2023, the application submittal and SWRCB review process has taken longer than initially anticipated.

The most recent estimate provided by the SWRCB for agreement execution is as late as April 2024 thus requiring an extension through June 2024 and budget increase of $6,700 to cover the work remaining for the City to receive a grant agreement. This will bring the contract total to a fee not to exceed $42,080. The additional scope of work is detailed below.

SCOPE OF SERVICES
Task 1: CWSRF Planning Grant Application
The CWSRF planning grant application is currently under review by the SWRCB. The SWRCB has a number of reviewers that need to approve of the materials, which include the application package and the SWRCB Planning Design and Funding checklists. Once those are all approved, an agreement will be routed for review and signature . Woodard & Curran will continue to coordinate with the City and the SWRCB on any revisions or additional materials necessary to move the application forward in this process. Woodard & Curran will provide revised materials or responses to comments to the City for review and then submit to the SWRCB.

Monthly check-in meetings will be held when the SWRCB has relevant updates or comments through agreement execution, which is estimated to be April 2024.

Assumptions:

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Attachment: Woodard and Curran Amendment No. 1 Request (3942 : Contract Amendment No. 1 to the Professional Services Agreement with

City of Cathedral City 2 Woodard & Curran, Inc.

Septic-to-Sewer Amendment Request September 28, 2023
- The scope does not include grant administration support following execution of the planning grant agreement . Woodard & Curran can provide grant administration including preparation of disbursement requests and quarterly progress reports for the project under a separate scope and budget if requested. - SWRCB additional comments on the planning grant application will be minimal. - There will be no more than five conference calls with SWRCB and the City.

SCHEDULE
Woodard & Curran will continue work with the City while the amendment is being processed.

Woodard & Curran is requesting an extension through June 30, 2024.

BUDGET
The City’s budget will increase by $10,000 as there is a total of roughly $3,200 of Woodard & Curran invoices that have been submitted and not yet paid (invoices dated August 2 1, 2023 and September 21, 2023). The overall budget for the contract will increase by $6,700 to cover the remaining work needed to receive a grant agreement, bringing the total fee not to exceed $42,080. Woodard & Curran will bill the City on a time and materials basis.

We greatly appreciate the opportunity to continue working with the City on its funding goals.

Please feel free to call me at (914) 513 -2212 if you have any questions regarding this amendment proposal.

Sincerely,

Lindsey Wilcox
Project Manager
Associate Principal

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Attachment: Woodard and Curran Amendment No. 1 Request (3942 : Contract Amendment No. 1 to the Professional Services Agreement with e- mo

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY
AND

WOODARD & CURRAN,
INC. TO PROVIDE

SEPTIC TO SEWER PROJECT PLANNING GRANT

AND RELATED SERVICES
This Agreement for Professional Services (" Agreement") is entered into as of February 10, 2022 (" Effective Date") by and between the City of Cathedral City, a municipal corporation (" City") and Woodard & Curran, Inc. a Maine Corporation (" Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the " Parties."

RECITALS
A. City has sought by direct negotiation, the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a letter 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. Pursuant to the City of Cathedral City' s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

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

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

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 19 " Termination of Agreement" of this Agreement, the Term of this Agreement is for 9 months commencing on the Effective Date.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Service Provider 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 Service Provider 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 Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider r s hall not be compensatedany for work rendered in connectiono 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) to anylimitations set forth in this Agreement, Cityagrees to paySubject 9 9 p Y Service Provider the amounts specified in Exhibit " B" " Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Five Thousand Three Hundred Eighty Dollars 35, 380), unless additional compensation is approved in writing in accordance with Section 25 " Administration and Implementation" or Section 27 " Amendment" of this Agreement.
b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor ( by sub- category), travel, materials, equipment, supplies, and sub- Service Provider contracts. Sub- Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection ( a) and Exhibit " B" include payment of labor on an hourly basis ( as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider 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 Service Provider for correction and resubmission.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice.
d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider'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 Service Provider'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 Service Provider 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 Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider 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 Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider' s guarantees and warranties in Section 9 " Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 7. SERVICE PROVIDER' S BOOKS AND RECORDS.
a) Service Provider shall maintain any and all documents and records demonstratingor relatingto Service Provider's performanceof the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, 3 4.C.b
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services 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 Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three ( 3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider' s address indicated for receipt of notices in this Agreement.
c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider' 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) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider' 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 Service Provider or any of Service Provider' s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider' s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
c) Neither Service Provider, nor any of Service Provider' s officers, employees or anyrightsagents, shall obtainto retirement, health care or anyother benefits which9 9 may otherwise accrue to City' s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider 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, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit " A" " Scope of Work" that shall also be applicable to Service Provider' s 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) Service Provider warrants that ( 1) it has thoroughly investigated and considered the work to be performed, ( 2) it has investigated the issues, regarding the scope of services to be provided, ( 3) it has carefully considered how the work should be performed, and ( 4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

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

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider 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 Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers 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.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services Service Provider 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,sical disabilit , 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) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire anyinterest, directlyor indirectly, which would conflict in anyq Y manner with the interests of City or which would in any way hinder Service Provider' s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City 9Manager. Service Provider agrees to at all times avoid conflicts of interest or the9 appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk' s Office pursuant to the written instructions provided by the Office of the City Clerk within ten ( 10) days of the request. c) City understands and acknowledges that Service Provider 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. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. d) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services b) Service Provider, 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 Service Provider gives City notice of such court order or subpoena.
c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney' s fees, caused by or incurred as a result of Service Provider' s conduct.
d) Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. 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 for Professional Liability. Where the law establishes a professional standard of care for Service Provider' s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney' s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider, in the performance of professional services under this Agreement.
b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability ( including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory 7 4.C.b
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider. c) Indemnification from Sub- Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782. 8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term design professional," as defined in Section 2782. 8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. e) City' s Negligence. The provisions of this section do not apply to claims occurring as a result of City' s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

Service Provider 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. Service Provider agrees to provide City with copies of required policies upon request.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services SECTION 17. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider' 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 Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider' 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 Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress.

Service Provider mayterminate this Agreement for cause at anytime uponb) 9 P thirty (30) days written notice of termination to City. c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider's possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, 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 Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider 9 4.C.b
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider 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 Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. 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 carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. 10 4.C.b
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services 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 Service Provider: Woodard and Curran
Attn: Rosalyn Prickett, AICP
9665 Chesapeake Drive, # 320
San Diego, CA 92123
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three ( 3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/ she/ they has/ have the authority to so execute this Agreement and to bind Service Provider 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 Service Provider and by the City. The City Manager shall II

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager' s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider 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 Riverside, California. In the event of litigation in a U. S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits " A" through " C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider 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 l2

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services 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 Woodard & Curran, Inc.

A
l
yKe Zvi Cot- LI/ 14- o- y'a+ 4-
Charles P. McClendon By: Rosalyn Prickett, AICP
City Manager Its: Principal
ATTEST: SI. t) r1td H Cc11(Ntt, e 1ctr
By: Lindsey Wilcox, PE
Its: Associate Principal
r' A\ _ A ! T _ t,
racey R. at- osi o, CMC
City Clerk

APPROVED AS TO FORM
Eric S. Vail
City Attorney
NOTE: SERVICE PROVIDER' 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 SERVICE
PROVIDER' S BUSINESS ENTITY.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services 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 Woodard & Curran, Inc.
5i. SKCd ILA CUU, Vtfo- I
Charles P. McClendon By ' •\. a yn Prickett, AICP
City Manager Its: Principal
J
ATTEST: G C/
By: Erica Wolski, PE
Its: Principal
Si h + to Cei l4 fLr boa 1-
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM
S151k€ d i H Got ui fer 10A.
4-
Eric S. Vail
NOTE: SERVICE PROVIDER' 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 SERVICE
PROVIDER' S BUSINESS ENTITY.
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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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.

State of California
County of San Diego
On I Y t ( 1. 1./ I g before me, Athena Wolfe, Notary Public Date
I t _
Here Insert Name and Title of the Officer
personally appeared 50.` t Pct c ke_ 1 — C. A Wb Sri
I Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person whose name( is9
subscrib-- o the within instrum t and acknowledged t me that he she/ the same I his/ her( . uthorized capacity es and that b his/ her/ signature( s) JDn the instrument the personsor the en ity upon behalf of whit the perso s) acted, executed the ins rument.

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

ATHENA WOLFS WITNESS my hand and official seal.

CommissionNo.2319860Z
ii:', y9• NOTARY PUBLIC-. CALIFORNIAa
SAN DIEGO COUNTY Signature mt.

CommissionExpiresFebruary22,2024 ignatu : • votary Public Place Notary Seal Above

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

Description of Attached Doc
menti C
Title or Type of Docume S - QrO c6 Document Date: 1o Irck 5 Number of Pages: ', S ner( s) Other Than Named Above: Nd/ L.

Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:

Corporate Officer — Title( s): i Corporate Officer — Title • Partner — Limited z eneral Partner — Limi :: General Individual Attorney in Fact Individual El Attorney in Fact Trustee LI Guardian or Conservator Trust-- LI Guardian or Conservator O • - : s er:
ner Is Representing: Signer Is Representing:
2014 National Notary Association • www. NationalNotary.org • 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services EXHIBIT " A"

SCOPE OF SERVICES
I. Service Provider will perform the following Services attached:

A- 1

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services

SCOPE OF SERVICES
Task 1: CWSRF Planning Grant Application
Woodard& Curranwill preparetheCWSRFplanningapplicationfor CathedralCity' sseptic-to-sewer WOO DA R D project.Theapplicationconsistsprimarilyof aformandattachmentstotheform( seeExhibitB). Cathedral C U R R A N City will be responsible for adopting necessary resolutions; Woodard& Curran will prepare the draft resolutions based on SWRCB' s guidance foruse by the city. Woodard& Curran, in coordination with the city, will draftthePlanof Studyattachmentbasedontheguidanceprovidedby SWRCB.Itis anticipated the Plan of Study will include the following sections:
1) Overview 2. 6 Project Area Onsite Wastewater
2) System Information Treatment Systems

2. 1 General 3) Project Information

2. 2 Collection System 3. 1 Project Details

2. 3 System Map 3. 2 Scope of Work

2. 4 Treatment Facilities 3. 3 Budget

2. 5 Treatment FacilityMap 3. 4 Schedule
After review by the city, Woodard& Curran will prepare the final Plan of Study. Woodard& Curran will completethedraft form anddraftattachmentswith theuseof existingdocuments.If information isnot available in the existing documents, Woodard& Curranwill prepareadatarequestandthecity will provide the requested information needed in order to prepare the packages. Woodard& Curran will prepare draft materials to be reviewed by the city. Based on comments from the city, Woodard& Curran will fmalize the materials and submit them to SWRCB via its online submittal system, FAAST. Woodard Curranwill participateonuptothreeconferencecalls(1houreach)with thecity andSWRCBtodiscuss the application and subsequentfunding agreement.

Woodard& Curranwill completemonthlyinvoicing andprogressreporting.To ensureprogressonthe application, Woodard& Curranwill participateinbi-weeklycheck-incallswith citystaffduringapplication preparation, submittal, and review( assumes a total of 16 calls).

Task 1 Deliverables:
0 Draft andFinal CWSRF planning application andassociatedattachments

ASSUMPTIONS
Woodard& Curranhasmadethe following assumptionsrelatedto project completion. 0 CathedralCity will beresponsiblefor passingnecessaryresolutions(e.g.,Authorizing Resolution).
0 CathedralCity will beresponsiblefor signing certifications andforms, asnecessary. 0 Cathedral City will provide Woodard& Curranwith necessaryinformation,data,and documentsneededtopreparetheapplicationandrequiredfor submittal(e.g.3yearsof audited financial statements).
0 Woodard& Curranwill providesupportbeginningwith applicationpreparationandsubmittal, followedby coordinationwith CathedralCity andSWRCBuntil thefundingagreementis executed.It isassumedthiswill takeapproximatelyninemonths.Ifit takeslonger,additional Cathedral City 2 Woodard& Curran
CWSRF Septic- to- Sewer Planning Grant Application November 22, 2021

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services projectmanagement,coordination,andconferencecallswouldberequired,possiblyresulting in additional required budget.

SCHEDULE
Woodard& Curranwill beginpreparingtheCWSRFapplicationimmediatelyfollowing theNoticeto

WOODARD
Proceed( NTP). The estimated schedule for the application is shownbelow. Coordination with SWRCB CURRAN andCathedralCity wouldgobeyondweek10;Woodard& CurranwouldprovideassistancetoCathedral City until thefunding agreementis executed.It is assumedthis couldtakeup to sixmonthsfor atotal contractduration of approximatelyninemonths.

Cathedral City Issues NTP; Conduct
7 7
Kickoff ConferenceCall& Bi-weekly
Check- in Calls 1111
W& C Prepares& Sends Data Request
Cathedral City Provides RequestedInformation
W& C Prepares Draft Application Materials
CathedralCity ReviewsDraft Application
Materials
W& C Revises Application Materials
W& C Submits Application Materials via FAAST
W& C Coordinateswith CathedralCity&
SWRCB
BUDGET
Woodard& Curranproposesto provide CathedralCity with funding supportfor its septic-to-sewer CWSRFplanning grantapplicationdescribedhereinfor a feenot to exceed$35,380,tobebilled on a time andmaterialsbasis.A proposedfeeestimateis attachedasExhibit A. Thecity canbereimbursed by SWRCBforthecosttopreparetheapplicationoncetheplanninggrantfundingagreementisexecuted.

We greatly appreciatethis opportunity to offer our funding supportservices. Pleasefeel freeto call Rosalynat(858)875-7420or Lindseyat(914)513-2212if youhaveanyquestionsregardingthisproposal or require any furtherinformation.

Sincerely,

WOODARD& CURRAN
it,„ 47t7f--
ei,
444.,)

LA)ACAN,
RosalynPrickett, AICP Lindsey Wilcox, P.E.( NY)
Senior Water Resources Planner Water Resources Engineer Principal Associate Principal
Attachments:

Exhibit A: Fee Estimate
U Exhibit B: List of CWSRFPlanningGrantApplication Attachments Cathedral City 2 Woodard& Curran
CWSRF Septic- to- Sewer Planning Grant Application November 22, 2021

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services EXHIBIT " B"

COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services as attached.

B- 1

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services Allik EXHIBIT A

WOODARD
CURRAN Fee Estimate
Cathedral City 11/ 18/ 2021
Septic- to- Sewer Planning Grant Application
Tasks Labor Dotal
Rosalyn Lindsey Jen
Prickett Wilcox
Ryan Hirano
Sindermant
Yal Hours
I Mill Lelt Uldl
Principal in Project Project Project Costs(
111:

Fee
Charge Manager Planner Assistant
298 281 198 116
Task 1: CWSRF Planning Grant Application
Draft Application 1 40 60 101 23, 418 23, 418
Final Application 1 8 16 25 5, 714 5, 714
Project Management/ Bi- Weekly Calls( 16)/ SWRCB Calls( 3) 2 12 8 6 28 6, 248 6, 248 Subtotal Task 1: 4 60 84 6 154 35, 380 35, 380
TOTAL 4 60 84 6 154 35, 380 35, 380

1. The individual hourly rates include salary, overhead and profit.

2. W& C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts.

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment EXHIBIT " C"

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

Only the following " marked" requirements are applicable:

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

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

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

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

C- 1

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider' s profession in an amount not less than one million dollars 1,000, 000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three ( 3) consecutive years following the completion of Service Provider' s services or the termination of this Agreement. During this additional three ( 3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

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

1. All Coverages.
a Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A. M.

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

2. Commercial General Liability and Automobile Liability Coverages. a City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. 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- 2

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services c, Service Provider' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

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

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

1. Service Provider shall furnish certificates and endorsements from each subcontractor identical to those Service Provider provides.

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

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

C- 3

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services 141 WOOD& CU- 01 ABERCH

ACC) RO

CERTIFICATE OF LIABILITY INSURANCE

DATED/ YYYY)
3/ 9/ 23/ 9/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statementon this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER

CONTACT
Ames& Gough
NA" M"E` (
617) 328- 6555
r"" (
617) 328- 6888
859 Willard Street
A/ C, No, Eat): A/ C, No):

Suite 320 ADDRESS:

IL
rostoncamesgougn.com
Quincy, MA 02169
1 INSURER( S) AFFORDING COVERAGE NAIL#
INSURERA: Continental Casualty Company( CNA) A, XV 20443 INSURED INSURER B: Continental Insurance Company A( XV) 35289 Woodard& Curran, Inc. INSURER C: National Fire Insurance Company of Hartford A( XV) 20478 41 Hutchins Drive INSURERD:

Portland, ME 04102

INSURER E
INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INR ADDL

TYPE OF INSURANCE NWSD SVD POLICY NUMBER MM/

DDNYY EFF POLICY EXP

YYY) ( MM/ DDIYYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1, 000, 000 CLAIMS- MADE X cDCUR 6014561812 2/ 23/ 2021 2/23/2022 PREMISESTORENTEDcnce) $ 500, 000 MED EXP( Any one person) $ 15, 000
PERSONAL& ADV INJURY $ 1, 000, 000
GE ' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY X JECT POC PRODUCTS- COMP/ OP AGG $ 2, 000, 000 OTHER:

A AUTOMOBILE LIABILITY

UOMBINEU SINGLE LIMI I
1, 000, 000Ea accident)
1 X ANY AUTO 6014561843 2/ 23/ 2021 2/ 23/ 2022 BODILY INJURY( Per person) $

OWNED SCHEDULED
AUTOS ONLY _ AUTOS BODILY INJURY( Per accident) $
HIREDpyy PROPER FY DAMAGE
TS ONLY ATOSONLY Per accident)
B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1, 000, 000
EXCESS LIAB CLAIMS- MADE 6014561826 2/ 23/ 2021 2/ 23/ 2022 AGGREGATE 1, 000, 000 DED X RETENTION$ 0

C WORKERS COMPENSATION X

AND EMPLOYERS' LIABILITY
STATUTE Ill-ER
WC712170797 2/ 23/ 2021 2/ 23/ 2022 1, 000, 000ANY PROPRIETOR/ PARTNER/ EXECUTIVE in
E. L. EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED? N/ A
Mandatory in NH)
i E. L. DISEASE- EA EMPLOYEE $ 1, 000, 000
H es, descrbe under
1, 000, 000DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ A Professional Liab 1114135520 2/ 23/ 2021 2/ 23/ 2022 Per Claim/ Aggregate 1, 000, 000 A Pollution Liab 114135520 2/ 23/ 2021 2/ 23/ 2022 Per Claim/ Aggregate 1, 000, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) If Al box is checked, GL Endorsement Form# CNA75079XX, Auto Endt Form# SCA23500D to the extent provided therein applies and all coverages are in accordance with the policy terms and conditions.

Drone Coverage is included under the General Liability Policy# 6014561812 with$ 1M per occ/$ 2M agg and coverage flows up to Umbrella.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Sample Certificate ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

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Attachment: Professional Services Agreement with Woodard and Curran (3942 : Contract Amendment No. 1 to the Professional Services AMENDMENT NO. 1
TO THE

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
WOODARD AND CURRAN, INC.

TO PROVIDE SEPTIC TO SEWER PROJECT PLANNING

GRANT AND RELATED SERVICES

In accordance with the “Agreement for Professional Services” dated February 10, 2022, (referred to as the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and Woodard and Curran, Inc., a California corporation (“Consultant”), and in accordance with Section 39 of the Agreement, entitled, “Amendments”, this Amendment Number One (1) to the Agreement is made and entered into this 11 th day of
October 2023, (“Effective Date”).

RECITALS

A. Consultant currently provides the City with professional planning grant and related services associated with the State Water Revolving Fund Program and the City’s Septic to Sewer Project, pursuant to the Agreement dated February 10, 2022.

B. City and Cons ultant desire to amend the Agreement as per Section 1 “Term of Agreement”, to extend the contract term for an increase in the term of the agreement for nineteen (19) months for a total of twenty -six (26) months. The termination date will be June 30, 2024

C. City and Consultant desire to amend the Agreement as per Section 4 “Compensation and Method of Payment”, to provide additional compensation in the sum of Six Thousand and Seven Hundred Dollars ($6,700), for said work.

D. Consultant is qualified and agrees to provide the services pursuant to the terms of this Amendment No. 1 to the Agreement and the City agrees to the amendments contained herein.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. The agreement termination date as set forth in the Agreement is hereby amended such that it shall expire at the end of business day on June 30, 2024.

Section 2. For the extension of time under this Amendment No. 1, the City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for said extension in the sum of Six Thousand and Seven Hundred Dollars ($6,700). In no event shall the compensation under the Agreement and this Amendment No. 1 exceed Forty -

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Attachment: Woodard and Curran Amendment No. 1 (3942 : Contract Amendment No. 1 to the Professional Services Agreement with Woodard Two Thousand and Eighty Dollars ($42,080). The method of payment for the contract extension under this Amendment No. 1 shall be paid on a time and materials basis.

Section 3. Except as specifically amended by this Amendment No. 1 , the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.

SUMMARY:

Amendment No. 1 extends the contract end date to June 30, 2024 and brings the contract total not-to-exceed amount to $42,080, as per request Exhibit A.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.

CITY OF CATHEDRAL CITY WOODARD AND CURRAN

By: Charles P. McClendon By: Rosalyn Prickett, AICP
City Manager Principal

ATTEST:

By: Tracey R. Hermosillo, CMC By: Erica Wolski, PE
City Clerk Principal

By: Eric S. Vail
City Attorney

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Attachment: Woodard and Curran Amendment No. 1 (3942 : Contract Amendment No. 1 to the Professional Services Agreement with Woodard

EXHIBIT “A”
Amendment No. 1 Request

Justification for the time extension in Amendment No. 1 is described in the attached letter dated September 28, 2023.

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Attachment: Woodard and Curran Amendment No. 1 (3942 : Contract Amendment No. 1 to the Professional Services Agreement with Woodard

801 T Street
Sacramento California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701

Via Electronic Mail

September 28, 2023

Armando Baldizzone
City Engineer, Public Works
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Re: Request for Amendment to CWSRF Septic -to-Sewer Planning Grant Application Contract

Dear Mr. Baldizzone:

Woodard & Curran is submitting this amendment request to continue to provide support to the City of Cathedral City (City) for the Septic -to-Sewer Clean Water State Revolving Fund (CWSRF) planning grant application. Woodard & Curran and the City executed an agreement for professional services for the planning grant application on February 10, 2022 . Woodard & Curran began work following notice to proceed and submitted the planning grant application to the State Water Resources Control Board (SWRCB) on September 14, 2022. The application is currently under review by SWRCB and coordination is ongoing . While planning grant agreement execution between SWRCB and the City was initially estimated for October 2023, the application submittal and SWRCB review process has taken longer than initially anticipated.

The most recent estimate provided by the SWRCB for agreement execution is as late as April 2024 thus requiring an extension through June 2024 and budget increase of $6,700 to cover the work remaining for the City to receive a grant agreement. This will bring the contract total to a fee not to exceed $42,080. The additional scope of work is detailed below.

SCOPE OF SERVICES
Task 1: CWSRF Planning Grant Application
The CWSRF planning grant application is currently under review by the SWRCB. The SWRCB has a number of reviewers that need to approve of the materials, which include the application package and the SWRCB Planning Design and Funding checklists. Once those are all approved, an agreement will be routed for review and signature . Woodard & Curran will continue to coordinate with the City and the SWRCB on any revisions or additional materials necessary to move the application forward in this process. Woodard & Curran will provide revised materials or responses to comments to the City for review and then submit to the SWRCB.

Monthly check-in meetings will be held when the SWRCB has relevant updates or comments through agreement execution, which is estimated to be April 2024.

Assumptions:

Exhibit A

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Attachment: Woodard and Curran Amendment No. 1 (3942 : Contract Amendment No. 1 to the Professional Services Agreement with Woodard

City of Cathedral City 2 Woodard & Curran, Inc.

Septic-to-Sewer Amendment Request September 28, 2023
- The scope does not include grant administration support following execution of the planning grant agreement . Woodard & Curran can provide grant administration including preparation of disbursement requests and quarterly progress reports for the project under a separate scope and budget if requested. - SWRCB additional comments on the planning grant application will be minimal. - There will be no more than five conference calls with SWRCB and the City.

SCHEDULE
Woodard & Curran will continue work with the City while the amendment is being processed.

Woodard & Curran is requesting an extension through June 30, 2024.

BUDGET
The City’s budget will increase by $10,000 as there is a total of roughly $3,200 of Woodard & Curran invoices that have been submitted and not yet paid (invoices dated August 2 1, 2023 and September 21, 2023). The overall budget for the contract will increase by $6,700 to cover the remaining work needed to receive a grant agreement, bringing the total fee not to exceed $42,080. Woodard & Curran will bill the City on a time and materials basis.

We greatly appreciate the opportunity to continue working with the City on its funding goals.

Please feel free to call me at (914) 513 -2212 if you have any questions regarding this amendment proposal.

Sincerely,

Lindsey Wilcox
Project Manager
Associate Principal

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Attachment: Woodard and Curran Amendment No. 1 (3942 : Contract Amendment No. 1 to the Professional Services Agreement with Woodard

Cathedral City Page 1 of 3 Printed on 10/19/2023

Staff Report

City Council

Item No. 4.D

Meeting Date: October 25, 2023
From: John Corella, Director of Engineering/Public Works Title: Award Professional Services Contract to Alliant Consulting Inc. for Labor Compliance and Monitoring Services for the Dream Homes Park City Project C07021

City Council

RECOMMENDATION:

To approve a Professional Services Agreement with Alliant Consulting Inc. in the not -to- exceed amount of $73,160 for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project; and, authorize the City Manager to execute the required contract documents.

BACKGROUND:

In December 2021, California State Parks (State) awarded the City of Cathedral City $8,498,000 of Statewide Park Program (SPP) Roun d 4 grant funds for the Dream Homes Park Project (Project). Following the notice of award in February 2022, the City received authorization from California State Parks to proceed with the Project's design, bid, and construction. Under the State requirement s, the City is required to perform labor compliance monitoring and enforcement services to ensure the selected Contractor and subcontractors adhere to the State Labor Code for the construction of the Project.

In the past, City Staff has relied on outside professional consultants to perform the labor monitoring and enforcement services. The City must follow the State and grant guidelines to be reimbursed when contracting professional services. A public notice inviting Request of Qualifications/Proposals (RF Q/P) seeking qualified consultants to provide professional services is required to ensure compliance with the above-cited guidelines.

On August 3, 2023, the Engineering Department issued and advertised a Request for Qualifications/Proposal for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project. At the time of the submission deadline , the City received one (1) proposal. Upon reviewing the State's Contracting requirements,

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Cathedral City Page 2 of 3 Printed on 10/19/2023
the City must make efforts to secure a t least three (3) competitive proposals for any contractual service to be provided on a State-funded project.

Thus, at the September 13, 2023, City Council meeting, the City Council rejected the one (1) proposal received for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project and authorized the City Engineer to re-advertise the Request for Qualifications/Proposals.

DISCUSSION:

City Engineering staff issued the second Request for Qualifications/Proposal (RFQ/ P) for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project . This RFQ/P was advertised in the Desert Sun and on the City’s website on September 17, 2023, and September 20, 2023. City staff also distributed the RFQ/P to consulting companies, who in the past have indicated an interest in providing these services for the City.

The deadline to submit a proposal was September 27, 2023. At the time of the submission deadline, the City received proposals from the following six (6) Consultants:

• Pacifica Services, Inc. – Pasadena, CA
• Alliant Consulting, Inc. – San Diego, CA
• The Solis Group – Pasadena, CA
• Cumming Management Group, Inc. – Murrieta, CA
• Gafcon – Laguna Hills, CA
• GCAP Services, Inc. – Costa Mesa, CA

The Proposals were reviewed by an evaluation committee consisting of three members of City Engineering staff. The panel found all the Consultants providing proposals were responsive, qualified, and knowledgeable about the requirements for Labor Compliance Monitoring and Enforcement Services for the Project. The rating summary of the panel’s review is attached.

Based on the evaluation committee’s review and ranking of the proposals, Alliant Consulting, Inc. was ranked as the highest rated Consultant. The cost proposal for Alliant Consulting, Inc. is in the amount of $73,160 and was determined to be within the limits of what would be expected for this service.

Alliant Consulting Inc. is a well -qualified and reputable labor compliance company with numerous years of experience. Additionally, Alliant Consulting has provided labor compliance and monitoring services on past City Projects , Ocotillo Park and the Cathedral City Community Amphitheater , each respectively, demonstrating the company’s competence in providing the prescribed services.

City Staff recommends the City Council to approve a Professional Services Agreement with Alliant Consulting Inc. in the not -to-exceed amount of $73,160 for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project; and authorize the City Manager to execute the required contract documents.

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Cathedral City Page 3 of 3 Printed on 10/19/2023
FISCAL IMPACT:

Funding for the Dream Homes Park Project will come from the City’s Proposition 68 Statewide Park Development and Community Revitalizat ion Program Grant award of $8,498,000. The award covers 100% of the eligible costs up to the Grant award amount, including the $73,160 for Alliant Consulting’s costs, which will be charged to the account code 331-100-150-156-8800-8802.

The remaining balan ce of the Proposition 68 Statewide Park Development and Community Revitalization Program Grant is as follows:

Total Grant Award $ 8,498,000.00

Encumbrances
Description Amount
MVR Consulting - Grant Support Contract (on going) $ 93,900.00 Verde Design - Design Contract (on going) $ 560,000.00 Miscellaneous items (as of October 2023) $ 1,605.42 Cooperative purchasing items $ 1,191,668.69
6-foot-high perimeter wall (Including 15% Contingency) $ 915,113.34 Alliant Consulting – Labor Compliance Services $ 73,160.00 Total Encumbrances $ 2,835,447.45

Remaining Balance $ 5,662,552.55

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT

Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

ATTACHMENTS:

Evaluation Scores - Labor Compliance
Agreement for Services - Alliant Consulting Inc.

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SCORES
Alliant Consulting,
Inc
Pacifica Services,
Inc. The Solis Group
Cumming
Management
Group, Inc. Gafcon
GCAP Services,
Inc.

Rater 1 86 78 73 77 65 76
Rater 2 89 79 65 80 76 77
Rater 3 82 77 71 83 70 75
AVERAGE 85.67 78.00 69.67 80.00 70.33 76.00

RANKINGS
Alliant Consulting,
Inc
Pacifica Services,
Inc. The Solis Group
Cumming
Management
Group, Inc. Gafcon
GCAP Services,
Inc.

Rater 1 1.00 2.00 5.00 3.00 6.00 4.00
Rater 2 1.00 3.00 6.00 2.00 5.00 4.00
Rater 3 2.00 3.00 5.00 1.00 6.00 4.00
AVERAGE 1.33 2.67 5.33 2.00 5.67 4.00
RFQ/P Evaluations - Labor Compliance and Monitoring Services RFQ/P Evaluations - Labor Compliance and Monitoring Services

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Attachment: Evaluation Scores - Labor Compliance (3944 : Award contract for Labor Compliance and Monitoring Services for the Dream - 1 -

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ALLIANT CONSULTING INC.

This Agreement for Design Professional Services (“Agreement”) is entered into as of October 25, 2023 (“Effec tive Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Alliant Consult ing, Inc., a California Corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

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

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

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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.

SECTION 2. SCOPE OF SERVIC ES & 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 Performanc e. 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 sha ll be deemed to be in Default of this Agreement. The City, in its sole discretio n, 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 co mpensated 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 “Administrat ion 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 reference. The to tal compensation, including reimbursement for actual expenses, shall not exceed Seventy-Three Thousand One Hundred Sixty Dollars And Zero Cents ($73,160.00), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) Each month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding m onth. The invoice shall detail charges by the following cat egories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Desi gn Professional contracts. Sub-Design Professional charges shall be detailed by the following categor ies: labor, travel, materials, equipment and suppli es. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the l abor category in each invoice 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 i ndependently review each invoic e submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agr eement. 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 Cit y, 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 reject or finally accept Design Profession al’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 De sign Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement in cluding, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, dr awings, photographs, studies, surveys, reports, data, notes, co mputer 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 pr operty of City and may be used, reused or otherwise disposed of by Cit y without the permission of t he Design Professional. Upon completion, expiration or termi nation of this Agreement, De sign Professional shall turn over to City all such original maps, model s, 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 guar antees 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 PROFESSION AL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Prof essional’s performance of the Services.

Consultant shall maintain any and all led gers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbur sements 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 t he 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 repres entative. Copies of such documents or records shall be provi ded directly to the City for inspection, audit and copying when it is practical to do so; ot herwise, unless an alternative is mutually agreed upon, such document s and records shall be m ade available at Design Professional’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Design Profe ssional’s business, Cit y may, by written request, require that custody of such docum ents or records be given to the City.

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

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Servic es 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 elect ed 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 Profe ssional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professional , nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Cit y’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.

SECTION 9. STANDARD OF PERFORM ANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and wa rrants that it has the qualifications, experience and facilities necessary to properl y perform the Services required under this Agreement in a thorough, co mpetent and professional m anner. Design Professional shall at all times faithfully, competently an d to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted stand ards and practices utilized by persons engaged in providing servic es similar to the Services required of Design Professional under this Agreemen t, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or perfo rmance 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 per formed, (2) it has investi gated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH A PPLICABLE LAWS; PERMITS AND LICENSES.

Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. De sign Professional sha ll 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. PREVAI LING WAGE LAWS.

It is the understanding of Cit y and Design Professional t hat 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 preva iling 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 Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including ba sed 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 Californi a Government Code section 12940.

SECTION 13. CONFLI CTS OF INTEREST.
(a) Design Professional covenants that neit her it, nor any officer or principal of its firm, has or shall acquire any interest, di rectly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no per son having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City M anager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of 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 filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknow ledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other government al 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 sha ll not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreem ent. Any such future service shall not be considered a conflict of interest for purposes of this section.

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SECTION 14. CONFIDENTIAL INFORM ATION; RELEASE OF INFORMATION. (a) All information gained or work produc t 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 releas e or disclose any such information or work product to persons or entities other than City without prior written authorization fr om the City Manager, except as may be required by law.
(b) Design Professional, its officers , employees, agents or subcontractors, shall not, without prior writte n 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" provi ded Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its officers, employees, agents or subcon tractors be served with any summons, complaint, subpoena, notice of deposition, r equest for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Profe ssional 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. Ho wever, 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 De sign 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, employ ees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the neg ligence, recklessness, or willful misconduct of the Design Pr ofessional, its officers, agents, employees or sub- consultants (or any entity or individual t hat Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the

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event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of t he 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 unabl e 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 u npaid defense costs. The provisions of this section pertaining to Design Professiona l’s duty to defend shall not apply if there is a project-spec ific general liability policy of insurance that insures all project participants for general liability expos ure on a primary basis and also covers all design professionals involved with the project fo r 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 Indemnifi ed Parties as additional indemnitees. In the event Design Professional fails to obtain such inde mnity obligations from others as required here, Design Professional agrees to be fully responsible accord ing to the terms of this section. Failure of City to monitor co mpliance with these requirements imposes no additional obligations on City and will in no way ac t as a waiver of any rights hereunder.

This obligation to indemnify and defend Cit y 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 aris ing from gross negligence or willf ul acts or omissions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

Design Professional agrees to obtain and ma intain 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 requirement s 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 Pr ofessional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obli gations imposed upon Design Professional under this Agreement. In reco gnition 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 cons ent of the City. Any atte mpted assignment shall be ineffective, null and void, and shall constitu te a material breach of this Agreement entitling City to any and all rem edies at law or in equity, including termination of this Agreement pursuant to Section 19 “Terminat ion of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

Design Professional shall make every reas onable effort to main tain the stability and continuity of Design Prof essional’s staff and subcontract ors, 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. TERMINAT ION OF AGREEMENT.
(a) City may terminate this Agreement, wit h or without cause, at any time by giving thirty (30) days written notice of termi nation to Design Professi onal. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate th is Agreement for ca use at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Prof essional or City, all property belonging exclusively to City whic h is in Design Professional’s possession shall be returned to City. Design Professiona l shall furnish to City a final invoice for work performed and expenses incurred by Desi gn 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 a fter 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 wh ich Design Professi onal may cure the default. This timeframe is presumptively th irty (30) days, but may be extended, though not reduced, if circumstances warrant. During the perio d of time that Design Professional is in default, the City shall hol d 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 necessary steps to terminate this Agreement under Sect ion 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Design Professional shall not be lia ble for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Su ch 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, epidem ics, 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 carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 23. NOTICES.

All notices required or permitted to be gi ven under this Agreement shall be in writing and shall be personally delivered, or s ent 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: Al liant Consulting, Inc.

Attn: Christa J. Schott
8185 Camino Sante Fe, #2
San Diego, CA 92121

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

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SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Design Professional represents and wa rrants 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 representativ e. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent wit h Section 27 “Amendm ent” 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 t he City. The City Manager shall have the authority to approve any am endment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authorit y under the Cathedral City M unicipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications canno t be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

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

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provisi on 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 Californi a. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event

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of litigation in a U.S. District Court, venue sha ll lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or ot her 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 resp ect to the matters addressed therein and supersedes all other agreements or underst andings, whether oral or written, or enter ed into between Design Professi onal 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 in valid, void or unenforceable, the remaining provisions of this Agreem ent shall not be affected ther eby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. CON FLICTING TERMS.

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

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

CITY OF CATHEDRAL CITY ALLIANT CONSULTING, INC.

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

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- 13 -

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

APPROVED AS TO FORM

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

NOTARIZED, AND APPROPRIAT E 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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Attachment: Agreement for Services - Alliant Consulting Inc. (3944 : Award contract for Labor Compliance and Monitoring Services for the SECTION 3: SCOPE OF WORK
Alliant Consulting provides professional Labor Compliance Consulting Services in accordance with local, State and Federal ordinances, laws and regulations throughout the project. It is anticipated that each project subject to compliance oversight will be unique and the exact scope of work will vary depending on the project scope, State or Federal funding, specific grant requirements and the specific needs of our client. The approach outlined below identifies the support services required for full Labor Compliance Oversight, however, is not limited to what is referenced below and may be modified per projects, as required by the client.

In addition to the method to accomplish scope of work mentioned in Section 2 above, the team will follow the scope of work as described below, based on the City's scope of services requirement listed in the RFP. Scope of Work, is not limited to what is referenced below and may be modified per projects, as required by the City.

FILE SET-UP / PRE-CONSTRUCTION / REPORTING
Assisting City of Cathedral City in Developing Proper Language for Contractor Agreements to Include the Requirements of the State Labor Codes Required for the Project | Provide Applicable Labor Compliance Contract Addendums | Review of State and/or Federal Project Requirements | Pre-Bid, Pre-Construction or On-Site Meetings | Conduct Presentation Discussing Applicable State Labor Laws and Contractual Labor Compliance Obligations at the Project Pre- Construction Meeting (if Requested) | Project, LCPtracker® and Server File Set Up | LCPtracker Account Licensing | Contractor and Subcontractor File Set-Up | Set Up Project-Specific Checklists/Logs | Final Compliance Report to Client and Release of Documents.

LABOR COMPLIANCE OVERSIGHT
Review of Project Information, Funding Requirements, Bid and Contract Documents | Review of Applicable State and/or Federal Prevailing Wage Requirements | Identify Type of Work Covered Under Prevailing Wage | Collection of Proper Wage Decisions and Applicable Increase Allocations | Collection & Review of Contractor & Subcontractor Documents, including Weekly Certified Payroll Records, Fringe Benefit Reviews, Annualization Calculations | Answer Contractors’ Questions Regarding Labor Compliance Requirements | Verification of Overtime Rate and Prevailing Wages Paid in Full | Review of Apprenticeship Regulations and Compliance Status throughout the Project | Audit Workers’ Compensation Insurance coverage, Apprenticeship Training, and Trust Contributions, Work Hour Records and Illegal Taking of Wages | Investigate Unresolved Violations or Claims of Inadequate Payment of Wages or Fringe Benefits Made by Workers | Regular Communication with All Parties | Submit Monthly Compliance Reports to City of Cathedral City Describing in Detail All Prevailing Wage Oversight Work Performed During That Month and Identify Outstanding Issues | Submit reports to DIR as required by the City of Cathedral City to Satisfy Requirements for Project

SITE VISITS & TRAVEL
Field Investigations to Conduct Site Interviews as Required by Client or Funding Source Using Required Site Interview Forms | Investigate Possible Violations or Claims Filed By Workers | Collect Information During On-Site Interviews Into a Database for Reference and/or Performing Audits of Payroll Records | Maintain Open Line of Communication With Workers on Project Site | Travel Fees for Site Visits, Meetings and Training Sessions Are Hourly Plus Direct Expenses | Overnight Stays Require Additional Per Diem
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EXHIBIT "A"

SCOPE OF SERVICES

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PROJECT UNDERSTANDING & METHOD TO ACCOMPLISH THE SCOPE OF WORK Alliant Consulting understands City of Cathedral City needs an experienced, reputable and quality focused consultant to ensure prevailing wage and apprenticeship requirements are met on the Dream Homes Park Project (CIP No. 07021). With over 20 years of experience performing such responsibilities, Alliant Consulting is the reliable choice to perform the work. If selected, City of Cathedral City will be assigned a team of labor compliance experts who will work together to ensure compliance is met by both the City and all contractors performing work on the project.

The team will follow the method to accomplish the scope of work as described below, based on the City's scope of services requirement listed in the RF P. The approach outlined below identifies the support services required for the sections listed within the RFP’s Scope of Work, however, is not limited to what is referenced below and may be modified per projects, as required by the City.

PRE-PLANNING, PREPARATION & MEETING
Project Preparation
Alliant Consulting shall assist the City in developing and ensuring proper language for their contractor bid solicitations and agreements include the requirements of the State labor codes required for the project. This includes the required language of any applicable additional mandates due to project funding. Alliant Consulting will participate in as-needed pre-bid meetings held by the City to inform potential bidders of Labor Compliance requirements for the project. At the pre- bid meeting Alliant shall review all required forms, the appropriate prevailing wage rates to be utilized for the project and provide contractors with an understanding of the oversight process anticipated for the project. Alliant shall answer any prevailing wage related questions from interested contractors, the City or from the general public at this meeting.

Pre-Construction Meeting
Alliant Consulting shall conduct and make a presentation at the pre-construction job meeting with the City, the selected prime contractor and all listed subcontractors. At this meeting, the applicable labor laws and the contractual obligations of the labor compliance regulations will be discussed, and a summary of the requirements will be signed by representatives of the City, all contractors and Alliant Consulting. A copy of the project-specific related documents, schedule and applicable forms will be prepared and distributed to all contractors with detailed instructions of how to maintain compliance throughout the project. Alliant will be prepared to answer any questions related to prevailing wage at this meeting, so all parties are aware of the compliance standards and oversight process. The dedicated team from Alliant will be introduced with contact information shared with all parties involved in the project.

Training and Assistance
In addition to presentations at the pre-bid and pre-construction meetings, if requested, Alliant Consulting shall develop training materials and provide training to the City’s personnel regarding payroll collection and review, labor compliance oversight, as well as provide any technical assistance to contractors, as necessary and allowed by the contract.

Administration
Alliant Consulting shall track and keep logs of all labor compliance activities through the online tracking system as well as through our secure online time and task tracking program. All files and documents relating to any City projects will be through the secure online system. Alliant shall assist all contractors, workers, and City staff with prevailing wage requirements, prevailing wage rates, scopes of work and trade requirements.

COMPLIANCE MONITORING AND REVIEW
Collection and Review
Alliant Consulting shall request and ensure receipt of weekly certified payroll records of all workers from the Contractors on each project via electronic submission utilizing LCPtracker software as preferred by the City. The listed wage rate for every worker will be compared to the prevailing wage rates posted for each trade and work classification. Additionally, Alliant shall collect and review supporting documents including but not limited to timesheets, daily reports, inspector logs, pictures, and sign in sheets to reconcile craft work data and to support the information provided in the certified payroll reports. Any discrepancies, omissions, or inaccuracies in the submitted payrolls will be noted, and Alliant Consulting shall request, via e-mail, immediate clarification and/or corrections from the Contractor.

Alliant will work with the contractor to correct discrepancies, pay restitution to workers as needed and to bring the contractor to compliance. On-going, regular communication with all parties is intended to help ensure violations are avoided, at all costs.

Apprentices
Alliant Consulting will uphold all apprenticeship requirements in ensuring proper standards are met by maintaining the qualifications of each contractor’s apprentice certifications, hours, and prevailing wage rates paid to all apprentices employed on the project. Alliant Consulting will also ensure the payment of training contributions to the applicable training committees as part of prevailing wage mandates.

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Alliant Consulting’s Field Investigators will perform site inspections and conduct interviews with workers from each trade using state required site interview forms.

The number of actual interviews to be done on each project depends on the number of workers and trades on each site and if the workers have been interviewed previously. Interviews will be conducted as often as necessary to reach the minimum percentages required by state guidelines and to ensure proper payment of prevailing wage. These site interviews will occur as mandated by state guidelines to investigate possible violations or claims filed by workers. Alliant shall enter the information collected during these on site interviews into a database for reference and for use in performing cross referencing audits of the payroll records.

Our site monitors are fluent in English and Spanish. Should a workforce have additional language barriers, Alliant will reach out to our vast pool of resources to ensure the proper translations can be made to ensure compliance.

Alliant Consulting fully intends to include on site interviews within our scope of work to perform accurate labor compliance activities. However, many clients prefer to perform the required site interviews themselves as a cost saving measure as they usually have representatives on site at least weekly and interviews are fairly quick and easy to do if trained correctly. If this is preferred by the City, Alliant intends to train City personnel to perform such interviews and will check in on a regular basis to perform supplemental interviews or, answer any questions the City representative may have.

AUDITS AND INVESTIGATIONS
Audits
Alliant Consulting shall promptly and thoroughly investigate any unresolved payroll irregularities, violations or claims of inadequate payment of wages or fringe benefits made by workers, City personnel or third-party agencies. Paycheck stubs, time cards, daily logs and any other applicable payroll records may be requested from the affected contractor(s) and will be compared with the submitted certified payrolls and other supporting payroll documentation for that project.

When a discrepancy or potential violation is found, Alliant Consulting shall conduct additional worker interviews and maintain an open line of communication with workers on the project site in question. In addition to investigating payment of prevailing wage rates and benefits, Alliant Consulting shall audit workers’ compensation insurance coverage, apprenticeship training, trust contributions, work hour records, including overtime wages and illegal taking of wages as part of the compliance enforcement process.

COMPLIANCE ENFORCEMENT
Compliance Status
In the event that a violation is not remedied within 7 days of notification to the Contractor, Alliant Consulting shall prepare a report to the City requesting withholding of the affected contractors’ payment until full compliance is met. Alliant shall calculate and recommend the amount of back wages, training funds and/or penalties that the City shall withhold from the affected contractor’s payments. Alliant Consulting will work with the non-compliant contractor to maintain compliance to the fullest extent possible. When the contractor cannot prove compliance, Alliant Consulting shall prepare withholding and penalty requests and supporting audits and narratives on behalf of the City.

REPORTING
Reports to the City
Alliant Consulting shall submit monthly Progress Status Reports to the City describing in detail all prevailing wage oversight work performed during that month.

The report shall highlight the current compliance status of each contractor and subcontractor on the project and include a summary of caseload management, active and proposed audits, issues and action items for the following month. Alliant Consulting will provide any as-needed status reports for any compliance issues outstanding with contractors or subcontractors, as well as prepare final project specific close-out labor compliance reports. Close out reports shall include a summary of activities performed on the project related to audits, compliance enforcement, wage restitution, penalties issued, and liquidated damages assessed and collected for each assigned construction project.

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EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services:

COMPLIANCE CATEGORY HOURLY RATE
Management $225
Labor Compliance $195
Site Monitoring $150

II. Cost Estimate:

Description Of Services Price Qty Subtotal
LCPtracker Fee $2,000.00 1 $2,000.00
Management (Block Of Hours) $225.00 40 $9,000.00
Labor Compliance Oversight $195.00 288 $56,160.00
Quarterly Site Visit(S) $150.00 40 $6,000.00

Service Provider shall NOT TO EXCEED AMOUNT: $73,160.00

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EXHIBIT "C"

INSURANCE

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

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the am ount of one million dolla rs ($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 In surance 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 contra ctual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insuranc e in an amount not less than $1,000,000 for injuries, including acciden tal death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property dam age 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 c onsidered 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 prov ide an endorsement that the in surer waives the right of subrogation against the City and it s respective elected officials, officers, employees, agents and representatives. In the event a clai m under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreem ent, Service Provider is to defend and indemnify the City from such claim.

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X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liabilit y. The professional liability insurance required by this Agreement must be endors ed to be applicable to claims based upon, arising out of or related to Services per formed under this Agreement. The insurance must be maintained for at least three (3) c onsecutive years following the completion of Service Provider’s services or the termination of this Agr eement. 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 polic ies required by this Agreement shall contain the following provisions:

1. All Coverages.

a. Each insurance policy r equired by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to th is Agreement, reduced in cover age 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 limitat ions on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

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

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

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

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

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

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

1. Service Provider shall furnis h certificates and endorsements from each subcontractor identical to those Service Provider provides.

2. Any deductibles or self-insur ed retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and vo lunteers, or the Serv ice Provider shall procure a bond guaranteeing pay ment 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 Se rvice Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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Cathedral City Page 1 of 3 Printed on 10/19/2023

Staff Report

City Council

Item No. 4.E

Meeting Date: October 25, 2023
From: John Corella, Director of Engineering/Public Works Title: Contract Amendment No. 1 to the On -Call Engineering Services Agreement - State and Federal Projects

City Council

RECOMMENDATION:

To approve Amendment No. 1 to the Professional Services Agreements with NAI Consulting, Inc. and with Interwest Consulting Group for On -Call Engineering Support and Grant Administration Services for State and Federally Funded Transportat ion Projects; and, authorize the City Manager to execute the required Amendment documents.

BACKGROUND:

The City currently has agreements for On -Call Engineering Support and Grant Administration Services for State and Federally Funded Transportation Pro jects with NAI Consulting Inc., and with Interwest Consulting Group (Consultants).

The purpose of these agreements is to assist the City Engineering and Public Works Maintenance Divisions with specialized services required in the administration of Federal and State funded programs.

The Consultants performing these tasks are qualified under the California Department of Transportation ( Caltrans) and the Federal Highway Administration (FHWA) and met the eligibility requirements for the City to receive rei mbursement from the different State and Federal funding sources or programs.

In May 2023, the California Department of Transportation (Caltrans) updated the Local Assistance Procedure Manual (LAPM) Chapter 10 – Consultant Selection and Procurement. This u pdate introduces additional language or contract provisions that require amending the existing agreements with both consultant companies for the City to receive reimbursement on Federal and State funded projects.

DISCUSSION:

On May 24, 2023, the City Cou ncil approved professional services agreements

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(Agreements) with NAI Consulting, Inc. (NAI) and Interwest Consulting Group (Interwest) for On -Call Engineering Services for State and Federally Funded Transportation Projects. The current Agreements commenced on July 1 , 2023, with expiration date on June 30, 2025.

Attached to this Staff Report is Amendment No. 1 for each Consultant’s Agreement, incorporating the additional contract provision requirements that were recently updated by Caltrans. These additional contract provision requirements are necessary for the City to be reimbursed for these consultant services from state and federally funded transportation projects, e.g., the Highway Safety Improvement Program (HSIP). The Amendment No. 1 does not modify the term nor the compensation of the Agreements.

City Staff requests the City Council approve Amendment No. 1 to the Professional Services Agreements with NAI Consulting, Inc. and with Interwest Consulting Group for On-Call Engineering Support and Grant A dministration Services for State and Federally Funded Transportation Projects ; and, authorize the City Manager to execute the required Amendment documents.

FISCAL IMPACT:

Amendment No. 1 incorporates the contract provision requirements to each Professional Service Agreement, and no additional compensation is required as a result of these provisions. Therefore, there is no fiscal impact for the approval of this agenda item.

Please note: Using the hourly rates and unit prices from the agreements, City Sta ff will continue to negotiate Task Orders for each type of service required for a project. Many Task Orders will be grant -eligible, others will be funded by State, Federal or local share (match) and others within the specific project cost. Total costs and funding sources for Task Orders prepared under the On Call and/or as needed contracts will be identified as each Task Order is issued. City Council approval, if needed, will be obtained prior to a Task Order issuance if the item exceeds the respective D epartment’s purchasing guideline requirements.

Funding for this item is reflected within the Professional and Technical Services budgets for Engineering and Public Works for FYs 2023/2024 and 2024/2025 and under individual State/Federal Grant projects and/or programs.

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT

Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

ATTACHMENTS:

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Amendment No. 1 - NAI
NAI - Fully Executed Agreement
Amendment No. 1 - Interwest
Interwest - Fully Executed Agreement

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AMENDMENT NO. 1
TO THE

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
NAI CONSULTING INC.

FOR ON-CALL ENGINEERING SUPPORT AND GRANT ADMINSTRATION

SERVICES FOR STATE AND FEDERALLY FUNDED TRANSPORTATION

PROJECTS

In accordance with the “Agreement for Design Professional Services” dated June 10, 2023, (referred to as the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and NAI Consulting, Inc., a California corporation (“Consultant”), and in accordance with Section 39 of the Agreement, entitled, “Amendments”, this Amendment Number One (1) to the Agreement is made and entered into this 11th day of October 2023, (“Effective Date”).

RECITALS

A. City and Consultant entered into a Design Professional Services Agreement to provide on-call engineering support and grant administration services for state and federal funded transportation projects, initially approved by the City Council on May 24, 2023.

B. The Agreement is subject to certain contract requirements identified in the Caltrans Local Assistance Procedure Manual (LAPM). Amendment No. 1 includes all the latest Caltrans LAPM provisions.

C. The parties wish to amend the Agreement for the first time to : (1) incorporate current Caltrans LAPM requirements for professional design services agreements.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as m aterial term s r elied upon by the Parties in agreeing to and executing this Amendment No. 1.

Section 2. Section 5 Inspection and Final Acceptance is hereby revised to include the following language:

CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and fi les at all reasonable times during the performance period of this AGREEMENT.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal Section 3. Section 5 Inspection and Final Acceptance is hereby revised to include the following language:

Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

Section 4. Section 9. Subcontracting will be added and Section 9. Standard of Performance and the following sections will be renumbered in succession, unless amended by this Amendment No. 1. Section 9. Subcontracting is hereby added to read:

9. SUBCONTRACTING.

A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted w ithout written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants

No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Section 5. Section 14. Nondiscrimination and Statement of Compliance is hereby revised to include the following language:

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal Section 6. Section 15. Disadvantaged Business Enterprises Participation is hereby deleted and replaced in its entirety to read:

15. DISADVANTED BUSINESS ENTERPRISES PARTICIPATION

A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal.

It is CONSULTANT’s responsibility to verify at date of proposal openi ng that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civ il- rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:

• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procur ement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance

Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 i n the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying CONSULTANT from future proposing as non-responsible

E. Termination and Replacement of DBE Subconsultants

CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond i s a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant ’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE’s work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons lis ted above.

Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
a. One or more above listed justifiable reasons along with supporting documentation.
b. CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice
c. The DBE’s response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shal l respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal

Replacement of DBE Subconsultants

After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request aut horization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm ’s business information, the work they have agreed to perform, and the following:

1. Description of scope of work and cost proposal

2. Proposed subcontract agreement and written
confirmation of agreement to perform on the Contract

3. Revised Exhibit 10- O2: Consultant Contract DBE
Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
a. Search results of certified DB Es available to perform the original DBE work identified and or other work CONSULTANT had intended to self - perform, to the extent needed to meet DBE commitment
b. Solicitations of DBEs for performance of work identified c. Correspondence with interested DBEs that may have included contract details and requirements
d. Negotiation efforts with DBEs that reflect why an agreement was not reached
e. If a DBE’s quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why t he price quote was unreasonable or excessive
f. Copies of each DBE's and non- DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher g. Additional documentation that supports CONSULTANT’s GFE

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal F. Commitment and Utilization

The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
a. Name and business address of each 1st-tier subconsultant b. Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
c. Date of payment and total amount paid to each business (see Exhibit 9- F: Monthly Disadvantaged Business Enterprise Payment)

If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY.

On work completion, CONSULTANT shall complete Exhibit 17- O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17- F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function

DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF.

A DBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price,

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal -aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE ’s initial performance of work or supplying materials for the Contract. The notification must include the DBE’s name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the followi ng information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9 -J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9- J: DBE Commercially Useful Function Evaluat ion, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT an d the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal CONSULTANT and DBEs must submit any addition al CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters

Failure to submi t required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE’s work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY’s approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE ’s committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s Contract Administrator within 30 days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023:
after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

Section 7. Section 17. Conflicts of Interest is hereby rev ised to i nclude the f ollowing language:

The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subjec t to the control of the same persons, through joint ownership or otherwise.

Section 8. Section 25. Audit Review Procedures, Section 26. Equipment Purchase and Other Capital Expenditures, Section 27. Rebates, Kickbacks or Other Unlawful Consideration, S ection 28. Debarment and Susp ension Certification, Section 29.

Contingent Fee, Section 30. Disputes, Section 31. Safety, Section 32. Title VI Assurances, is hereby added to read:

25. AUDIT REVIEW PROCEDURES.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, i ncluding cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).

IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and caus e for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of t he American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a) If the proposed rate is less than one hundred fifty percent (150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b) If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty -five percent (85%) of the proposed rate.
c) If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal

26. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.

A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
a. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replac ement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair mark et value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to se ll the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY. b. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

27. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or other wise recover the full amount of such rebate, kickback or other unlawful consideration.

28. DEBARMENT AND SUSPENSION CERTIFICATION.

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
a. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
b. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; c. Does not have a proposed debarment pending; and
d. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3)years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

29. CONTINGENT FEE.

CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEME NT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

30. DISPUTES.

Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty -five (45) days of good- faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Director of Public Works , who may consider written or verbal information submitted by CONSULTANT.

Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing

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Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

31. SAFETY.

CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

Pursuant to the authority contained in Vehicl e Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

32. TITLE VI ASSURANCES.

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a) Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b) Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement,

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d) Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain complianc e with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall s et forth what efforts CONSULTANT has made to obtain the information.
e) Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or b. cancellation, termination or suspension of the Agreement, in whole or in part.
f) Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the St ate, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E

During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C . § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatm ent of persons

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• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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Attachment: Amendment No. 1 - NAI (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Federal SUMMARY:

Amendment No. 1 added latest Caltrans provisions identified in the LAPM for professional design services.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.

CITY OF CATHEDRAL CITY NAI CONSULTING INC.

By: Charles P. McClendon By: Joshua Nickerson
City Manager Vice President

ATTEST:

By: Tracey R. Hermosillo, CMC By:

City Clerk

By: Eric S. Vail
City Attorney

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Amended Agreement

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Attachment: NAI - Fully Executed Agreement (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and AMENDMENT NO. 1
TO THE

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

INTERWEST CONSULTING GROUP

FOR ON-CALL ENGINEERING SUPPORT AND GRANT ADMINSTRATION

SERVICES FOR STATE AND FEDERALLY FUNDED TRANSPORTATION

PROJECTS

In accordance with the “Agreement for Design Professional Services” dated June 10, 2023, (referred to as the “Agreement”), by and between the City of Cathedral City, a municipal corporation (“City”) and Interwest Consulting Group , a California corporation (“Consultant”), and in accordance with Section 39 of the Agreement, entitled, “Amendments”, this Amendment Number One (1) to the Agreement is made and entered into this 11th day of October 2023, (“Effective Date”).

RECITALS

A. City and Consultant entered into a Design Professional Services Agreement to provide on-call engineering support and grant administration services for state and federal funded transportation projects, initially approved by the City Council on May 24, 2023.

B. The Agreement is subject to certain contract requirements identified in the Caltrans Local Assistance Procedure Manual (LAPM). Amendment No. 1 includes all the latest Caltrans LAPM provisions.

C. The parties wish to amend the Agreement for the first time to: (1) incorporate current Caltrans LAPM requirements for professional design services agreements.

NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. The foregoing Recitals are true, correct, and incorporated by this reference herein as material terms relied upon by the Parties in agreeing to and executing this Amendment No. 1.

Section 2. Section 5 Inspection and Final Acceptance is hereby revised to include the following language:

CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasona ble times during the performance period of this AGREEMENT.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Section 3. Section 5 Inspection and Final Acceptance is hereby revised to include the following language:

Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide t hat the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

Section 4. Section 9. Subcontracting will be added and Section 9. Standard of Performance and the following sections will be renumbered in succession, unless amended by this Amendment No. 1. Section 9. Subcontracting is hereby added to read:

9. SUBCONTRACTING.

A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization a nd no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of t his AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants

No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Section 5. Section 14. Nondiscrimination and Statement of Compliance is hereby revised to include the following language:

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Section 6. Section 15. Disadvantaged Business Enterprises Participation is hereby deleted and replaced in its entirety to read:

15. DISADVANTED BUSINESS ENTERPRISES PARTICIPATION

A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR

26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal.

It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP ca n be found at https://dot.ca.gov/programs/civil - rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:

• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."

This Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this Agreement is 0%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10- O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto in Exhibit D and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make

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C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance

Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying CONSULTANT from future proposing as non-responsible

E. Termination and Replacement of DBE Subconsultants

CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DB E for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant’s license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE’s work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above.

Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
a. One or more above listed justifiable reasons along with supporting documentation.
b. CONSULTANT’s written notice to the DBE regarding the request, including proof of transmissi on and tracking documentation of CONSULTANT’s written notice
c. The DBE’s response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTAN T’s DBE termination request within five (5) business days.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and

Replacement of DBE Subconsultants

After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement. CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm’s business information, the work they have agreed to perform, and the following:

1. Description of scope of work and cost proposal

2. Proposed subcontract agreement and written
confirmation of agreement to perform on the Contract

3. Revised Exhibit 10- O2: Consultant Contract DBE
Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days.

Submit documentation of actions taken to find a DBE replacement firm, such as:
a. Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self - perform, to the extent needed to meet DBE commitment
b. Solicitations of DBEs for performance of work identified c. Correspondence with interested DBEs that may have included contract details and requirements
d. Negotiation efforts with DBEs that reflect why an agreement was not reached
e. If a DBE’s quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
f. Copies of each DBE's and non- DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher g. Additional documentation that supports CONSULTANT’s GFE

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and F. Commitment and Utilization

The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
a. Name and business address of each 1st-tier subconsultant b. Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
c. Date of payment and total amount paid to each business (see Exhibit 9- F: Monthly Disadvantaged Business Enterprise Payment)

If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY.

On work completion, CONSULTANT shall complete Exhibit 17- O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17- F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will with hold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function

DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF.

A DBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price,

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself.

CONSULTANT must perform CUF evalu ation for each DBE working on a federal -aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written n otification to the LOCAL AGENCY at least 15 days in advance of each DBE’s initial performance of work or supplying materials for the Contract. The notification must include the DBE’s name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9- J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment

CONSULTANT must monitor all DBE ’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9 -J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluati ons and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9- J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters

Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULT ANT will correct the noncompliance findings for the remaining portion of the DBE’s work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY’s approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE’s committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE parti cipation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s Contract Administrator within 30 days.

L. For projects awarded on or after March 1, 2020, but before September 1, 202 3:
after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.

For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required.

Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

Section 7. Section 17. Conflicts of Interest is hereby revised to include the following language:

The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

Section 8. Section 25. Audit Review Procedures, Section 26. Equipment Purchase and Other Capital Expenditures, Section 27. Rebates, Kickbacks or Other Unlawful Consideration, Section 28. Debarment and Suspension Certification, Section 29.

Contingent Fee, Section 30. Disputes, Sect ion 31. Safety, Section 32. Title VI Assurances, is hereby added to read:

25. AUDIT REVIEW PROCEDURES.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, i ncluding cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI).

IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and caus e for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of t he American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a) If the proposed rate is less than one hundred fifty percent (150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b) If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty -five percent (85%) of the proposed rate.
c) If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and

26. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.

A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator , three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
a. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or tra ded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY. b. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

27. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

28. DEBARMENT AND SUSPENSION CERTIFICATION.

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of Calif ornia, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
a. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
b. Has n ot been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; c. Does not have a proposed debarment pending; and
d. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3)years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

29. CONTINGENT FEE.

CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

30. DISPUTES.

Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicabl y between them. If a dispute has not been settled after forty -five (45) days of good- faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

Any dispute, other than audit, concerning a ques tion of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Director of Public Works, who may consider written or verbal information submitted by CONSULTANT.

Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

31. SAFETY.

CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULTANT personnel shall wear hard hat s and safety vests at all times while working on the construction project site.

Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

32. TITLE VI ASSURANCES.

APPENDIX A

During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a) Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b) Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub-agreement,

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d) Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e) Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
a. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or b. cancellation, termination or suspension of the Agreement, in whole or in part.
f) Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E

During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway A ct of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Dis crimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C . §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with d isproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origi n discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

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Attachment: Amendment No. 1 - Interwest (3943 : Contract Amendment No. 1 to the On-Call Engineering Services Agreement - State and SUMMARY:

Amendment No. 1 added latest Caltrans provisions identified in the LAPM for professional design services.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 1 to be executed as of the date first written above.

CITY OF CATHEDRAL CITY INTERWEST CONSULTING GROUP

By: Charles P. McClendon By: Paul Meschino
City Manager President

ATTEST:

By: Tracey R. Hermosillo, CMC By: David Kniff
City Clerk Assistant Secretary

By: Eric S. Vail
City Attorney

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EXHIBIT “A”
Amended Agreement

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Staff Report

City Council

Item No. 7.A

Meeting Date: October 25, 2023
From: Anne Ambrose, Assistant City Manager
Title: Approval of PAC and PACE Funding for Old Gays Book Signing Event

City Council

RECOMMENDATION:

Staff recommends that the City Council approve the funding requests from PAC and PACE for the Old Gays Book Signing and panel discussion event.

BACKGROUND:

The Old Gays is a group of Cathedral City residents and LBGT+ activists who range in age from 67 -80. The group consists of Robe rt Reeves, Michael "Mick" Peterson, Bill Lyons and Jessay Martin. The Old Gays are an internet sensation with over 11 million followers on TikTok, over 680,000 thousand followers on Instagram and over 500,000 on Facebook. They have recently published a boo k titled the "Old Gays Guide to Living," published by Harper Collins.

DISCUSSION:

Public Arts Commissioner Travis and Parks and Community Events Commissioner Baciu proposed to their respective commissions the idea of jointly hosting a book signing and p anel discussion. They have been working with the promoter for the Old Gays to coordinate the logistics for the event. The proposed event is to take place at the Mary Pickford Theater on November 30, 2023 at 6:00pm. The book signing will be managed by the Best Book Store of Palm Springs.

The commissioners proposed a budget of $1,600 for the event. The budget will cover $1,000 for the rental, sound and lighting staff of the Mary Pickford Theater and $600 for refreshments. The event will be free and op en to the public; however, tickets will be needed as there will be a limited number of seats available.

FISCAL IMPACT:

The PACE Commission heard this item at their October 3, 2023 meeting and approved $800 for facility rental and refreshments. The reque sted funding will be funded from the

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PACE Small Events budget apportioned out of the FY 2023 -2024 Parks and Recreation Professional and Technical Services budget, 101-500-510-511-8600-8601.

The PAC heard this item at their October 10, 2023 meeting and app roved $800 that can be used towards the facility rental and sound and lighting staffing but not refreshments.

The expenditure will come out of the Art in Public Places Fund.

FIVE-YEAR STRATEGIC PLAN:

Goal F: Embracing, Inclusive Community

Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well -maintained, and issues surrounding hom elessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

ATTACHMENTS:

PACE Agenda
PAC Agenda

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Cathedral City Page 1 of 2 Printed on 10/19/2023

Staff Report

City Council

Item No. 7.B

Meeting Date: October 25, 2023
From: John Corella, Director of Engineering/Public Works Title: Approval of the Parks and Community Events Commission (PACE) support of the 2023 Snow -Fest Dog Costume Contest Event

City Council

RECOMMENDATION:

To approve $100 from the Parks and Recreation Commission's (PACE) FY 2023-2024 Events Budget to support the 2023 Snow-Fest Dog Costume Event.

BACKGROUND:

The Parks and Community Events Commission (PACE) continues to provide opportunities to engage the community and provide awareness of the park resources and events in the City. As part of PACE’s charge, PACE is active in initiating, volunteering and supporting community events and related functions.

Included in the approved Fiscal Years 2023 -2024 and 2024 -2025 budgets, PACE is allocated $10,000 per year to be able to fund all, or portions thereof, small events at parks and/or within bigger events held in the City. This may include services and/or materials, or a combination thereof, related to the event to assist in the event’s success.

All events initiated to receive funding from this budget item, are first vetted by the PACE and upon PACE’s favorable recommendation, these events are then brought before the City Council for approval for the funding.

PACE is proposing to add a new event to engage the community in conjunction with a bigger City event, the City’s Townsquare North Pole Village Snow-Fest Event . This event is the 2023 Snow-Fest Holiday Dog Costume Eve nt (Event). The Event will be added to the lineup of activities planned on the day the Snow -Fest Tree Lighting Ceremony takes place. This event will add to bringing community members, especially dog aficionados, together for a fun gathering. The Event is being presented to encourage dog owners to dress up their canines in festive holiday costumes, bring the dog(s) to the Event and have their dog(s) participate in a costume contest if so inclined.

DISCUSSION:

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At the October 3, 2023 PACE meeting, consid eration for the Event was presented and submitted by PACE Vice -Chair Baciu. This Event will be held on December 9, 2023.

The exact time of the Event has not been determined but will take place for one hour between 1:00 p.m. and 8:00 p.m. within the Towns quare North Pole Village setting.

Dogs big and small are welcome (owners also).

The Event’s showcase will be the costume contest for those who want to participate with prizes given out for 1 st, 2 nd, and 3 rd place in the big dog, s mall dog and most original category, respectively. PACE committed to securing sponsors for each prize.

The Event is free for all who want to come and participate, and having a dog is not required. This Event will be fun just to watch.

At the October 3 , 2023 PACE Meetin g, PACE approved a recommended budget of $100 to cover unsponsored incidentals that may be needed for the Event . PACE recommended this item be forwarded to the City Council for the budget allocation request approval.

PACE is requesting the City Counc il approve the funding request of $100 from the PACE Events budget for Event incidentals.

FISCAL IMPACT:

The requested Snow-Fest Holiday Dog Costume Event funding of $100 will be funded from the remaining available $6, 750 PACE Events budget to be apport ioned out of the FY 2023-2024 Parks – PACE Community Events budget item 100 -500-510-511-8200- 8201–M03511-OPS-PARKS-M&S.

FIVE-YEAR STRATEGIC PLAN:

GOAL F: EMBRACING, INCLUSIVE CITY

Objective: Cathedral City is valued and respected as a community that wel comes and embraces diversity, has an abundance of high quality and affordable housing options, and vibrant businesses. Our neighborhoods are attractive and well -maintained and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

Action F-6 Promote additional community events and celebrations.

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Staff Report

City Council

Item No. 7.C

Meeting Date: October 25, 2023
From: John Corella, Director of Engineering/Public Works Title: Award Professional Services Agreement to David Volz Design for the Downtown Dog Park Design

City Council

RECOMMENDATION:

To approve a Professional Services Agreement with David Volz Design in the not -to- exceed amount of $375,797 to prepare the plans, specifications and environmental documents for the Cathedral City Downtown Dog Park; and, approve a ten percent (10%) contingency in the amount of $37,579 for unforeseeable design costs, making the total encumbrance $413,376; and, amend the FY 2023/2024 and 2024/2025 PIP Plan; and, authorize the City Manager to execute the required contract documents.

BACKGROUND:

On November 9, 2022, the City Council approved an agreement with Verde Design, Inc. to produce a conceptual design plan for the Downtown Dog Park (Park). The final conceptual design has been completed and is attached to this Staff Report.

The conceptual des ign features fenced large and small dog park areas with fabric shade structures, pet waste stations, trash receptacles, benches, drinking fountains with pet bowls, a walking path, drought -tolerant landscaping and trees, lighting, and a restroom/storage facility. The concept plan also includes four (4) pickleball courts as an additional park amenity providing more functionality to the limited space, thus servicing an additional interest group.

Constructing a Park on the former Second Street Park property is a logical choice of location for this Project. Even though a portion of the Second Street Park property was utilized for the City’s new Fire Station 411, there is sufficient land to repurpose the park as shown in the conceptual design. There is also the p otential to salvage the existing onsite restroom building to be used with the new park.

At the time of the FY 2023 -24 and 2024 -25 Biennial Budget preparation, the City Council and the City Staff discussed that to determine the actual costs to construct th e Park, the final engineering and landscaping design plans for the Park would be the best vehicle to provide the most accurate engineer’s estimate of probable construction costs

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of the Park versus the rough order of magnitude estimate provided with the conceptual plan.

Another consideration was that by having final engineering and landscaping design plans completed, a shovel ready construction project is more attractive to potential grant application reviewers.

Overall, the above two considerations are t he driving momentum to get design plans for this Park completed. As grants are getting more competitive, o nce design plans are in hand, Staff can be more competitive in the efforts to secure additional funding sources for the construction of the Park.

DISCUSSION:

On July 19, 2023, and July 26, 2023, the Engineering Department advertised a Request for Qualifications/Proposals (RFQ/P) for Professional Landscape, Architect, Design, and Engineering Services for the Downtown Dog Park, CIP No. C07016. The RFQ/ P was published on the Desert Sun and City Website. It was also circulated to all landscape - architect companies (Consultants) indicating interest in providing design services for the City. The Consultants were given until August 10, 2023, to submit qualifi cations and a cost proposal including their hourly rates and/or unit costs for various services.

The City received three (3) proposals in response to the RFQ/P from the following Consultant companies:

• BMLA Landscape Architecture, Inc. – Corona, CA
• David Volz Design – Costa Mesa, CA with an office in La Quinta, CA • Verde Design, Inc. – Santa Clara, CA with an office in Riverside, CA

The three (3) proposals were reviewed by an evaluation committee composed of members of City Staff . It was determined all c onsultants providing proposals were responsive, qualified, and knowledgeable about the requirements for the various tasks and understanding of the Project. Based on the evaluation committee’s review and ranking of the proposals, David Volz Design (DVD) was ranked as the highest rated company to perform the Project design. The evaluation committee’s scores and rankings are attached to this Staff Report.

The cost proposal of David Volz Design was opened and reviewed by City Staff. DVD’s original cost proposa l was higher than expected. City Staff negotiated with DVD and agreed to a final revised cost of $375,797 for professional landscape, architect, design, and engineering services.

City Staff recommends the City Council approve a Professional Services Agre ement with David Volz Design in the not -to-exceed amount of $375,797 to prepare the plans, specifications and environmental documents for the Cathedral City Downtown Dog Park; and, approve a ten percent (10%) contingency in the amount of $37,579 for unforeseeable design costs, making the total encumbrance $ 413,376; and, authorize the City Manager to execute the required contract documents.

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FISCAL IMPACT:

The cost estimate for David Volz Design to prepare the plans, specifications and environmental documen ts for the Downtown Dog Park is in the amount of $375,797.

Staff is proposing a ten percent (10%) contingency, in the amount of $37,579 for unforeseeable design costs, bringing the total project cost estimate to $413,376.

David Volz Design Cost Estimate $375,797
10% Contingency $ 37,579
Total Project Design Cost Estimate $413,376

As of June 30, 2023, the City has a Fund Balance of $962,526.75 in the Develop Impact Fee account for Park and Recreation Facilities.

The Biennial Budget Park Improvement Plan (PIP) shows in the FY 2024 -2025 an amount of $500,000 programmed for the Downtown Dog Park.

City Staff is proposing a budget adjustment by allocating programmed funds in the amount of $ 413,376 to the FY2023 -2024 PIP account number 253 -500-510-511-8601, account A01408 for the design phase of the Downtown Dog Park Project

Developer Fees Account $899,554
Downtown Dog Park Cost Estimate (w/ contingency) $413,376 Remaining Balance Developer Fees Account $486,178

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT

Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

ATTACHMENTS:

Downtown Dog Park Conceptual Design
Evaluation Scores and Rankings
David Volz Design Revised Cost Estimate
Professional Services Agreement - David Volz Design

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XXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXX
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
NO

PARKING
24'-0"
24'-0"
12'-0"
40'-0"
8'-0"
8'-0"
6'-0"
6'-0"
5'-0"
8'-0"
8'-0"
5'-0"
R20'-0"
R20'-0"
R20'-0"
R20'-0"

SHADE TREE
ACACIA ANEURA / MULGA 24" BOX
PROSOPIS X 'PHOENIX' / PHOENIX THORNLESS MESQUITE 24" BOX

ACCENT TREE
ACACIA WILLARDIANA / PALO BLANCO 24" BOX
CERCIDIUM X 'DESERT MUSEUM' / DESERT MUSEUM PALO VERDE 24" BOX

LARGE SHRUBS
CAESALPINIA PULCHERRIMA / RED BIRD OF PARADISE 5 GAL.

TECOMA STANS STANS / YELLOW BELLS 5 GAL.

MEDIUM SHRUBS
CALLIANDRA X 'LIANCA' / SIERRA STARR® FAIRY DUSTER 5 GAL.

CHRYSACTINIA MEXICANA / DAMIANITA 5 GAL.

EREMOPHILA MACULATA 'VALENTINE' / VALENTINE SPOTTED EMU BUSH 5 GAL.

LEUCOPHYLLUM FRUTESCENS 'COMPACTA' / COMPACT TEXAS SAGE 5 GAL.

SMALL SHRUBS
DALEA CAPITATA 'SIERRA GOLD' / SIERRA GOLD DALEA 5 GAL.

EREMOPHILA HYGROPHANA 'BLUE BELLS' / BLUE BELLS EMU BUSH 5 GAL.

ACCENT SHRUBS
ALOE X 'BLUE ELF' / BLUE ELF ALOE 5 GAL.

HESPERALOE PARVIFLORA / RED YUCCA 5 GAL.

YUCCA PALLIDA / PALE-LEAF YUCCA 5 GAL.

LEGEND
MARCH 20, 2023
0' 10' 20' 40' 80'
NORTH

DOWNTOWN DOG PARK
Cathedral City, CA

BUDDY ROGERS AVE

DESCRIPTIONSYM
3" DECOMPOSED GRANITE - FINES (PLANTING AREA) (12,302 SF) COLOR/MODEL: DESERT GOLD
MANUFACTURER: SOUTHWEST BOULDER & STONE
6' TALL WELDED-WIRE FENCE WITH 8" WIDE X 6" DEEP CONCRETE

EDGEBAND BELOW FENCE (DOG PARK)
COLOR / MODEL: WIREWORKS PLUS / POWDER-COATED BLACK
MANUFACTURER: AMERISTAR
6' TALL CHAIN-LINK FENCE WITH 8" WIDE X 6" DEEP CONCRETE

EDGEBAND BELOW FENCE (PICKLE BALL COURT)
COLOR: POWDER-COATED / BLACK
42" TALL CHAIN-LINK FENCE WITH 8" WIDE X 6" DEEP CONCRETE

EDGEBAND BELOW FENCE (IN-BETWEEN PICKLE BALL COURTS)
COLOR: POWDER-COATED BLACK

A EXISTING BUILDING PROTECT IN PLACE - INTERIOR AND EXTERIOR

IMPROVEMENTS TO BE PROVIDED AS NECESSARY - EXTERIOR
LIGHTS TO BE ADDED TO BUILDING.

LARGE DOG AREA
(13,853 SF)

SMALL DOG AREA
(10,713 SF)

PROPERTY LINE
(APPROXIMATE

LOCATION)

PROPERTY
LINE
(APPROXIMATE

LOCATION)
6" THICK CONCRETE PAVING WITH REINFORCEMENT AND BASE -
NATURAL GRAY (6,870 SF) (PARKING LOT)
4" THICK CONCRETE PAVING WITH REINFORCEMENT AND BASE -
NATURAL GRAY (7,421 SF)
6" THICK CONCRETE PAVING WITH REINFORCEMENT AND BASE (5,424 SF) (PICKLE BALL COURT)-
SURFACING: PLEXIPAVE ACRYLOTEX COLORED SURFACING
COLOR: SHALL BE CONFIRMED BY CITY- STRIPING COLOR: WHITE 3" DECOMPOSED GRANITE - STABILIZED (6,630 SF)
COLOR / MODEL: BRIMSTONE
MANUFACTURER: SOUTHWEST BOULDER & STONE
4"-8" RUBBLE (6,678 SF)
COLOR / MODEL: BAJA CRESTA RUBBLE
MANUFACTURER: SOUTHWEST BOULDER & STONE

BOULDERS
COLOR / MODEL: BAJA CRESTA BOULDERS
MANUFACTURER: SOUTHWEST BOULDER & STONE2'
4'
6" WIDE X 6" DEEP CONCRETE EDGEBAND1
1 1
PARKING LOT STRIPING2
ADA PARKING STRIPING3
ADA PARKING SIGN4
4 CONCRETE WHEEL STOP5
5 4
2 CONCRETE RAMP WITH TRUNCATED DOMES6
6 5
3 3
TYP.
6" CONCRETE CURB7
8 A
X X X

EXISTING CHAIN-LINK PERIMETER FENCE - PROTECT IN PLACE - REPAIR AREAS OF DAMAGE AS NECESSARY. REMOVE EXISTING
GATES AND REPLACE WITH FENCE FABRIC.

B

EXISTING BLOCK PERIMETER WALL - PROTECT IN PLACEC

EXISTING CONCRETE SIDEWALK - PROTECT IN PLACED
B
B
B
B
C
C
C
1 D
D D
CONCRETE ACCESSIBLE RAMP WITH HANDRAILS8
7 TYP.
7TYP.
7TYP.
12" WIDE CONCRETE MAINTENANCE BAND9
9 9
NATURAL GRASS - HYBRID BERMUDA (11,200 SF)
9 9
WATER QUALITY AREA10
10 10
LANDSCAPE SLOPES - 4:1 MAXIMUM11
11 11
11 11
6' TALL X 3' WIDE WELDED WIRE SINGLE SWING GATE (DOG PARK) COLOR / MODEL: WIREWORKS PLUS / POWDER-COATED BLACK
MANUFACTURER: AMERISTAR
12 12
12 12
6' TALL X 6' WIDE WELDED WIRE DOUBLE SWING GATE (DOG PARK) COLOR / MODEL: WIREWORKS PLUS / POWDER-COATED BLACK
MANUFACTURER: AMERISTAR
13 13
6' TALL X 3' WIDE CHAIN-LINK SINGLE SWING GATE (PICKLE BALL COURT) COLOR: POWDER-COATED BLACK14
6' TALL X 5' WIDE CHAIN-LINK SINGLE SWING GATE (PICKLE BALL COURT) COLOR: POWDER-COATED BLACK15
14 14
15 30' X 34' FABRIC SHADE STRUCTURE WITH INTEGRATED LIGTHING MODEL: FULL HIP, JOINED DOUBLE CANTILEVER
COLOR: SHALL BE CONFIRMED BY CITY
MANUFACTURER: USA SHADE
16 16

PICKLE BALL POSTS / NET & STRAP
POSTS: COLOR / MODEL: LA-PBP3-BG-3 1
2 " OD PICKLE BALL W/ NET
TIGHTENER / 510 BLACK
NET: COLOR / MODEL: LA-PB-NC-PICKLEBALL NET 36" X 21'9" W/ CABLE

THRU TOP BINDING
MANUFACTURER: LA STEELCRAFT
17 17
17 17
17 DRINKING FOUNTAIN WITH BOTTLE FILLER & DOG BOWL / GATE VALVE COLOR/MODEL/FINISH: 10145SM, SURFACE MOUNTED / BLACK /SMOOTH MANUFACTURER: MOST DEPENDABLE FOUNTAINS
18 20
18 DRINKING FOUNTAIN WITH BOTTLE FILLER / GATE VALVE
COLOR/MODEL/FINISH: 10155SM, SURFACE MOUNTED / BLACK / SMOOTH MANUFACTURER: MOST DEPENDABLE FOUNTAINS
19 19
DRYWELL AT DRINKING FOUNTAIN20
20 18
6' LONG STEEL BENCH
COLOR/MODEL/FINISH: 472-60HS/S-2, SURFACE MOUNTED / ARGENTO /

POWDER-COATED METAL
MANUFACTURER: DUMOR SITE FURNISHINGS
21 21
TYP.
21TYP.
5' LONG BOULDER BENCH
COLOR / MODEL: GOLD QUARTZITE BOULDERS
MANUFACTURER: SOUTHWEST BOULDER & STONE
22 22
23 23
13 22
22 22
23 TYP.
31 DESCRIPTIONSYM

LITTER RECEPTACLE WITH INTEGRATED RECYCLE BIN
MODEL/COLOR: SLURB -36 RB, SURFACE MOUNTED / POWDER-COAT / ALUMINUM TEXTURE/ GRILLWORK DESIGN: VERTICAL
MANUFACTURER: FORMS + SURFACES
24 24
24 24
24 24

ENTRY MONUMENT SIGN - POURED-IN-PLACE CONCRETE WITH
INSET LETTERING.25
25 PICKLE BALL COURTS - 20' X 44'26
26 26
26 26

DOG PARK / PATH LIGHTING

LED POST LIGHT WITH TYPE II DISTRIBUTION CLEAR POLYCARBONATE LENS & STEP DIMMING MOTION SENSOR. MOUNT ON 14'-0" X 5" ROUND

ALUMINUM POLE
MANUFACTURER / MODEL: KIM LIGTHING #UR20 24L-65 35K8 2CP SERIES 27 27
TYP.
27TYP.
27TYP.
27 TYP.
27 TYP.

PARKING LOT LIGHTING
SINGLE HEAD PARKING LOT FIXTURE WITH 25'-6" POLE, 4000K, TYPE 3

DISTRIBUTION
MANUFACTURER / MODEL: DSX1 LED P6 40K T2M MVOLT
POLE: SSA 25-6 T35 DM9AS
28 28
28 28
20 27TYP.

PICKLE BALL COURT LIGHTING
SINGLE HEAD LED FIXTURE, POLE MOUNTED AT +29'-7" ABOVE GROUND.

TYPE IV DISTRIBUTION. PROVIDE TRUNNION MOUNT. POLE ROUND 29'-0" TALL
MANUFACTURER / MODEL: VISIONAIRE LIGHTING
#BLX-II-8-T4-256LC-10-5K-UNV-TM
29 29
29 29
29 ENTRY MONUMENT SIGN LIGHT
COLOR/MODEL/FINISH: C-WW G4 UP LIGHT / BRONZE
MANUFACTURER: FX LUMINAIRE
30 30
31 31
TYP.

TYP. TYP.
22TYP.

EXISTING TREE - PROTECT IN PLACE

CONCRETE DOG BONE BENCH
MODEL / COLOR / TEXTURE: 499 DOG BONE BENCH / SAN DIEGO BUFF /

LIGHT SANDBLAST
MANUFACTURER: OUTDOOR CREATIONS INC.
23 DOG WASTE DISPENSER & SIGN
DOG WASTE SIGN MODEL: 1203, MOUNT ON FENCE POST
DOG WASTE DISPENSER: 1002-2, MOUNT ON FENCE POST
COLOR/FINISH: GREEN / POWDER-COATED
MANUFACTURER: DOGIPOT
31 CONCEPT PLANT SCHEDULE
TYP.

TYP.

TYP.
1 1
23TYP.
21 TYP.
21 TYP.

SURFACES

SITE FURNISHINGS

LIGHTING
TREES
DECOMPOSED GRANITE - FINES “DESERT GOLD”
DECOMPOSED GRANITE - STABILIZED “BRIMSTONE”
BOULDERS - “BAJA CRESTA ”
4”-8” RUBBLE “BAJA CRESTA ”

PICKLE BALL SURFACING

16. FABRIC SHADE STRUCTURE

22. 5’ LONG BOULDER BENCH

21. 6’ LONG STEEL BENCH

23. CONCRETE DOG BONE BENCH

WELDED-WIRE FENCE - WIREWORKS PLUS

24. LITTER RECEPTACLE

WITH INTEGRATED RECYCLE
BIN

19. DRINKING FOUNTAIN WITH

BOTTLE FILLER

18. DRINKING FOUNTAIN WITH

BOTTLE FILLER & PET BOWL

31. DOG WASTE

DISPENSER & SIGN

17. PICKLE BALL POSTS / NET & STRAP

27. DOG PARK /

PATH LIGHTING

28. PARKING LOT LIGHTING

29. PICKLE BALL COURT LIGHTING

30. ENTRY MONUMENT

SIGN LIGHT
CERCIDIUM X ‘DESERT MUSEUM’ - DESERT MUSEUM PALO VERDE
PROSOPIS PHOENIX X ‘PHOENIX’ - THORNLESS MESQUITE

ACACIA WILLARDIANA - PALO BLANCO

ACACIA ANEURA - MULGA

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Packet Pg. 215
Attachment: Downtown Dog Park Conceptual Design (3889 : Award Professional Services Agreement with David Volz Design for the Downtown Dog Park Design) Scores David Volz Design Verde  Design, Inc. BMLA,  Inc.

Rater 1 91 85 74
Rater 2 86 83 78
Rater 3 91 95 85
AVERAGE 89.33 87.67 79.00
Rankings David Volz Design Verde  Design, Inc. BMLA,  Inc.

Rater 1 12 3
Rater 2 12 3
Rater 3 21 3
AVERAGE 1.33 1.67 3.00
RFP Evaluations ‐ Downtown Dog Park
RFP Evaluations ‐ Downtown Dog Park

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Packet Pg. 216
Attachment: Evaluation Scores and Rankings (3889 : Award Professional Services Agreement with David Volz Design for the Downtown Dog 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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Packet Pg. 217
Attachment: David Volz Design Revised Cost Estimate (3889 : Award Professional Services Agreement with David Volz Design for the

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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Packet Pg. 218
Attachment: David Volz Design Revised Cost Estimate (3889 : Award Professional Services Agreement

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 Task 1 - Project Initialization
Task 2 - Community Review & Presentation
Task 3 - Preliminary Concept Plans
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 21 WK 22 WK 23 WK 24 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 Task 1 - Project Initialization
Task 2 - Community Review & Presentation
Task 3 - Preliminary Concept Plans
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
Work effort Milestone City review
MONTH 6 MONTH 7 MONTH 8 MONTH 9 MONTH 10
MONTH 1 MONTH 2 MONTH 3 MONTH 4 MONTH 5

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Packet Pg. 219
Attachment: David Volz Design Revised Cost Estimate (3889 : Award Professional Services Agreement C:\RICK\Projects\C_RIV_G\16749\16749D_KMW\2023\Cathedral City RFQP Downtown Dog Park\20230823 Cathedral City Downtown Dog Park Volz Survey and Civil Rev.doc
August 7, 2023
August 23, 2023
Mr. David Volz, RLA LEED
David Volz Design Landscape Architects, Inc
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
SUBJECT: PROPOSAL FOR PRELIMINARY AND FINAL CIVIL ENGINEERING SERVICES

FOR THE CITY OF CATHEDRAL CITY DOWNTOWN DOG PARK PROJECT RICK ENGINEERING COMPANY JOB NUMBER 16749D
Dear Mr. Volz:

Pursuant to your request, Rick Engineering Company is pleased to present this proposal to provide professional civil engineering services for the subject project.

I. PROJECT LOCATION
The City of Cathedral City Downtown Dog Park is located at 68752 Buddy Rogers Ave.

II. PROJECT DESCRIPTION
The project proposes design services for the Downtown Dog Park on 1.38 Acres of City-owner land. The City Park was previously used as a baseball field with a restroom building. The Downtown Dog Park will include two fenced dog park areas, four pickle ball courts, one parking lot, one shade structure, one existing restroom facility (protect in place), six drinking fountains, three benches, entry signage, and a storm water quality area.

III. SCOPE OF WORK
Consultant agrees to perform the following listed services for the compensation stated in IV below.

A. Preliminary Engineering (Conceptual Design)

1. Boundary Survey and Easement Plot
Consultant will field survey surrounding monumentation and plot the available mapped project boundary for the subject site based on survey, existing mapping, review of a title report (provided by client) and plot the plottable easements on project site. Scope is prevailing wage.

There is a parcel line on the assessor’s map between 687-180-11 and -09 that we have no record of being mapped. The fire station building looks like it falls right on that lot line between -09 and -11. The city owns both pieces of property but to show that line that sits under the fire station (137.74’ on the assessor’s map) would require a Record of Survey.

If the City has a document moving that Lot line to the split between the dog park and the fire station we can plot it but would still require a Record of Survey if it has not been

7.C.c
Packet Pg. 220
Attachment: David Volz Design Revised Cost Estimate (3889 : Award Professional Services Agreement with David Volz Design for the Mr. Volz
August 23, 2023