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AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
INTERWEST CONSULTING GROUP
FOR ON-CALL ENGINEERING SUPPORT SERVICES FOR VARIOUS CITY
ENGINEERING DEPARTMENT PROJECTS
This Agreement for Design Professional Services (“Agreement”) is entered into as of July 1, 2025 (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and Interwest Consulting Group , 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, b y. request for qualifications / proposals the performance of the engineering support 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 de scribed 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 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:
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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 three (3) years commencing on the Effective Date , with the option to extend the AGREEMENT for an additional two (2) years. The option for extension will be provided in one (1) year increments commencing the Effective Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance . The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 2 5 “Administration and Implementation” or Section 2 7 “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. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSUL TANT's approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSUL TANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
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D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten ( 10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount.
After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Finn Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSUL TANT's approved Cost Proposal.
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations.
CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. Reimbursement for transportation and subsistence costs shall not exceed State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices electronically. Separate
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invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be e -mailed to [email protected] or mailed to LOCAL AGENCY's Contract Administrator at the following address:
Armando J. Garcia Baldizzone, P.E.
City Engineer
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $450,000.00 ($90,000 / year). It is understood and agreed that there is no guarantee either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
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 Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s
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work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its 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 Design Professional’s address indicated for receipt of notices in this Agreement.
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(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 Professional’s business, City may, by written request, require that custody of such documents or records be given to the City.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (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 City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
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(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 13. UNAUTHORIZED ALIENS.
Design Professional hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby ag rees to
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and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. 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 acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non - related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be
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considered "voluntary" provided Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Design Professional . As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub - consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City , its contractors and other design professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend shall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
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(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design
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Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is 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 Section 19 “Termination of Agreement .” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to,
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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 23. 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 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Interwest Consulting Group
Attn: Paul Meschino, President
9320 Chesapeake Drive, #208
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 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 26. 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
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commit additional funds, consistent with Section 2 7 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. 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 31. 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 32. 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
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addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. ELECTRONIC SIGNATURE.
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.
SECTION 35. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
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IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY INTERWEST CONSULTING GROUP
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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 ____________________, 2025 ,
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
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 ____________________, 2025 ,
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
A-1
EXHIBIT "A"
SCOPE OF SERVICES
8 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects c. Understanding and Approach of Services
“We define ourselves by the strength of our relationships with the people we work with and the people we work for.
Earning our clients’ and employees’ trust by exceeding expectations is our ultimate measure of success.” Interwest provides services driven by core values and beliefs which define our corporate philosophy. These philosophies dictate how we approach our services to create the desired outcomes for the cities we serve. After thoroughly reviewing the Scope of Work outlined in the RFP, Interwest commits to delivering the following services to the City:
• Preparing for City signatures any necessary documents and coordinate with various City Departments to acquire and maintain funding and approvals.
• Performing plan reviews of grading, erosion control, street, storm drain, sanitary sewer, and water improvement plans along with hydrology studies, SWPPPs, and WQMPs prepared by outside design firms and City Engineering Department staff.
• Assisting in the preparation of formal and informal requests for proposals for design and/or construction projects and summarize proposals received.
• Monitoring and report on project status, budget vs. actual expenditures, and contract time vs. actual time. • Providing design and construction services for minor Capital Improvement Projects. • Preparing and track project schedules.
• Preparing correspondence, reports, and memoranda necessary to administer projects. • Assisting with TPPS, FTIP , CVAG, RCTC, SCAG, and related governmental agency projects. • Other duties as assigned by the Director of Engineering / Public Works.
We understand the Engineering Department’s emphasis on the importance of timely plan review services in order to minimize the costs to the Community Department brought about by delays in the plan-check process. We have structured our project staffing model to meet or exceed the turnaround times in the current performance schedule and “fast track” performance schedule for engineering plan check services of plans or maps.
In alignment with the City’s expectations, our goal is to provide a complete and thorough plan check of the initial submittal, following up with the City’s Project Engineers and staff to ensure that all comments are adequately addressed so that final plans are ready to be approved and signed by the City Engineer no later than the third submittal.
In addition, Interwest has reviewed the City’s list of current projects and tasks assigned, and are proud to offer our Grant Support Services and Real Estate and Right of Way Acquisition Services.
Section 3 / Scope of Work
Task 1: Engineering Plan Check and Plan Review
All plans examination services will be performed by a licensed Civil Engineer. For more complex projects and when needed to meet peak workload demands, additional support will be provided from our regional offices. Our plans examiners understand and are intimately familiar with applicable state and federal requirements, industry standards, and plan review procedures and will readily assist with solutions to complicated plan review issues.
Our staff will work with project applicants in a collaborative and professional manner to quickly identify and resolve violations of codes, standards or local ordinances. They will provide thorough plan reviews in an effort to ensure complete and accurate actions.
The discussion above describes Interwest’s philosophy and approach of “how” we do our work. A typical scenario for “what” we do related to the review and processing of improvement plans; grading and erosion control plans; final and parcel maps; water, sewer and recycled water improvement plans; storm water standards questionnaire and storm water quality management plans is outlined on the following pages.
9 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects Interwest staff provide plan reviews for:
Completeness of application and submittals - Review development applications for adequacy and compliance with the City Municipal Code, City Engineering Standards, City Landscape Manual, the latest Storm Water Quality Regulations and Best Management Practices, Local Municipal Water District Standards, and other applicable codes and standards used by the City.
Engineering quantity estimates and costs - Review engineering quantities for accuracy and cost estimates for reasonableness of unit costs based on current industry trends.
Rough and precise grading improvement plans - Review/check plans for compliance with the projects Conditions of Approval, as well as City codes and regulations including onsite drainage and all offsite improvements and Geotechnical Report review for grading permits and special projects.
Drainage, Storm Drain and Flood Control - Review/check improvements, utility and grading plans with subdivision submittals for compliance with the City Hydrology Manual and related LID development measures.
Hydrology and Hydraulics - Review/check reports for compliance with projects Conditions of Approval as well as the City Drainage Design Standards, Hydrology Manuals, Local Drainage Manual. Utilize appropriate hydrology and hydraulics software programs.
NPDES and AQMD Guidelines - Review federally and state mandated reports required under the NPDES and AQMD guidelines.
Street Improvement Plans, signing and striping plans, traffic signal plans and traffic studies/reports - Review/check plans for compliance with the projects Conditions of Approval, as well as with the following: City Standards and Design Manual, Caltrans Highway Design Manual, Caltrans Traffic Manual, Caltrans Standard Plans and Specifications, County Hydrology Review engineering
quantities for accuracy
and cost estimates for
reasonableness based on
current industry trends.
Review for
compliance with
conditions of
approval, codes
and regulations.
Review geotechni-
cal report for
grading permits.
Review/check improvements,
utility and grading plans with
subdivision submissions for
compliance with
municipal hydrology
manual and LID
measures.
Review domestic and reclaimed
water and sanitary sewer
improvements.
Review federal and state reports
required under NPDES &
AQMD guidelines.
Review/check plans for compliance
with conditions of approval,
municipal standards & design
manual, all Caltrans manuals,
county hydrology manuals,
municipal drainage
manual, ADA, and
California Title 24
requirements.
Review/check reports
for compliance with
conditions of
approval, drainage
design standards,
hydrology manuals,
and drainage manual.
Utilize appropriate
software applications.
COMPLETENESS
OF APPLICATION
& SUBMISSIONS
ENGINEERING
QUALITY ESTIMATES
& COSTS
ROUGH & PRECISE
GRADING
IMPROVEMENT
PLANS
DRAINAGE, STORM
DRAIN & FLOOD
CONTROL
HYDROLOGY
& HYDRAULICS
NPDES & AQMD
GUIDELINESUTILITY PLANS
PLANS:
STREET
IMPROVEMENT;
SIGNING & STRIPING;
TRAFFIC SIGNAL;
TRAFFIC STUDIES
PLAN
EXAMINATION
SERVICES
Review for completeness and
compliance with all municipal,
engineering, water district, and
landscape codes & regulations.
10 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects Manuals, Local Drainage Manuals, the Americans with Disabilities Act, and California Title 24 requirements.
Utility plans - Review utility plans including domestic and reclaimed water and sanitary sewer improvements.
Tract and parcel maps - Review tract and parcel maps for the procedure of survey review, mathematical closure, and compliance with Subdivision Map Act, the Land Surveyor’s Act, the approved tentative map, the approved conditions of approval and a current title report.
Lot Line Adjustment - Review lot line adjustment documents as needed.
Legal Descriptions - Oversee the preparation of legal descriptions and plats for the City for easements or rights-of-way.
Surveying and Maps - Oversee land surveying and map/easement or legal description preparation.
Plan Check Guidelines - Assist with development of engineering design standards and guidelines to help with the plan checking process.
Planned Developments - Review plans for consistency with other planned developments.
Reviews include evaluation of required reports, studies, grading and improvement plans, and design professional’s recommendations. Each plan review is assigned to a design plan reviewer with oversight of the project manager. The assigned design plan reviewer will be committed to the project and will furnish all subsequent submittal reviews for the project. This maintains a consistent review and avoids “late hit” comments.
Map checking will be overseen by professional engineer’s licensed to practice land surveying or by licensed Land Surveyors.
Soil reports will be evaluated, and confirmation of recommendations will be included on the plans. Boundary conditions will Oversee land surveying
and map/easement or
legal description
preparation.
Review plans for
consistency with other
planned developments.
MAP CHECKING WILL BE OVERSEEN BY PROFESSIONAL ENGINEER/parenleft.caseS/parenright.case LICENSED TO PRACTICE LAND SURVEYING OR BY LICENSED LAND SURVEYORS.
Oversee the preparation
of legal descriptions and
plats for easements or
rights-of-way.
Assist with development
of engineering design
standards and guidelines
to help with the plan
checking process.
Review lot line adjustment
documents as needed.
Review tract and parcel
maps for the procedure of
survey review,
mathematical closure, and
compliance with
Subdivision Map Act, the
Land Surveyor’s Act, the
approved tentative map,
the conditions of
approval, and a current
title report.
TRACT &
PARCEL MAPS
PLAN CHECK
GUIDELINES
LOT LINE
ADJUSTMENT
SURVEYING
& MAPS
PLANNED
DEVELOPMENTS
LEGAL
DESCRIPTIONS
MAP EXAMINATION SERVICES
11 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects Review Checklist
Interwest uses our extensive experience with local government and expansive network of relationships with local agencies, public utilities, and regional Councils of Government (COGs) to develop numerous checklists and plan-check process documents for client agencies to assist both our plan check engineers and developer’s consultants in the plan submission and review process. Examples include:
• Grading Certification & Compaction Report Review
Checklist
• Grading Plan Preparation Checklist
• Grading Plans (Mass/Rough/Precise Grading)
Checklist
• Improvement Plan Submissions Checklist
• Utility Plan Checklist
• Legal Documents Submissions Checklist
• Hydrology Report Checklist
• WQMP Review Checklist
• NPDES Construction Inspection Form
• Tentative and Final Map Checklists
Proposed Turnaround Times for Public Works Plan Check
Plan checking shall follow a set schedule of turnaround time frames as established by the City. It is strongly expected that plan checks should not exceed three (3) total plan check cycles. Turnaround times are not to exceed the following time frames.
For larger more complex projects, we propose an additional five (5) working days to the turnaround time frames listed above.
Periodic meetings shall be scheduled to discuss plan check issues with the City’s project engineers. Unless otherwise directed by City staff, no plan check shall be returned to the developer, or the developer’s representative, until the City’s project engineers have been updated on the status of the plan checks being returned.
Plan Check turnaround times: For any reason, if a plan check is expected to exceed three (3) cycles, Interwest shall inform the City’s engineering staff, and a meeting will be coordinated by Interwest staff and developer to resolve outstanding issues.
To the extent feasible, Interwest shall perform a thorough review with the first submittal of plans to avoid new comments on any subsequent submissions.
Task 2: Project Management and Administration
Interwest has extensive experience and success in developing and implementing municipal public works projects, including those with State and/or Federal funding requiring compliance with the Caltrans Local Assistance Procedures Manual. We create and apply management systems that work and carefully monitor program effectiveness by closely tracking work quality, quantity, and cost. Our approach begins with the identification of specific project priorities and their scheduled completions.
Delivering large-specialized Capital Projects under aggressive schedules involves management, administration, and oversight of project development teams from inception to completion. Project management to Interwest means complete ownership of all aspects including project delivery, funding, project development, and programming. We measure our success in meeting deadlines, project budgets and most importantly, our client’s expectations. Additionally, we can assist the City throughout project construction, providing services including:
Developing an RFQ/RFP to hire a consultant for Construction Administration and Inspection of the project, project schedule and prioritization, project meetings, document control, project scoping, quarterly reporting, construction bidding and construction inspection.
12 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects Task 3: Grant Management Services
The Interwest team have successfully secured funding through competitive grants from Federal, State and Regional agencies for our clients, allowing them to leverage funding to construct and deliver vital improvements and programs to their community.
We recognize that grants available to municipalities can have many facets so we are available to assist in all areas. Our expertise in public works grants provides a strong basis to support the City in multiple areas. Our extensive experience in public works grants spans several areas such as parks and recreation, public safety, environmental sustainability, and economic and community development. Recent initiatives to incorporate arts, affordable housing and social services/homelessness into transportation grants allows us to leverage our expertise to assist public agencies in these areas.
Grant Research
With an understanding of what the City needs, Interwest can seek funding opportunities to match the current need.
Interwest can review past/current grants the City has received to properly identify potential grants that are most viable and competitive for the City. Research shall include understanding all grant program eligibility information and application submittal requirements.
Grant Administration
The Interwest team will provide grant administration services for the City’s state and federal transportation grant-funded projects and programs.
Grant Management - Interwest will review the budget, timeline, and scope of work for awarded grants and work with City staff and the Project Manager to communicate any necessary updates and requirements. Interwest will review the terms of terms of the grant agreements for any necessary changes to the approved scope or budget, to be made in compliance with the terms of the executed grant. This ensures that all contracts meet the requirements set forth by the granting agency.
Interwest will maintain a list of awarded grants, noting project status, reimbursements, amendments, and milestones. This list will be updated on a regular basis and shared with the City to ensure that budget line items and milestones are met.
Grant Reporting - Interwest will establish a grant reporting schedule per each granting agency and project. Interwest will work with City staff and the Project Manager to collect all data and information needed for grant reports. All necessary documentation for grant reports will be complied and provided to the City for submittal to the granting agency.
Grant Close-Out - Upon completion of a project, Interwest will confirm all grant requirements have been made and no obligations are remaining. Interwest will assist the City in preparation of all close-out documentation per the requirements of the granting agency.
• Develop Draft Applications - The Interwest team will prepare at least two successive iterations of the draft applications for each project.
• Prepare Final Applications and Submittal - The Interwest team will prepare final grant application packages and submittal of application to granting agencies or foundations, as allowable under grant guidelines.
Grant Writing
Interwest will coordinate and facilitate kick-off meeting(s) for grant applications once a Task Order has been issued. Interwest will present grant program guidelines, application approach, candidate projects, a detailed work plan and schedule, application templates, and a draft application checklist. The checklist will identify parties responsible (e.g. Interwest team, City staff, external project partner, etc.) for completing or addressing checklist items. • Review Program and Project Documents - Interwest will ensure that applications are competitive and responsive to the screening and scoring criteria of a given grant program. • Identify and Address Missing Project Data - Interwest will identify missing project data and how the data will be produced to meet application requirements and evaluation criteria. • Compile and Review Project Information - Interwest will compile and develop all relevant project information and exhibits, including project cost estimate, funding plan, narrative, project’s benefits, and other information and data, graphics, maps, charts, tables or photos pertinent to addressing grant program requirements and evaluation criteria and to producing a competitive application.
13 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.
City of Cathedral City | Work Proposal
“On-Call” Engineering Support Services for Various City Engineering Department Projects Task 4: ROW Acquisition
Interwest brings nearly two decades of providing right of way services to a number of California agencies and we have a strong history of providing these services. Together, our industry-leading right of way professionals have an average of 21 years of experience delivering right of way services to the public sector. Additionally, due to their years of experience, our agents exercise sensitivity, fairness and respect to property owners throughout the right of way process. Our ability to follow procedure and ensure quality without curbing progress is unrivaled. Our team has completed approximately 8,000 acquisition and relocation assignments for more than 300 projects.
Acquistion: Settlements and Closings
Review Plans: Review project plans to become familiar with the project and its impacts on various properties.
Verify Conformance: Verify that any legal descriptions, plat maps, right of way plans, surveys and appraisals correspond and are accurate.
Offer Letter: Prepare and present the written offer letter to the property owner along with the appraisal summary of value, purchase agreement, deeds, escrow instructions, brochure, and agent’s business card upon the initiation of negotiations after review and approval by City’s representative. Submit all legal documents for City’s legal counsel to review when language is added, deleted, or revised.
Acquisition and Negotiation: Conduct negotiations for the acquisition of each parcel in accordance with all federal and state policies and procedures including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to out-of-area owners will be sent via certified mail with a return receipt.
Administrative Settlement Recommendations: Provide the City with a written recommendation and support documentation for all counter offers and proposed settlement terms for review and approval.
Open and Monitor Escrows: Coordinate with the selected title company and open escrows on all purchases. Interwest monitors escrows, reviews all escrow documents, requests funds, ensures that the City receives title insurance policies in the amount of the purchase cost of the land/improvements, and clears title to all properties acquired.
City and Owner Liaison: Provide liaison duties between City and property owners.
Contact Documentation : Thoroughly document contact with property owners and/or their representatives, indicating attendees, the time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact and are housed in a permanent acquisition file.
Parcel Files: Establish and maintain an accurate and complete working file for each parcel in a professional and standard format. Additionally, all pertinent project files are maintained in electronic formats and provided to the City at completion of the project.
Meetings: Attend any required or additional meetings, as deemed necessary by the City to communicate progress and discuss project issues.
Close-Out Acquisition File: Complete a final quality assurance/quality control review on the file for close- out, provide final status reports to the City, and deliver final files to the City upon completion of the project.
B-1
EXHIBIT "B"
COMPENSATION
Local Assistance Procedures Manual
Note: Mark-ups are Not Allowed
Consultant er Subconsultant
Project No. Contract No. N/A N/A Date 4/14/2025
Fringe % + Overhead % + G&A % = Combined Indirect Cost Rate (ICR) % Office Staff Rate 40.08% 53.82% 93.90%
(= 0% if Included in OH) (= 0% if Included in OH) FEE % = Actual or Avg.
Straight OT(1.5x) OT(2x) From To hourly rate3 Stuart Mckibbin $200.09 $300.13 $400.17 5/1/2022 4/30/2023 $91.35 0.00% $130.00 $155.00 Project Manager $210.09 $315.14 $420.18 7/1/2023 6/30/2024 $95.91 5.00% $220.60 $330.89 $441.19 7/1/2024 6/30/2025 $100.71 5.00% Matt Simonetti $164.28 $246.42 $328.56 5/1/2022 4/30/2023 $75.00 0.00% $140.00 $170.00 Senior Engineer $172.50 $258.74 $344.99 7/1/2023 6/30/2024 $78.75 5.00% $181.12 $271.68 $362.24 7/1/2024 6/30/2025 $82.69 5.00% Tony Hui $142.38 $213.57 $284.76 5/1/2022 4/30/2023 $65.00 0.00% $150.00 $175.00 Senior Engineer $149.50 $224.25 $298.99 7/1/2023 6/30/2024 $68.25 5.00% $156.97 $235.46 $313.94 7/1/2024 6/30/2025 $71.66 5.00% Pavel Horn $164.28 $246.42 $328.56 5/1/2022 4/30/2023 $75.00 0.00% $100.00 $130.00 Senior Engineer $172.50 $258.74 $344.99 7/1/2023 6/30/2024 $78.75 5.00% $181.12 $271.68 $362.24 7/1/2024 6/30/2025 $82.69 5.00% James Young Park $142.38 $213.57 $284.76 5/1/2022 4/30/2023 $65.00 0.00% $150.00 $175.00 Senior Engineer $149.50 $224.25 $298.99 7/1/2023 6/30/2024 $68.25 5.00% $156.97 $235.46 $313.94 7/1/2024 6/30/2025 $71.66 5.00% Mauricio N. Diaz $142.38 $213.57 $284.76 5/1/2022 4/30/2023 $65.00 0.00% $130.00 $155.00 Senior Engineer $149.50 $224.25 $298.99 7/1/2023 6/30/2024 $68.25 5.00% $156.97 $235.46 $313.94 7/1/2024 6/30/2025 $71.66 5.00% Chuck Humpal $168.49 $252.74 $336.99 5/1/2022 4/30/2023 $76.92 0.00% $130.00 $155.00 Senior Engineer $176.92 $265.38 $353.84 7/1/2023 6/30/2024 $80.77 5.00% $185.77 $278.65 $371.53 7/1/2024 6/30/2025 $84.81 5.00% Henry Ngo $153.33 $230.00 $306.66 5/1/2022 4/30/2023 $70.00 0.00% $130.00 $155.00 Senior Engineer $161.00 $241.49 $321.99 7/1/2023 6/30/2024 $73.50 5.00% $169.05 $253.57 $338.09 7/1/2024 6/30/2025 $77.18 5.00% Liban Preciado $76.67 $115.00 $153.33 5/1/2022 4/30/2023 $35.00 0.00% $130.00 $155.00 Associate Engineer $80.50 $120.75 $161.00 7/1/2023 6/30/2024 $36.75 5.00% $84.52 $126.78 $169.05 7/1/2024 6/30/2025 $38.59 5.00%
Chad Sweet $179.03 $268.54 $358.05 5/1/2022 4/30/2023 $81.73 0.00% $130.00 $155.00 Traffic Engineer $187.98 $281.97 $375.95 7/1/2023 6/30/2024 $85.82 5.00% $197.38 $296.06 $394.75 7/1/2024 6/30/2025 $90.11 5.00% Helen Maggitti $136.90 $205.35 $273.80 5/1/2022 4/30/2023 $62.50 0.00% $130.00 $155.00 Grant Adminstrator $143.75 $215.62 $287.49 7/1/2023 6/30/2024 $65.63 5.00% $150.93 $226.40 $301.87 7/1/2024 6/30/2025 $68.91 5.00% Michael Long $0.00 $0.00 $0.00 5/1/2022 4/30/2023 $0.00 0.00% $130.00 $155.00 Professional Land Survery $0.00 $0.00 $0.00 7/1/2023 6/30/2024 $0.00 5.00% $0.00 $0.00 $0.00 7/1/2024 6/30/2025 $0.00 5.00%
Jeff Wellcome $0.00 $0.00 $0.00 5/1/2022 4/30/2023 $0.00 0.00% $130.00 $155.00 Senior Acquitision Agent $0.00 $0.00 $0.00 7/1/2023 6/30/2024 $0.00 5.00% $0.00 $0.00 $0.00 7/1/2024 6/30/2025 $0.00 5.00%
Notes:
2. The Cost proposal format shall not be amended.
NOTES: Dennis Haglan, PE Date
* Average Straight
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
EXHIBIT 10-H2 COST PROPOSAL
Name/Job Title/Classification1 Hourly Billing Rates2 Effective date of hourly rate Hourly range - for classifications only% or $ increase
Interwest Consulting Group, Inc. Prime Consultant Subconsultant Participation Amount $Cathedral City
Cost Proposal
1. Key Personnel must be marked wih an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
3. Billing rate = actual hourly rate * (1+ICR) * (1+Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
Exhibit 10-H2
BILLING INFORMATION CALCULATION INFORMATION
10%
2025 BILLING RATES
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) X
LPP 15-01 Page 1 of 2 January 14, 2015
Cost Proposal
Consultant
Project No. Contract No. Date
IMPORTANT NOTES:
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is their standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
1. List direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentations.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
Subconsultant 5:
NONE
Subconsultant 4:
Subconsultant 3:
Subconsultant 2:
Subconsultant 1:
Subconsultant 12:
Subconsultant 6:
Subconsultant 7:
Subconsultant 8:
Subconsultant 9:
Subconsultant 10:
Subconsultant 11:
EXHIBIT 10-H COST PROPOSAL (EXAMPLE #2) PAGE 2 OF 2
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
SCHEDULE OF OTHER DIRECT COST ITEMS
Interwest Consulting Group, Inc.
N/A
Prime Consultant Subconsultant
N/A 4/14/2025
PRIME CONSULTANT
TotalUnit CostUnitQuantityDESCRIPTION OF ITEMS
xX
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property 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.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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$1,000,000 per occurrence. This 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. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or 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.