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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ITERIS, INC.
This Agreement for Professional Services (“Agreement”) is entered into as of January 14, 2025, (“Effective Date”) by and between the City of Cathedral City , a municipal corporation (“City”) and Iteris, Inc. , a Municipal Corporation (“Consultant”).
City and Consultant 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. Consultant, 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. Consultant was selected by the City on the basis of Consultant’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 Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of 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 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year commencing on the Effective Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Consultant 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 Consultant 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 Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Consultant 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 6 “Administration and Implementation” or Section 2 8 “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 Consultant 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 Forty-Nine Thousand, Nine Hundred and Eight Dollars and Seven Cents ($49,908.07), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Consultant 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 subcontractor contracts. Subcontractor 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 Consultant to determine whether the work performed and - 3 -
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 Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept the Consultant’s work within sixty (60) days after being submitted to City. The city shall reject work by a timely written explanation, otherwise Consultant’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 Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 1 6 “Indemnification” and Section 17 “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 Consultant 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant 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 Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance ; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
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SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’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 Consultant 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 Consultant’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 Consultant’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) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant 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 Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
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(c) Neither Consultant , nor any of Consultant’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. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Consultant 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. Consultant 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, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’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 Consultant’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) Consultant 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.
Consultant 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. Consultant 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 Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Consultant 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 f unds. In this context, - 6 -
“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.
Consultant 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.
Consultant 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 Consultant 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, Consultant hereby agrees to 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) Consultant 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 Consultant’s performance of the Services. Consultant 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. Consultant 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 Consultant 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, Consultant 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 Consultant 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. Consultant 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. - 7 -
(d) City understands and acknowledges that Consultant 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 Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant 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) Consultant, 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 Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Consultant , 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 Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. 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 Consultant. As provided under Civil Code Section 2782.8, Consultant 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 - 8 -
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub -Consultants (or any entity or individual that Consultant 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 professionals, and Consultant, 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, Consultant shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Consultant’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 professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors . Consultant 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 Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 Consultant 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.
Consultant 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. Consultant agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Consultant 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 Consultant under this - 9 -
Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’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 20 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant’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 Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, 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 Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warr ant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, - 10 -
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 Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Consultant’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.
Consultant 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 Consultant. 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 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 Consultant 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 Consultant: Iteris, Inc.
Attn: Viggen Davidian, PE, Vice Present
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705
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.
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The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant 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 commit additional funds, consistent with Section 2 8 “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 Consultant 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 Consultant 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 - 12 -
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 addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant 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. FEDERAL FUNDS.
In the event the S ervices are funded either in whole or in part by the Federal Highway Administration Safe Streets and Roads for All Grant Program (SS4A Grant), Consultant shall comply with the requirements of Exhibit “D”, Federal High way Administration SS4A Grant Provisions.
SECTION 36. 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. - 13 -
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
Iteris, Inc.
___________________________
By: Viggen Davidian, PE
Its: Vice President
___________________________
By:________________________
Its:________________________
CITY OF CATHEDRAL CITY
__________________________
Anne V. Ambrose
Interim City Manager
ATTEST:
__________________________
Christina Burton
City Clerk
APPROVED AS TO FORM
__________________________
Eric S. Vail
City
Attorney
NOTE: CONSULTANT’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 CONSULTANT’S
BUSINESS ENTITY
A-1
EXHIBIT "A"
SCOPE OF SERVICES
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City
Iteris, Inc. | 7
iv. SCOPE OF WORK
The following section outlines Iteris’ approach to completing the work in alignment with the requirements of the RFP.
TASK 1: PROJECT MANAGEMENT/ADMINISTRATION
This task includes the initial kick -off of the project, and subsequent, regular progress meetings with the City, along with our plan for preparing deliverables of the highest quality.
1. Kick-off Meeting and Coordination Meetings
As illustrated on Figure 5 , o ur team will conduct a project kickoff meeting with the City of Cathedral staff. The outcomes of the kick-off will be included in the Project Management Plan to outline the detailed work plan and schedule.
2. Quality Control Plan
Iteris’ ability to implement high -quality deliverables is a result of the firm’s adherence to a Quality Assurance / Quality Control (QA/QC) program that ensures accuracy, product
usability, and an overall commitment to product excellence and client satisfaction. Iteris has a very detailed and thorough QA/QC process, which is presented in section H. As Project Manager, Mr. Kaushik will ensure Iteris’ commitment to these objectives by identifying goals at the outset of the project and monitoring the product implementation and delivery process.
3. Progress Meetings/Reports
Iteris will conduct ongoing monthly meetings over the duration of the project as well and may conduct more frequent
meetings (bi -weekly) during certain stages of the project as needed. Iteris will develop meeting agendas and circulate meeting notes for each meeting.
Deliverables
• Meeting Agendas and Minutes
• Detailed Work Plan and Schedule
• Monthly Progress Reports including supporting data
• Quality Control Plan
TASK 2: STAKEHOLDER OUTREACH
Meaningful stakeholder engagement is central to the success of an LRSP. Early engagement is critical to building trust and support, both of which are essential for implementing
effective and lasting safety improvements. This is not a one- time activity, but a continuous and evolving process that begins at project initiation and extends through completion.
Stakeholder outreach will be strategically carried out at key phases of the project, as outlined in the subtasks below:
At the onset of the project, the project team will collaborate closely with the Cathedral City staff to identify and map key stakeholders.
An
ticipated participants include: Cathedral City Public Works Department, Cathedral City Traffic Division , Cathedral City Police Department , Cathedral City Fire Department , and Connect Cathedral City. This list will be confirmed and expanded based on staff guidance to ensure all relevant voices are included.
As a part of this phase, stakeholder’s inputs will be gathered, used as a part of the technical analysis. Preliminary strategies will be developed and reviewed with the stakeholders. Based on their further input, the strategies will be refined to devise with the final recommendations.
Deliverables
• Stakeholder Engagement Plan and Schedule
• Consolidation of Feedback
TASK 3: BACKGROUND REVIEW, GOALS, AND OBJECTIVES
For this task, Iteris will work in close collaboration with Cathedral City staff to develop a detailed and comprehensive data collection plan. Iteris will utilize the most recent 5 -year collision dataset provided by the City to conduct a
comprehensive citywide safety analysis. The plan identify data requirements, define methodologies, and set clear timelines.
Iteris will work with the City to define the documents to be reviewed, to develop the “State of the System”, which may include:
State Plans/Policies:
• California Systematic Safety Analysis Report Program
Guidelines
• California Strategic Highway Safety Plan (SHSP)
• California Complete Streets Implementation Action Plan Figure 5 –Iteris PM Deepak Kaushik convening a
Stakeholder Meeting
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City
Iteris, Inc. | 8
• Caltrans Main Street, California, A Guide to Improving Community and Transportation Vitality
• C
altrans Complete Intersections
• Caltrans Local Roadway Safety Manual
• Caltrans Local Assistance Procedures Manual (LAPM)
with current amendments
• Caltrans Local Assistance Programs Procedures (LPP),
with current amendments
• US Department of Transportation Systematic Safety
Project Selection Tool
City Plans/Policies:
• Current Local Road Safety Plan (2021)
• General Plan
• North City Specific Plan
• North City Extended Specific Plan
• Citywide Design Guidelines
These documents will be summarized for their relevance to the Local Road Safety Plan (LRSP) and placed in a repository for reference as needed in subsequent tasks. Of note will be any already identified safety issues within the documentation, such as previously prepared safety studies or analysis. The document will include intersection and corridor level
implemented and planned improvements obtained from the
background review.
Plan Vision and Goals
Having a vision statement and list of goals that define specific and measurable actions would ensure efforts invested in creating a safety plan that would ultimately produce tangible results. We will draft LRSP goals in coordination with City staff for review by stakeholders which could include:
• Update the LRSP with the crashes from the last 5 years. • Reduce fatal and injury crashes on key roadways in the City.
• Incorporate data- driven, and systemic approach to
advance LRSP safety of local City roadways.
• Identify Priority safety corridors and 30 high priority intersections.
• Incorporate results from LRSP into normal funding circles of City business operations, such as roadway
infrastructure maintenance and capital improvements.
• Develop LRSP safety improvement projects to leverag
e
f
unding opportunities.
• Create ongoing process and/or procedures for
identifying and analyzing high collision locations.
• Regular outreach to schools and key communities to
generate on-going safety awareness to achieve a safety - first mindset.
• Generate comprehensive solutions based on 4 -
E
a
pproach for each Emphasis Areas (engineering,
enforcement, education, and emergency services).
A
final Vision and Goals will be developed for review by staff and used to inform the performance measures used to
prioritize countermeasures.
TASK 4: ANALYZE SAFETY DATA
Following the completion of data collection, Iteris will lead a thorough and multidisciplinary analysis of the gathered datasets to identify key transportation safety issues and opportunities across the Cathedral City.
The Iteris Team will use appropriate tools, including GIS, traffic operational tools, and manuals including Caltrans Manual on Uniform Traffic Control Devices (MUTCD), Highway Design Manual, Highway Safety Manual, American Association of
State Highway and Transportation Officials (AASHTO) to
conduct necessary safety analysis. The team will conduct a detailed analysis to identify the gaps in data, understand the needs, understand the safety concerns, and areas of
improvement.
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516
City of Cathedral City
Iteris, Inc. | 9
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City
Iteris, Inc. | 10
The analysis will include the following components:
Crash Analysis and Safety Trends
Ccrash data from the City will be analyzed to identify collision hotspots, high-risk travel behaviors, and trends over time. The analysis will include:
• Crash type, severity, and contributing factors (e.g., speeding, failure to yield, DUI).
• Driver state, surface conditions, lighting conditions, and weather conditions
• Weekly and Monthly distribution
• Identification of corridors and intersections with high concentrations of serious injuries and fatalities.
• Evaluation of vulnerable road users (pedestrians,
bicyclists, and motorcyclists) and overrepresented crash locations.
The data will be clearly organized in spreadsheet format to facilitate analysis and application in subsequent project tasks.
It is assumed that the City will provide any available crash data, traffic volume counts, design standards and specifications, and related plans for inclusion in analysis. In addition, any other data including Federal Railroad Administration highway/rail grade crossing incidents and trespasser data will be collected and analyzed.
This task will be coordinated closely with City staff in case field data review/collection is necessary to further refine collision factors or safety countermeasure identification. Below are the components of this data collection effort:
• Trend analysis of five -year collision data to identify recurrent collision locations which may be
appropriate for safety countermeasures.
• Geospatial analysis using the collision location and
the City’s GIS layers to correlate conditions to
collision factors to identify potential safety
countermeasures. These include pavement
age/condition, striping, roadway width, shoulder
width, bike lane, sidewalk, traffic control (e.g., signal, stop), speed limits, right -of-way, degree of curv
e
(
horizontal, vertical), elevation, and location.
• Traffic volumes, speed limits, and speed data
available will be collected from the City.
• Grade crossing and rail collision history analysis
Cathedral City - Crash And Outcome Analysis
Iteris has reviewed Cathedral City’s crash data obtained from TIMS for a 2 -year period from January 1, 2021, to December 31, 2023, to understand the types of crashes.
A r
eview of collision data indicates that broadside crashes represent the largest share of reported collisions (33.9%).
Rear-end crashes account for 15.7%, followed by hit -object (14.0%), sideswipe (11.2%), and head-on collisions (10.8%).
Less frequent crash types include vehicle/pedestrian (6.3%), overturned (4.5%), and other crash types (3.5%).
This distribution highlights the need to focus safety strategies on intersection operations and visibility improvements, given the high proportion of broadside and rear-end collisions.
Top 10 High Collision Corridors by Primary Collision
Factor (PCF)
An analysis of collision records from January 2021 through December 2023 was conducted to identify the top ten high- collision corridors and the most prevalent Primary Collision Factor (PCF) categories contributing to crashes on each roadway. The stacked bar chart illustrates the proportional distribution of five major PCF categories —Unsafe Speed, Improper Turning, Automobile Right -of-Way, Traffic Signals & Signs, and Other PCF Categories—across these corridors.
U
nsafe Speed is a major contributing factor on several
corridors, most notably on Varner Road (47%), Palm Drive (40%), and Whispering Palms Trail (25%), suggesting these locations may benefit from targeted speed management
interventions.
Improper Turning contributes significantly on corridors such as Landau Boulevard (25%), Palm Drive (20%), and Dinah Shore Drive (20%), highlighting the need for improved intersection design, turn controls, or driver visibility enhancements.
Automobile Right -of-Way violations are particularly high on Cathedral Canyon Drive (50%), indicating substantial conflicts at intersections or mid-block access points. Vista Chino (28%), Whispering Palms Trail (25%), and Landau Boulevard (25%) also show elevated occurrences within this category.
Compliance issues related to Traffic Signals and Signs appear prominently on corridors including Cathedral Canyon Drive (25%), Ramon Road (20%), and Dinah Shore Drive (20%),
suggesting potential needs for signal timing adjustments, enhanced visibility, or pavement marking improvements.
O
verall, the data reveals that “Other PCF Categories”
consistently account for a substantial share of collisions across most corridors, ranging from 13% to as high as 50%. This indicates a broad range of contributing behaviors and
conditions beyond the primary four violation types.
T
his corridor -level PCF assessment helps identify not only where collisions are occurring but why they are occurring.
These insights will directly inform the development of targeted safety countermeasures and project prioritization within the City’s Local Road Safety Plan (LRSP) and future safety funding applications.
SCOPE OF WORK iv
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Iteris, Inc. | 11
PEDESTRIAN COLLISION CONTEXT
An analysis of pedestrian -involved collisions reveals clear patterns in how and where these incidents occur. Nearly half of all pedestrian collisions (44%) happened while individuals were crossing in a marked crosswalk at an intersection , underscoring the need for enhanced intersection safety
measures such as improved signal timing, high -visibility crosswalks, and turning -movement controls Another 39% of collisions involved pedestrians crossing outside of a
crosswalk, indicating challenges related to midblock activity, desire lines, and gaps in pedestrian infrastructure. This trend highlights opportunities to evaluate corridor- level
improvements such as additional crossings, median refuges, traffic calming, and access management.
Collisions involving pedestrians walking within the roadway or shoulder accounted for 11% , suggesting potential issues related to incomplete sidewalks, narrow shoulders, or poor nighttime visibility. The remaining 6% involved pedestrians who were not in the roadway , reflecting isolated
circumstances but still signaling a need for context- specific safety enhancements.
O
verall, as illustrated on Figure 7, these findings point to the importance of a Safe System approach focused on safer
intersections, enhanced midblock facilities, continuous pedestrian infrastructure, and targeted education and
enforcement strategies. This can be used to help prioritize Action Plan improvements in areas where vulnerable
populations are most impacted by traffic safety concerns Deliverables
• High-Injury Network segments
• Collision Mapping
• Gap Closures
TASK 5: FIELD VISITS
Following the completion of the data analysis, our team will conduct comprehensive field visits to validate the findings and gain a deeper understanding of the on-the-ground conditions.
These visits will allow us to observe traffic operations, user behavior, roadway geometry, signage, lighting, and any
existing countermeasures already in place. By comparing field observations with analytical results, we can identify potential gaps, confirm safety and operational issues, and better understand contextual factors that may not be fully captured in the data. The insights gathered during these field visits will directly inform the selection and refinement of
countermeasures, ensuring that our recommendations are
both context-sensitive and feasible for implementation.
Deliverables
• Summary of Field Notes, Photographs and Videos
TASK 6: DEVELOP COUNTERMEASURES
With the completion of Task 4 and 5, we would have a good grasp of top collision locations, roadways and major collision trends and issues, as well as hot spots of pedestrian and bicycle collisions. While to this point all the information derived has been data driven, it is vitally important to provide a forum to hear from stakeholders on their experience of safety issues in the field.
Stakeholders will be given the opportunity to identify areas of concern. They could point out emphasis areas or address concerns.
An emphasis area is an area to improve safety through a comprehensive 4 -E approach to inform the selection of
strategies consistent with trends, primary collision factors, any deficiencies observed in the field, etc. identified during the data analysis stage conducted in Task 4.
Figure 7 – Pedestrian Crashes
There is no one-size-fits-all approach to safety
improvements. Our team will work closely with the
City to understand its specific needs, evaluate
previously implemented countermeasures, and
identify appropriate implementation strategies and
funding opportunities. As potential countermeasures
are developed, we will ensure they are context-
sensitive and tailored to local conditions rather than
applied solely based on data outputs. This approach
ensures that recommended strategies are practical,
community-aligned, and effective in improving
safety outcomes.
Iteris will develop prioritization based on the goals
and objectives discussed during the project
initiation
Figure 7 – Pedestrian Crashes
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City
Iteris, Inc. | 12
Iteris w ill w ork with t he C ity to id entify any previously identified or implemented countermeasures.
Listing the location, type of treatment, date of installation, status and any evaluation will assist in the identification of potentially successful and effective countermeasures in other par
ts of the City.Priority locations for safety improvements will be determined through a cost -benefit analysis of crash frequency, risk factors and clarity, socio economic factors, effectiveness of countermeasures, and stakeholder
involvement. Data items collected will be analyzed to
dete
rmine the risk factors associated with nominal safety
design (i.e. horizontal and vertical curves, roadway width, vehicle factors, environmental conditions, traffic signals, or lack thereof, and striping). The list of locations and potential associated countermeasures will be developed using the
crash
and roadway data. Using proven countermeasures from
various sources including FHWA’s Everyday Counts or Crash Reduction Factors (CRF) provided in the Caltrans Local
Roadway Safety Manual (LRSM), the Iteris T eam
will
incorporate context relevan t countermeasures and create a prioritized list of locations and low -cost infrastructure improvement countermeasures. This could include
modifications to existing facilities, and/or recommendations for new treatment measures. If multiple performance
measures are identified for a location, a benefit/cost (B/C) analysis may be conducted to further inform prioritization.
Field
review of proposed countermeasures may be conducted
to ensure the appropriateness/feasibility of the
recommendations. In addition, crash concentrations and
characteristics (system -wide and spot locations) will be used to
identify countermeasures appropriate to address future
collisions based on collision history. Potential safety mitigation toolbox and crash reduction factors would be summarized in a matrix. Iteris will work with City staff and stakeholders to iden
tify these strategies which could for m the basis for
system-wide improvement strategies.
Identify potential funding sources for countermeasures
The pr im
ary grant programs related t o s afety a re Highway
Safety I mprovement P rogram (HSIP), C ongestion M itigation and Air Q uality I mprovement ( CMAQ), S ection 130, S afe Streets fo r A ll I mplementation g rants, a nd S tate and Community Highway Safety Grant P rogram, c ommonly
referred t o as Se ction 402. As in dicated e arlier, consistency with Caltrans proven countermeasures will help improve grant application scores for future HSIP funding applications.
For the identified countermeasures, a matrix of eligibility for funding programs will be made and inform an
implementation strategy to maximize external funds
available for safety projects.
PRIORITIZE AND INCORPORATE
STRATEGIES
The prioritization of any opportunity to improve the safety of Emphasis Areas would be based on collaborative input from the Working Group (Iteris, City, stakeholders).
It is assumed that the emphasis is on implementation of LRSP strategies to address unique roadway safety needs,
practical approach to addressing safety needs and enable the City to provide streamline responses to safety challenges.
Prioritization will build on the safety analysis sand stakeholder engagement to identify high-r isk locations as well as those which will be most effectively addressed by safety feasible countermeasures and cost effectiveness. To effectively
prioritize and improve safety with limited funds,
the countermeasures will be categorized as short-
term, interim/mid-t erm and long-t erm improvements based on ease of implementation, timeframe, and funding
requirements.
Another level of prioritization based on stakeholder input, cost of implementation and available funding, benefit-t o-cost ratio and performance measures will be used for final
prioritization. The Iteris Team will develop a strategy for implementing preferred countermeasures, as well as a
procedure for the City to monitor safety outcomes to evaluate which measures have been effective. This task will include identifying potential funding sources for the City’s Capital Improvement Program including Pavement Management
Programs, safety grant funding measures.
Deliverables
• List (Microsoft Excel Format) of proposed
countermeasures as related to types of collisions,
data, and prioritized list.
• Recommendations Summary Categorized as Short-,
Mid- and Long-Term Strategies
TASK 7: LOCAL ROADWAY SAFETY PLAN
The Iteris Team will prepare a draft and final LRSP utilizing the results of Tasks 2 through 6.
The report is expected to include the following sections:
1. Introduction – Safety Vision and recommendations
2. Background –What is the problem we are trying to
solve?
3. Comprehensive Safety Analysis
4. Safety Planning Process and Partners to describe the plan development
SCOPE OF WORK iv
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City
Iteris, Inc. | 13
5. Emphasis Areas – Problem identification,
countermeasure development and implementation
approach
6. Evaluation and Implementation Plan
T
he LRSP will create the framework for the identification of safety issues, identification of effective safety
countermeasures, and defining a roadmap for implementation in the future as new data becomes available. Following receipt of the City’s comments on the draft project report, the Iteris Team will work with City staff to address any comments
received prior to the production of the final LRSP. The LRSP is intended as a framework document and therefore will be
developed as a resource for the City to st ructure its funding allocation and grant pursuit for roadway safety projects in the City. The Iteris Team will furnish the City with all data associated with the LRSP for future use as necessary within the plan.
Assisting the City with Public Hearing
Iteris recognizes that the LRSP will be a public-facing document and will work closely with City staff to incorporate Cathedral City’s branding, colors, and imagery to ensure the final plan reflects the identity of the community. Our marketing and graphic design staff will help produce a document that is both technically robust and visually engaging.
I
teris will also assist City staff in preparing and delivering presentations for Stakeholder groups and City Council as part of the plan adoption process. Any concerns or comments
raised during the public hearings will be documented,
reviewed with City staff, and incorporated as appropriate into refinements of the LRSP.
Deliverables
• Draft and Final Local Roadway Safety Plan
SCHEDULE v
REQUEST FOR QUALIFICATIONS/PROPOSALS FOR THE UPDATE AND REVALIDATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP), City Project No. C06516 City of Cathedral City Iteris, Inc. | 14
v. SCHEDULE
B-1
EXHIBIT "B"
COMPENSATION
I
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________
DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________
LABOR COSTS
a) Subtotal Direct Labor Costs _______________
b) Anticipated Salary Increases (see page 2 for calculation) _______________ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________
INDIRECT COSTS
d) Fringe Benefits (Rate: _____ ) e) Total Fringe Benefits [(c) x (d)] _______________ f) Overhead (Rate: _____ ) g) Overhead [(c) x (f)] _______________ h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________ j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add add iti
l) CONSULTANT’S OTHER DI RECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) onal pages i f necessary)
Subconsultant 1:
Subconsultant 2:
Subconsultant 3:
Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:
1. Key personnel must be marked with 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.
2. The cost proposal format shall not be amended. 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.
3. Anticipated salary increases calculation (page 2) must accompany.
Iteris, Inc.
12/29/2025
Bill Zhou
Jin Eo
97.00 $ 44.19
$ 4,286.43
$ 14,374.75
$ 14,374.75
0.00%
$ 0.00
$ 4,076.92
$ 0.00
$ 532.00
$ 49,908.07
✔
N/A
N/A
Project Manager
Senior Engineer
Associate Engineer
Associate Engineer
Deepak Kaushik
Sean Daly
22.00 52.00
78.00 $ 85.07
$ 77.69
$ 53.55
$ 1,871.54
$ 4,039.88
$ 4,176.90
$ 0.00
$ 532.00
0.00%
215.13%
$ 30,924.40
$ 30,924.40
9.00%
Mileage Costs
760
miles
$ 0.70
$ 532.00
Equipment Rental and Supplies
$ 0.00
Permit Fees
$ 0.00
Plan Sheets
$ 0.00
Test
$ 0.00
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
=$250,000.00 500 $50.00 Year 1 Avg
Hourly Rate
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 $50,000.00 Estimated Hours Year 1 =
Year 2 $51.00 2000 $102,000.00 Estimated Hours Year 2 = Year 3 $52.02 750 $39,015.00 Estimated Hours Year 3 =
Year 4 $53.06 750 $39,795.30 Estimated Hours Year 4 =
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation $257,871.10=
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary Transfer to Page 1 = Increase $7,871.10
NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
__ _
SAMPLE COST PROPOSAL
Sample Only - Required Cost Proposal Template To Be Determined By Agency SAMPLE COST PROPOSAL 1
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
1. Generally Accepted Accounting Principles {GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.
Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).
Prime Consultant or Subconsultant Certifying:
Name:_______________ Title*:
Signature:____ _____ __ Date of Certification {mm/dd/yyyy): _____ _______ Phone Number:Email: ______ _ _
Address:_________________________________
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
List services the consultant is providinq under the proposed contract:
Vice President
Viggen Davidian
12/29/2025
[email protected]
1700 Carnegie Avenue, Suite 100 Santa Ana, CA 92705
(213) 802-1707
Iteris is providing an update to the City's Local Roadway Safety Plan including collision analysis, countermeasure selection and prioritization.
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Iteris, Inc.
215.13
N/A
N/A
N/A
Fiscal Year End 2024: April 1, 2023 to March 31, 2024
• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 130,000,000.00
49 21
Viggen Davidian
✔
Vice President
[email protected]
(213) 802-1707
12/29/2025
D-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 D-2
$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.
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EXHIBIT "D"
FEDERAL HIGHWAY ADMINISTRATION
SS4A GRANT PROVISIONS
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Cathedral City (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Cathedral City Comprehensive Safety Action Plan.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated November 4, 2025, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system.
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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: City of Cathedral City Comprehensive Safety Action Plan Application Date: August 29, 2024
2.2 Award Amount.
SS4A Grant Amount: $399,760.00
2.3 Federal Obligation Information.
Federal Obligation Type: Single
2.4 Budget Period.
Budget Period: See Block 6 of Page 1
2.5 Grant Designation.
Designation: Planning and Demonstration
ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
The project will be completed in one phase as follows:
This is a planning project. The City of Cathedral City Comprehensive Safety Action Plan only has planning elements. No construction or changes to the environment will occur.
During the eighteen (18) month project, Cathedral City will collaborate with a planning specialist to help develop a Comprehensive Safety Action Plan. Our plan will also include evaluating roadway safety for all modes of travel, incorporating safe routes to school planning and surveying the existing pedestrian network for accessibility issues, in an effort to establish safe routes for all. Working with the consultant, we will conduct safety audits and studies throughout our city, ensuring our plan focuses on areas with high incident rates. Utilizing the data, the city will identify areas with high numbers of roadway fatalities and serious injuries. Cathedral City will establish a committee to perform community outreach to discover citizen’s concerns and help identify evidence-based low-cost, high-impact strategies to reduce risk for all road users, with special consideration for disadvantaged communities. The Comprehensive Safety Plan will establish a ranking system to identify the top priority corridors and intersections for implementation while adopting innovative technologies. The City will use this plan to set safety goals and policies to promote safety throughout the City.
The City of Cathedral City Comprehensive Safety Action Plan project will include five major tasks over the thirty-six-month performance period. Task One, Project Management, will take place over the course of the project. This task will cover administration tasks such as producing timely reports and project management. Task Two will encompass Preliminary Planning. Preliminary Planning will include reviewing existing conditions, documents, and data including collision data, planning documents, 4 of 16
existing school circulation, and an ADA field survey. These subtasks, expected to start in month 1 and end in month 6, will allow City of Cathedral City to use this data to develop project goals and objectives and help establish stakeholders.
3.2 Project’s Estimated Schedule.
Action Plan Schedule
Milestone Schedule Date
Planned Final Plan Publicly Available
Date:
10/31/2028
Planned SS4A Final Report Date: 11/30/2028
3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $399,760.00
Other Federal Funds: $0.00
State Funds: $0.00
Local Funds: $99,940.00
In-Kind Match: $0.00
Other Funds: $0.00
Total Eligible Project Cost: $499,700.00
(b)[RESERVED]
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.
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ARTICLE 4
CONTACT INFORMATION
4.1 Recipient Contact(s).
Amanda Geisendorfer
Senior Analyst
City of Cathedral City
68-700 Avenida Lalo Guerrero Cathedral City, CA 92234
(760) 202-2493
[email protected]
4.2 Recipient Key Personnel.
Name Title or Position
John A. Corella, P.E. Director of Public Works
Armando J. Garcia Baldizzone P.E. City Engineer
Kevin J. Biersack, CPA, CGFM
(Inactive)
Financial Services Director
Amanda Geisendorfer Senior Analyst
4.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-42, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-493-2402
[email protected]
and
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Division Administrator -CA
Agreement Officer’s Representative (AOR)
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Mike Shami
California Division Office Lead Point of Contact
Competitive Grant Manager
650 Capitol Mall, Suite 4-100, Sacramento, CA 95814
(916) 498-5853
[email protected]
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
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(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “ AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, t he FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.
6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.
6.5 There are no other special grant requirements.
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: The City of Cathedral City Comprehensive Safety Action Plan project will encompass all of Cathedral City, with special consideration taken towards disadvantaged communities. Special care will also be taken to make school routes and ADA routes safer.
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.
Within 120 days
after the end of the
period of
performance
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ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank.
Scope: N/A
Schedule: The original schedule in form SF 424 showed a start date of 11/0/2024 and end date of 05/01/2026 with duration of 18 months. The period of performance has been increased to 36 months due to the scale of the scope and the risk of delay associated with the procurement process.
Budget: N/A
The table below provides a summary comparison of the project budget.
Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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ATTACHMENT C
[RESERVED]
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ATTACHMENT D
[RESERVED]
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ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:
The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.)
The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) X
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.) The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
This project will not directly support good-paying jobs with a free and fair choice to join a union. However, City of Cathedral City will utilize the finalized plan from this project to implement construction projects. These projects will directly support good-paying jobs with a free and fair choice to join a union. In fact, City of Cathedral City’s construction projects consistently utilize good-paying, unionized contractors.
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ATTACHMENT F
CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE
1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.
The Recipient states that rows marked with “X” in the following table are accurate:
The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.
The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.
The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.
2. Supporting Narrative.
This project does not include the purchase of Information Technology and/or Operational Technology. 16 of 16
ATTACHMENT G
[RESERVED]