Agenda packet — Cathedral City City Council, August 26, 2026 (part 3 of 3)

7733
7733

BASE BID TOTAL$ 838,612.00
ADDITIVE BID ALTERNATE BID SCHEDULE “#1”
48 REMOVE AND SALVAGE EXISTING XN-2 CONTROLLER. FURNISH AND INSTALL NEW 2070LX CONTROLLER. 1 EA $ 12,276.00$ 12,276.00
ADDITIVE BID TOTAL$ 12,276.00
GRAND TOTAL$ 850,888.00
ESTIMATOR: DOUG MCWHORTER
ELECNOR BELCO ELECTRIC, INC.
14320 ALBERS WAY
CHINO, CA 91710
TEL (909) 993-5470 FAX (909) 993-5476
LICENSE NO. 738518 - A, B, C10
DIR NO. 1000004804 - EXP. 6/30/2025
www.elecnorbelco.com

QUOTATION

PROJECT DESCRIPTION
TRAFFIC SIGNAL IMPROVEMENTS (HSIP CYCLE 9A) / BID NO: B24-58E FEDERAL AID PROJECT NO. HSIPL-5430(034)
CITY PROJECT NO. CO8752

OWNER / AGENCY

CITY OF CATHEDRAL CITY

BID DATE / TIME
MARCH 25, 2025 11:00 AM
ITEM
NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENSION

Page 2 of 2 ends

7744
7744

BELCO PCO NO:

MATERIAL $ LBR HRS. DATE:
$1,876.00 0.00
$1,876.00 0
$173.53
$75.04 COST MARKUP TOTAL
$93.80 15%
$2,218.37 $332.76 $2,551.13
HOURS RATE EXT $
16 $117.86 $1,885.76
16 $108.20 $1,731.20
16 $89.07 $1,425.12

COST MARKUP TOTAL
20%
$5,042.08 $1,008.42 $6,050.50
HOURS RATE EXT $

COST MARKUP TOTAL
20%
$0.00 $0.00 $0.00
CODE EQUIP. (CALTRANS RATES 3/15) HOURS RATE EXT $
TM ARROWBOARD/HR. 16 $4.47 $71.52
10-12 BATCH TRUCK W/MIXER/HR. 8 $205.94 $1,647.52
20-28 +
025-045

UTILITY WORK TRUCK WITH
COMP./HR. 16 $104.60 $1,673.60
200 MINI EXCAVATOR/HR. 8 $40.71 $325.68
200 TRAILER/HR. 8 $23.92 $191.36

COST MARKUP TOTAL
15%
$3,909.68 $586.45 $4,496.13
QTY U/M EXT $
$0.00
$0.00 COST MARKUP TOTAL
$0.00 10%
$0.00 $0.00 $0.00

COST MARKUP TOTAL
$11,170.13 $1,927.62 $13,097.75
SUBTOTAL PERCENT EXT $
$0.00 7.75% $0.00 $0.00
$13,097.75 1.00% $130.98 $130.98
$13,228.73

DESIGN SERVICES

BONDING

SUBCONTRACTS
GRAND TOTAL OF THIS CHANGE ORDER:

DESCRIPTION OF WORK OR CHANGE

NOT TO EXCEED AMOUNT FOR RESTORATION ON T&M AT
DINAH SHORE AND CATHEDRAL CANYON. (4) 36IN X 36IN.

POTHOLE RESTORATIONS IN ROADWAY. PLATES LIKELY

NECESSARY FOR CONCRETE TO DRY & ENABLE ROADWAY

OPENNING

SUBTOTAL
SALES TAX @ 9.25%
FREIGHT @ 4%
MISCELLANEOUS HARDWARE @ 5%

FIELD LABOR BREAKDOWN
TOTAL MATERIAL COSTS:

FOREMAN - REGULAR RATE
TOTAL INDIRECT COSTS:

TOTAL TOOLS/EQUIP. COSTS:

FIELD MATERIAL AND LABOR PRICE SUMMARY (See Price Sheets for Details)

DESCRIPTION

MATERIALS
JOURNEYMAN WIREMAN - REG. RATE

LABORER - REGULAR RATE

ENGINEERING COSTS
2/12/2026
TOTAL SUBCONTRACT COSTS:

SUBTOTAL COSTS:

TOTAL LABOR COSTS:
7755
7755

Change Order Form
Date: 850,888.00$ Days: 72
(28,077.80)$ Days: 5
Project number: 21,287.12$ Days: 9
Project name: (6,790.68)$ 14
$844,097.32 Days: 86
Contractor:

Owner: CATHEDRAL CITY
Reference:

The amount of the contract will be INCREASED / DECREASED by the sum of Contract time shall be extended by 9 working days
Recommended: /Inspector - Project Manager Date:
(signature)
Accepted: /Contractor Date:
(signature)
Approved: /City Engineer Date:
(signature)
0 0
PCO-6 Replacement of (1) 15
Traffic Signal Pole
Contract Change Order No.: 3
Description of Changes
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon herein between the Contractor and The City of Cathedral City otherwise referred to as Owner.

Increase in Contract
Amount ($)
Traffic Signal Improvements at 12
Intersections Change Order Total Amt:

This Change:

Revised Contract Amt:
21,287.12$
(Decrease) in
Contract Amount
($)
-$

CATHEDRAL CITY
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.

Contract Time Extension
(days)
21,287.12$
9 0
0 0
921,287.12$
Orig. Contract Amt:

Prev. Apprvd. Changes:

March 31, 2026
C08752
Net change in contract amount
4/14/2026
3/31/26
Pablo Sanchez, COO 4/9/26
Elecnor Belco Electric, Inc.
77666
77666

Cathedral City Change Order Form
Date: 3/31/26
Item No. Quantity Unit Unit Price Amount
1 1 LS $21,287.12 $21,287.12
$0.00
$0.00
$0.00
$0.00
$0.00
SUBTOTAL BID ITEMS ADDITION$21,287.12
$0.00
SUBTOTAL ADDITIONAL NEW ITEMS $0.00
TotalINCREASE / DECREASEfor Change Order No. $21,287.12

ADDITIONAL SCOPE OF WORK AND MATERIALS - BID ITEMS
PCO-6 Replacement of (1) 15 Traffic Signal Pole
HSIP 9A: TRAFFIC SIGNAL IMPROVEMENTS (C08752)

CATHEDRAL CITY
CHANGE ORDER NO. 3

EXHIBIT A
Description

ADDITIONAL SCOPE OF WORK AND MATERIALS - ADDITIONAL ITEMS 7777
7777

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518

February 26, 2026

CITY OF CATHEDAL CITY. Serial No. 14-1084-008 98-100 Avenida Lalo Guerrero.

Cathedral City, CA 92234

Attention: Mr. Zack Faqih (Z&K Consulting)

Reference: Federal Project HSPLN-54330(034)
City of Cathedral City
Belco Job No. 14-1084. #HSIP Cycle9A

Subject: PCO-6 Replacement of (1) 15 Traffic Signal Pole

Dear Mr. Faqih:

Please find Elecnor Belco Electric’s price proposal for the additional requested work at the intersection of Avenida Quintana and Vista Chino.

Belco will provide the labor, equipment, and materials necessary for the following:
• Demolition: Removal and salvage of one (1) existing Type 15 traffic signal pole. • Foundation Work: Chipping the existing foundation below grade and backfilling the void with native soil, finished with concrete (not to exceed 25 sq. ft.). • Installation: Installation of one (1) new Type 15 traffic signal pole. The new location will be positioned behind the existing foundation to eliminate the requirement for temporary wiring.
• Equipment Integration: Relocation of existing signal gear onto the new pole. Please note that existing wiring will be reused; this proposal does not include the provision of additional wiring.

Schedule & Requirements
• Cure Time: A 7-day cure period for the new foundation is required prior to standing the new pole.
• Duration: This scope of work will require nine (9) additional working days.

7788
7788

Armando J. Garcia Baldizzone, PE
City Engineer
Cathedral City
Date: 03-27-2026
7799
7799

BELCO PCO NO:

MATERIAL $ LBR HRS. DATE:
$7,720.00 40.00
$7,720.00
$714.10
$308.80 COST MARKUP TOTAL
$386.00 15%
$9,128.90 $1,369.34 $10,498.24
HOURS RATE EXT $
2 $127.53 $255.06
8 $117.86 $942.88
8 $108.20 $865.60
8 $95.37 $762.96
8 $89.07 $712.56
8 $118.85 $950.80

COST MARKUP TOTAL
25%
$4,489.86 $1,122.47 $5,612.33
HOURS RATE EXT $

COST MARKUP TOTAL
20%
$0.00 $0.00 $0.00
CODE EQUIP. (CALTRANS RATES 3/15) HOURS RATE EXT $
TM ARROWBOARD/HR. 8 $4.47 $35.76
10-12 BATCH TRUCK W/MIXER/HR. 8 $205.94 $1,647.52
10-20 BUCKET TRUCK/HR. 8 $103.24 $825.92
4995 CRANE TRUCK/HR. 8 $111.02 $888.16
06-12 PICKUP TRUCK/HR. 2 $41.96 $83.9220-28 +
025-045

UTILITY WORK TRUCK WITH
COMP./HR. 8 $104.60 $836.80

COST MARKUP TOTAL
15%
$4,318.08 $647.71 $4,965.79
QTY U/M EXT $
$0.00
$0.00 COST MARKUP TOTAL
$0.00 10%
$0.00 $0.00 $0.00

COST MARKUP TOTAL
$17,936.84 $3,139.51 $21,076.35
SUBTOTAL PERCENT EXT $
$0.00 7.75% $0.00 $0.00
$21,076.35 1.00% $210.76 $210.76
$21,287.12
14-1084-006
2/26/2026
TOTAL SUBCONTRACT COSTS:

SUBTOTAL COSTS:

TOTAL LABOR COSTS:

TOTAL INDIRECT COSTS:

TOTAL TOOLS/EQUIP. COSTS:

FIELD MATERIAL AND LABOR PRICE SUMMARY (See Price Sheets for Details) TOTAL MATERIAL COSTS:

GRAND TOTAL OF THIS CHANGE ORDER:

DESCRIPTION OF WORK OR CHANGE
Remove existing TS 15 pole. Relocated gear from existing pole to replacement TS15 Pole. Chipdown ex. Foundation. New foundation to be place behind existing. No temping included. Includes 1 pothole of proposed pole location.

SUBTOTAL
SALES TAX @ 9.25%
FREIGHT @ 4%
MISCELLANEOUS HARDWARE @ 5%

GENERAL FOREMAN - REGULAR RATE

DESCRIPTION

MATERIALS

FIELD LABOR BREAKDOWN

FOREMAN - REGULAR RATE
JOURNEYMAN WIREMAN - REG. RATE
ELEC. APPRENTICE - REGULAR RATE

LABORER - REGULAR RATE

OPERATOR - REGULAR RATE

ENGINEERING COSTS

DESIGN SERVICES

BONDING

SUBCONTRACTS
8800
8800

Page 1 of 1 ends

Tesoro Contractors Inc
9600 Kauffman Ave
South Gate, CA 90280 US
[email protected]

INVOICE

BILL TO
Elecnor Belco Electric Inc.
14320 Albers Way
Chino, CA 91710 USA
INVOICE 1198
DATE 02/23/2026
TERMS Net 30
DUE DATE 03/25/2026

JOB NAME
Poles

DATE DESCRIPTION QTY RATE AMOUNT
Services Type 15TS w/ 12' LMA, Anchor Bolts,
and Base plate
1 5,000.00 5,000.00
Remit payment by Check:

Tesoro Contractors Inc.
9600 Kauffman Ave
South Gate, CA 90280
Memo: Please indicate Invoice #
Make check payable to Tesoro Contractors Inc.

BALANCE DUE $5,000.00
Proceed with procurement and installation of the traffic signal pole in accordance with this proposed change order. The pole location has been field-marked and verified with the contractor during the latest site meeting.
8811
8811

Change Order Form
Date: 850,888.00$ Days: 72
(6,790.68)$ Days: 14
Project number: 3,800.00$ Days: 0
Project name: (2,990.68)$ 14
$847,897.32 Days: 86
Contractor:

Owner: CATHEDRAL CITY
Reference:

The amount of the contract will be INCREASED / DECREASED by the sum of Contract time shall be extended by 0 working days
Recommended: /Inspector - Project Manager Date:
(signature)
Accepted: /Contractor Date:
(signature)
Approved: /City Engineer Date:
(signature)

Contract Time Extension
(days)
3,800.00$
0 0
0 0
03,800.00$
Orig. Contract Amt:

Prev. Apprvd. Changes:

April 16, 2026
C08752
Net change in contract amount
3,800.00$
(Decrease) in
Contract Amount
($)
-$
Contract Change Order No.: 4
Description of Changes
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon herein between the Contractor and The City of Cathedral City otherwise referred to as Owner.

Increase in Contract
Amount ($)
Traffic Signal Improvements at 12
Intersections Change Order Total Amt:

This Change:

Revised Contract Amt:

Ramon Road and Desert Vista
0 0
6/5/2026
4/16/26
Elecnor Belco Eelctric, Inc. 4/21/26
Pablo Sanchez, Chief Oper. Officer
8822
8822

Cathedral City Change Order Form
Date: 4/14/26
Item No. Quantity Unit Unit Price Amount
1 1 LS $3,800.00 $3,800.00
SUBTOTAL BID ITEMS ADDITION$3,800.00
$0.00
SUBTOTAL ADDITIONAL NEW ITEMS $0.00
TotalINCREASE / DECREASEfor Change Order No. $3,800.00

ADDITIONAL SCOPE OF WORK AND MATERIALS - BID ITEMS
Ramon Road and Desert Vista
HSIP 9A: TRAFFIC SIGNAL IMPROVEMENTS (C08752)

CATHEDRAL CITY
CHANGE ORDER NO. 3

EXHIBIT A
Description

ADDITIONAL SCOPE OF WORK AND MATERIALS - ADDITIONAL ITEMS 8833
8833

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518
850 E. Parkridge Ave., Suite 115
Corona, CA 92879
(951) 278-0375 Office
(951) 278-0376 FAX
CA License 738518
May 14, 2026
CITY OF CATHEDAL CITY. Serial No. 14-1084-012 98-100 Avenida Lalo Guerrero.

Cathedral City, CA 92234
Attention: Ms. Bridget Duhn, Project Manager (Z&K Consulting) Reference: Federal Project HSPLN-54330(034)
City of Cathedral City
Belco Job No. 14-1084. #HSIP Cycle9A
Subject: PCO 4.00 – T&M 2.0
Dear Ms. Duhn:

Pursuant to the agency’s direction for Belco to proceed with the work under time and material, Belco replaced an existing number 3 ½ box with a new number 5 pull box. Additional work concerning miscellaneous conflicts with neighboring underground infrastructure was resolved in the field per the direction of the field inspector and tracked. Please consider this as Elecnor Belco Electric’s price proposal for work performed under time and Material. Please see attached supporting documentation for details. The following summary is provided for your review and consideration:

Total Cost for T&M No. 2 is $3,169.46.

If this change is acceptable, please provide a change order or written direction to proceed. Should you have any questions or concerns, please do not hesitate to contact me at (909) 496-0966 or via email [email protected].

Sincerely,
Elecnor Belco Electric, Inc.

Jason Kison
Assistant Project Manager
8844
8844

14320 ALBERS WAY
CHINO, CA 91710
909.993.5470
909.993.5476 FAX
JOB NO. DATE

JOB NAME WEATHER

LOCATION TEMP
BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

SUNNY CLEAR CLOUDY

DRY RAIN WIND FOG
LICENSE NO. 738518DAILY JOB JOURNAL
ELECNOR BELCO ELECTRI C, INC. SIGNATURE PM
GF
ELECNOR BELCO ELECTRI C, INC. SIGNATURE MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

ELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATURE EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM?
ELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATURE MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

ELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATURE MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

ELECNOR BELCO ELECTRI C, INC. SIGNATUREELECNOR BELCO ELECTRI C, INC. SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATUREELECNOR BELCO ELECTRI C, INC. REPORT WRITTEN BY SIGNATURE

WEATHERTEMP LOW HIGH

T&M WORK YES NO CHANGE ORDER WORK YES NO

WEATHER

TEMPT&M WORK YES NO CHANGE ORDER WORK YES NO BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM?
MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM? MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM?
MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM?
MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

BELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATION BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATION

BELCO EMPLOYEE NAMES CLASSIFICATION B CLASSIFICATION BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EMPLOYEE NAMES CLASSIFICATION B CLASSIFICA BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

BELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICA BELCO EQUIPMENT EQUIPMENT NO. CONTRACTORS ON SIT E TYPE OF WORK DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FINISH DATES. INCLUDE TESTS AND SAMPLES TAKEN.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM? MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HINDERANCES TO JOB PROGRESS. BY WHOM?

ELECNOR BELCO ELECTRIC, INC. REPORT WRITTEN BY SIGNATURE ELECNOR BELCO ELECTRIC, INC. REPORT WRITTEN BY SIGNATURE JOB BRIEFING YES NO. TOPICS COVERED:

Working at elevated heights Worksite located on or near motorist traffic Workin g on or in proximity to heavy equipment HDD/Bore Opera Electrical Hazards Present Confined Spaces Working with power tools (i. e. electrical, pneumatic or gas) Working in pedes

CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICABELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATION

CLASSIFICATION BE CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BE CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATIONBELCO EMPLOYEE NAMES CLASSIFICATION BELCO EMPLOYEE NAMES CLASSIFICATION

ELECNOR BELCO ELECTRIC, INC. REPORT WRITTEN BY SIGNATURE ELECNOR BELCO ELECTRIC, INC. REPORT WRITTEN BY SIGNATURE

Working at elevated heights Worksite located on or near motorist traffic Workin g on or in proximity to heavy equipment HDD/Bore Operations Electrical Hazards Present Confined Spaces Working with power tools (i. e. electrical, pneumatic or gas) Working in pedestrian walkways

Y Y Y Y

Y Y

Y Y Y Y

Y Y
USA TICKET USA TICKET NUMBER:YEE NAMES OYEE NAMES

YES NO YES NO
MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

EXTRA WORK OR BACK-CHARGE ITEMS.

MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.EXTRA WORK OR BACK-CHARGE ITEMS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.EXTRA WORK OR BACK-CHARGE ITEMS.MATERIALS DELIVERED. OWNER FURNISHED ITEMS RECEIVED. PROBLEMS OR COMMENTS.

T&&M
T&&M
T&&M
DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HIND

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HIND

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN BELCO EQUIPMENT EQUIPMENT NO.

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN

BELCO EQUIPMENT EQUIPMENT NO.

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN EXTRA WORK OR BACK-CHARGE ITEMS. DIFFICULTIES OR HIND

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN

EQUIPMENT NO.

DESCRIPTION OF WORK IN PROGRESS. INCLUDE START AND FIN

BELCO EQUIPMENT EQUIPMENT NO.

T&&MT&&M
ND FIN
HIND

ND FIN
HIND

ND FIN

ND FIN
HIND

ND FIN

T&&MT&&M
1111111111111133333335555553333333777777
Traffic Signal Improvements HSIP Cycle 999999A 1111111444444411111110000008888884444444......_Traffic Signal Improvements HSIP Cycle 999999A Tom White
Under T and M break out concrete around a existing 3333333......555555 box and add a number 555555 box and pour concrete around new box Abraham Diaz
Ramon and Avenida del yormo
0000004444444///////11111114444444///////22222220000002222222666666 Under T and M break around old 3333333......555555 box 666666000000 feet south of the south west corner and set a number 555555 pull box under T and M ...... Pull out old intersection wires cc conduits at new box location ,,,,,, pull new wires and hook up ,,,,,, had a few problems with existin**** conduits and stub outs to the poles lines didn’t want to pull out ......

Tuesday
Josue Barragan

PICKUP TRUCK

UTILITY WORK TRUCK W///////COMPRESSOR

BUCKET TRUCK
WHITE,,,,,, TOM W (((((####2222222------3333333888888888888))))) MINOR MENDEZ,,,,,, MIGUEL A (((((####2222222------555555666666666666))))) Garcia,,,,,, Diego J (((((####2222222------77777711111113333333))))) BARRAGAN------RENTERIA,,,,,, GILBERTO (((((####2222222------55555533333332222222))))) Hernandez,,,,,, Julian E (((((####2222222------77777733333331111111))))) GF
J------GRP555555
TECH
J------GRP3333333
J------GRP1111111
8855
8855

Pictures

Description

The information contained in this document may be PRIVILEGED and CONFIDENTIAL. Do not copy, forward or reproduce unless authorized. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the recipient, you are hereby notified that any review, disclosure, dissemination, distribution, or copying of this communication is strictly prohibited.

Daily Pictures
88666
88666

DAILY EXTRA WORK REPORT

JOB NUMBER DATE

14320 ALBERS WAY
CHINO, CA 91710
909.993.5470
909.993.5476 FAX

LICENSE NO. 738518

JOB NAME CONTRACTOR / OWNER

JOB LOCATION PERSON OF AUTHORITY
DESCRIPTION OF EXTRA WORK:

I CONFIRM THE QUANTITY OF TIME AND MATERIAL DESCRIBED HEREIN HAS BEEN USED FOR THE WORK AS STATED ABOVE.

BELCO REPRESENTATIVE CONTRACTOR / OWNER REPRESENTATIVE DATE NAME: EMAIL ADDRESS:

COMMENTS :

LABOR

EMPLOYEE NAME CLASS REG
HRS
O/T
HRS
DT

HRS EMPLOYEE NAME CLASS REG
HRS
O/T
HRS
DT
HRS

MATERIAL / RENTAL EQ QTY DESCRIPTION QTY DESCRIPTION

TOOLS / EQUIP EQ # EQUIPMENT DESCRIPTION REG
HRS
O/T
HRS EQ # EQUIPMENT DESCRIPTION REG
HRS
O/T
HRS

M T W TH F SA SU
1111111444444411111110000008888884444444...... 0000004444444///////11111114444444///////22222220000002222222666666 Traffic Signal Improvements HSIP Cycle 999999A Ramon and Avenida del yormo
City of Cathedral City
Sal
Under T and M break out concrete around a existing 3333333......555555 box and add a number 555555 box and pour concrete around new box Tom White
[email protected]
1111111 Number 555555 pull box with lid 2222222 Bags rock
1111111///////4444444 Yard concrete
1111111111111133333335555553333333777777
WHITE,,,,,, TOM W (((((####2222222------3333333888888888888))))) BARRAGAN------RENTERIA,,,,,, GILBERTO (((((####2222222------55555533333332222222))))) Hernandez,,,,,, Julian E (((((####2222222------77777733333331111111))))) GF

LABORER

LABORER
2222222
666666
666666

PICKUP TRUCK

UTILITY WORK TRUCK W///////COMPRESSOR
2222222
666666
3333333///////11111114444444///////2222222666666
8877
8877

Traffic Control Pictures

Description

T&&M Pictures
8888
8888

DESCRIPTION OF WORK OR CHANGE
Under T and M break out concrete around a existing 3.5 box and add a number 5 box and pour concrete around new box FIELD MATERIAL AND LABOR PRICE SUMMARY (See Price Sheets for Details) BELCO PCO NO: 141084 DESCRIPTION MATERIAL $ LBR HRS. DATE: 4/14/2026
MATERIALS PAGE 2 $405.25 $0.00
MATERIALS PAGE 3 $0.00 $0.00
SUBTOTAL $405.25 $0.00
SALES TAX @ 9.25% $37.49
FREIGHT @ 4% $16.21 COST MARKUP TOTAL
MISCELLANEOUS HARDWARE @ 5% $20.26 15%
TOTAL MATERIAL COSTS: $479.21 $71.88 $551.09
FIELD LABOR BREAKDOWN HOURS RATE EXT $
GENERAL FOREMAN - REGULAR RATE 2 $132.55 $265.10
LABORER - REGULAR RATE 12 $97.68 $1,172.16
$0.00 COST MARKUP TOTAL
$0.00 25%
TOTAL LABOR COSTS: $1,437.26 $359.32 $1,796.58
ENGINEERING COSTS HOURS RATE EXT $

COST MARKUP TOTAL
20%
TOTAL INDIRECT COSTS: $0.00 $0.00 $0.00
CODE EQUIP. (CALTRANS RATES) HOURS/DAY RATE EXT $
06-12 PICKUP TRUCK/HR. 2 $40.51 $81.02
20-28 + 025-045 UTILITY WORK TRUCK WITH COMP./HR. 6 $101.05 $606.30

COST MARKUP TOTAL
15%
TOTAL TOOLS/EQUIP. COSTS: $687.32 $103.10 $790.42
SUBCONTRACTS QTY U/M EXT $
$0.00
$0.00 COST MARKUP TOTAL
$0.00 5%
TOTAL SUBCONTRACT COSTS: $0.00 $0.00 $0.00

COST MARKUP TOTAL
SUBTOTAL COSTS: $2,603.79 $534.29 $3,138.08
SUBTOTAL PERCENT EXT $
DESIGN SERVICES $0.00 7.75% $0.00 $0.00
BONDING $3,138.08 1.00% $31.38 $3,169.46
GRAND TOTAL OF THIS CHANGE ORDER: $3,169.46
8899
8899

BELCO

MATERIALS AND OPERATIONS BREAKDOWN
PROJECT: Traffic Signal Improvements HSIP Cycle 9A PCO NO: 141084 DIRECTIVE NO:

ESTIMATED BY CHECKED BY DATE 4/14/2026
MATERIAL OR OPERATION QTY PRICE PER EXT. PRICE LABOR UNIT PER EXT. LABOR Number 5 pull box with lid 1 $329.00 Set $329.00 $0.00
Bags rock 2 $24.00 Bag $48.00 $0.00
Yard concrete 1/0 $113.00 Yd $28.25 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
TOTALS $405.25 $0.00
9900
9900

Appendix D. Suspension of Work & VDS Delay Documentation 9911
9911

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518

April 14, 2026

CITY OF CATHEDAL CITY. Serial No. 14-1084-011 98-100 Avenida Lalo Guerrero.

Cathedral City, CA 92234

Attention: Mr. Zack Faqih (Z&K Consulting)

Reference: Federal Project HSPLN-54330(034)
City of Cathedral City
Belco Job No. 14-1084. #HSIP Cycle9A

Subject: Additional Working Days Request – Misc. Delays

Dear Mr. Faqih:

Please accept this as Belco’s formal request to extend working days due to a variety of delays throughout the project. These i nstances include incorrect submittal approvals, delayed RFI responses, delays in responding to change order cost proposals, and inconsistencies found between construction plans versus actual existing field conditions.

Incorrect Submittal Approved
Submitted on 6/2/25
Rejection received on 7/18/25 (35 working days)
VDS approved 7/30/25 (8 working days)
This approved submittal also resulted in further delays due to the system that was approved not being entirely compatible with the type of cabinet in the field. The VDS system that was approved is intended for a rack mount cabinet, the cabinet in the field is a shelf “P” style cabinet. This mistake affects Gerald Ford and Plumley. A turn on was scheduled for March 11 th, 2026 when it was identified that this material was incorrect.

Belco has gone above and beyond in trying to assist Cathedral City in rectifying these issues. We attempted to use material that was for another project and re -scheduled Iteris to prevent further delays. Unfortunately, the gear was not compatible. We suggested purchasing the correct material, which would still have had a lead time (5-6 weeks). Another suggestion was to RMA the existing system that would have a 6 -8 week lead time and come with re -stocking fees. Both suggestions were declined, despite our recommendations Belco was instructed to make the rack mount system work in the shelf mount cabinet.

On April 8 th Iteris confirmed that no bracket exists to properly install the system. They did acknowledge that the system would function as intended however, we would have to find a way to secure the system in place. This is the guidance that Belco has been give n. Since then, 24 working days have lapsed.
9922
9922

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518
Note that had the city taken our suggestion we would be nearly to the end of the estimated lead time. In no way should Belco be liable for the time that has lapsed in trying to find an alternate solution. Please also note the time frame that it took for Belco to receive approved submittals.

Most submittals took over a month to receive responses to after Belco had submitted them. Keep in mind that Belco has no control over submittal/material lead times.

RFI Responses
RFI 1, submitted 6/9/25; response received 6/26/25
RFI 2, submitted 6/9/25; response received 6/26/25
RFI 3, submitted 6/9/25; response received 6/26/25
RFI 4, submitted 6/11/25; response received 6/26/25
RFI 5, submitted 12/22/25; response received 2/4/26
RFI 6, submitted 3/20/26; no response received as of 10:58 am, 4/9/26 RFI 7, submitted 3/20/26; response received 3/30/26

COST PROPOSALS
With the exception of the T&M work conducted at the beginning of the project, change orders have not been approved quickly often taking days or weeks to process. This has affected how the change order work is scheduled . Keep in mind that change order work is not guaranteed to get scheduled right away.

DAYS REQUESTED
Delay Description Requested Days
T&M 1 1 Day
PCO 3 (Dinah Shore Crossing) 4 Days
PCO 4 (Pull box conflicts) 2 Days
PCO 6 (TS pole at Vista Chino) 9 Days
VDS Discrepancy (to date) 24 Days
Pending Re-schedule 10 Days
RFI 5 Response Time 33 Days
RFI 6 Response Time 14 Days
RFI 7 Response Time 6 Days
Total Requested 103 Working Days

9933
9933

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518
These delays resulted in 103 working day s, excluding the field changes that were not tracked.

Please advise how Cathedral City would like to proceed. Should you have any questions or concerns, please do not hesitate to contact me at (951)807 -9189 or via email at [email protected].

Sincerely,
Elecnor Belco Electric, Inc.

Abraham Diaz
Project Manager
9944
9944

Elecnor Belco Electric, Inc. Attn: Jason Kison, Project Manager Project: Highway Safety Improvement Program (HSIP) Traffic Signal Improvements at 12 Intersections Federal Project No. HSIP-5430(034) City Project No. C08752 Subject: Final Determination of Contractor's Request for Additional Contract Working Days Dear Mr. Kison, Z&K Consultants has completed its review of Elecnor Belco Electric, Inc.'s request for additional contract working days submitted by correspondence dated April 14, 2026. Following completion of the project, our team has evaluated the request using the complete project record, including the executed contract modifications, Requests for Information (RFIs), certified payroll records, daily inspection reports, meeting minutes, project correspondence, contractor schedules, and other documentation generated during construction. The purpose of this determination is to establish the amount of additional contract time supported by the Contract Documents and to document the basis for the final required contract completion date. The Contractor's request identified several events that were asserted to have affected contract performance, including review of RFIs, processing of change orders, utility coordination, procurement activities, and the Video Detection System (VDS) cabinet compatibility issue encountered during construction. Each item was evaluated independently to determine whether it affected completion of the controlling operations of the Work and whether additional contract time was warranted under the Contract Documents. Where multiple activities occurred concurrently or where previously approved contract adjustments already addressed the impacts, duplicate consideration was not applied. It was also reviewed the timing of approved contract modifications, field progress, and the sequence in which the remaining work was completed to verify the actual effect of each event on contract completion. The original Contract established seventy-two (72) working days beginning December 8, 2025, resulting in an original completion date of March 25, 2026. Approved Change Orders No. 2 and No. 3 increased the Contract by a total of fourteen (14) working days, revising the required completion date to April 15, 2026. 9955
9955

During construction, an incompatibility was identified between the approved Video Detection System equipment and the existing traffic signal cabinet at Gerald Ford Drive and Plumley Road. Resolution of this issue required additional engineering review, evaluation of available installation alternatives, coordination with the equipment manufacturer, and subsequent implementation of an acceptable technical solution. Project records demonstrate that completion of the affected work could not reasonably proceed until those activities had been completed. Accordingly, contract working days associated with the affected operations were not assessed while engineering direction remained pending. Once the technical issue had been resolved, additional contract time was allowed to complete procurement, remobilization, scheduling, and final installation activities necessary to place the signal improvements into service. Based upon review of the complete project record, the following findings were made: 1. Change Orders No. 2 and No. 3 increased the Contract by fourteen (14) working days. 2. The VDS cabinet compatibility issue justified suspension of contract working day assessment while engineering review and technical resolution were underway. 3. Contract working days were administratively suspended between March 20, 2026, and April 10, 2026, representing sixteen (16) contract working days. 4. Following completion of the engineering review, ten (10) additional contract working days were appropriate to accommodate procurement, remobilization, scheduling, and completion of the remaining VDS work. 5. The approved contract adjustments established a final required contract completion date of May 21, 2026. 6. Several events identified within the Contractor's request occurred concurrently, were previously addressed through executed contract modifications, or did not independently delay completion of the controlling work. Accordingly, those activities do not support additional contract time beyond that approved herein. After consideration of the Contractor's request and review of the complete project record, determines that the Contractor is entitled to additional contract working days through May 21, 2026. This determination includes: • Fourteen (14) working days previously incorporated through executed Change Orders No. 2 and No. 3; • Sixteen (16) contract working days administratively suspended while the VDS compatibility issue was under engineering evaluation; and • Ten (10) additional contract working days associated with completion of the remaining VDS activities following resolution of that issue. These adjustments establish May 21, 2026, as the final required contract completion date. 99666
99666

It has determined that the project documentation does not substantiate additional contract time beyond May 21, 2026. Therefore, the remaining portion of the Contractor's request for additional contract working days is denied. This determination is limited to contract time and is based upon the documentation contained within the project record. It shall not be interpreted as a determination regarding monetary entitlement or as a waiver of any rights or remedies available under the Contract Documents. Should additional information become available that materially affects the findings contained herein, the City reserves the right to supplement or modify this determination in accordance with the Contract. Respectfully, Zack Faqih Z&K Consultants, Inc. Construction Manager
9977
9977

April 12, 2026 Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 SUBJECT: HSIP CYCLE 9A TRAFFIC SIGNAL IMPROVEMENTS FEDERAL PROJECT NO. HSIPL-5433(034) NOTICE OF RESUMPTION OF CONTRACT WORKING DAYS Attn: Mr. Abraham Diaz, Project Manager Dear Mr. Diaz, The engineering review associated with the Video Detection System (VDS) compatibility issue at the Gerald Ford Drive and Plumley Road intersection has progressed to a point that allows the affected work to proceed. Accordingly, the Administrative Suspension of Contract Working Days, effective March 20, 2026, is hereby lifted effective April 13, 2026. Contract Working Days shall resume beginning April 13, 2026, in accordance with the Contract Documents. It is further acknowledged that procurement of the compatible VDS installation components will require additional lead time before the affected work can be fully completed. Accordingly, ten (10) Contract Working Days have been recognized for material procurement, contractor remobilization, and completion of the remaining VDS installation and traffic signal activation activities. These working days shall be incorporated into the final contract time determination and documented as part of the project record. The Contractor is directed to proceed diligently with procurement, installation, testing, and activation of the VDS equipment, as well as all remaining work activities, in accordance with the Contract Documents. Should you have any questions, please contact the undersigned.

Zack Faqih Z&K Consultants, Inc. Construction Manager
9988
9988

Attn: Jason Kison, Project Manager Project: Highway Safety Improvement Program (HSIP) Traffic Signal Improvements at 12 Intersections Federal Project No. HSIP-5430(034) City Project No. C08752 HSIP CYCLE 9A TRAFFIC SIGNAL IMPROVEMENTS FEDERAL PROJECT NO. HSIPL-5433(034) NOTICE OF ADMINISTRATIVE SUSPENSION OF CONTRACT WORKING DAYS Mr. Kison, Z&K Consultants has reviewed the ongoing Video Detection System (VDS) compatibility issue identified during the traffic signal activation at the Gerald Ford Drive and Plumley Road intersection. As of March 20, 2026, the Contractor has progressed the project to a point where the affected critical-path work cannot reasonably proceed until the engineering review has been completed and direction is provided regarding the installation of the VDS equipment. Accordingly, the assessment of Contract Working Days is hereby administratively suspended effective March 20, 2026. The suspension shall remain in effect until the engineering review has been completed and written authorization is provided to resume the affected work. During this suspension period, Contract Working Days associated with the affected work will not be assessed. The Contractor shall continue to prosecute all remaining work activities that are not impacted by this suspension and that may reasonably proceed in accordance with the Contract Documents. Z&K Consultants will provide written notification when the suspension has been lifted and Contract Working Days resume. Please contact the undersigned if you have any questions. Regards, Zack Faqih Z&K Consultants, Inc. Construction Manager
9999
9999

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 8

DIVISION OF PLANNING, LOCAL ASSISTANCE
464 W. 4TH STREET, 6TH FLOOR, MS 760
SAN BERNARDINO, CA 92401
PHONE (909) 806-3944
TTY 711
https://dot.ca.gov/programs/local-assistance
August 10, 2026
Armando J. G. Baldizzone
City Engineer
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
HSIPL-5430(034)
Advanced Dilemma Zone Detection
12 Intersections throughout City
Cathedral City
Dear Mr. Baldizzone:

We have reviewed and processed the revised E -76 request for the above-referenced project.

The E -76 is hereby revised to reflect the request for Construction Cost Adjustment shifting $45,072.00 of YS30 CON funds to Construction Engineering. Enclosed is a copy of the authorized document (E-76) for your record.

Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and/or an executed Finance Letter. Additionally, per the Master Agreement, an invoice must be submitted at least every six months to avoid being classified as inactive.

If you have any questions, please contact me or Danny Sosa Aguilar at (909) 925-7512.

Sincerely,
Alberto Vergel De Dios, PE
District Local Assistance Engineer (DLAE)
Division of Planning, Local Assistance
(909) 806-3944
Attachment: Amendment Modification Summary (E-76) Sequence No. 6 110000
110000

110011
110011

AMENDMENT MODIFICATION SUMMARY -- (((E--77666)))

FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR::::: 000000888888------RIV------000000------CTHC PROJECT LOCATION:::::

PREFIX::::: HSIPL TWELVE (((((11111112222222))))) INTERSECTIONS THROUGHOUT THE CITY OF CATHEDRAL CITY PROJECT NO::::: 55555544444443333333000000(((((00000033333334444444))))) TYPE OF WORK:::::

SEQ NO::::: 666666 ADVANCED DILEMMA ZONE DETECTION,,,,,, PROTECTED LEFT------TURN PHASES,,,,,, PREV AUTH /////// AGREE DATES:::::

STATE PROJ NO::::: 0000008888881111111999999000000000000000000000000777777000000L------N FED RR NO''''S::::: PE:::::

AGENCY::::: CATHEDRAL CITY
PUC CODES::::: R///////W:::::

ROUTE:::::

PROJ OVERSIGHT::::: ASSUMED///////LOCAL ADMIN CON:::::

DISASTER NO:::::

ENV STATUS /////// EIS 1111111000000///////1111111888888///////222222200000022222223333333 SPR:::::

TIP DATA
RW STATUS /////// DT::::: 1111111 0000001111111///////0000003333333///////222222200000022222224444444 MCS:::::

MPO::::: SCAG
INV RTE::::: OTH:::::

FSTIP YR::::: 22222224444444///////2222222555555
BEG MP:::::

STIP REF::::: 2222222000000999999------777777000000000000000000------1111111333333333333331111111 END MP:::::

FSTIP ID SCAG0000001111111555555
BRIDGE NO:::::

PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URB///////RURAL DEMO ID YS3333333000000 3333333000000 22222221111111
YS3333333000000 33333331111111 1111111777777
Z22222224444444000000 1111111000000 1111111555555
ZS3333333000000 1111111000000 1111111555555

FUNDING SUMMARY

PHASE PROJECT COST FEDERAL COST AC COST
PE
PE PREV...... OBLIGATION $$$$$22222227777772222222,,,,,,000000000000000000......000000000000 $$$$$22222227777772222222,,,,,,000000000000000000......000000000000 $$$$$000000......000000000000 PE THIS $$$$$555555777777,,,,,,0000008888883333333......4444444666666 $$$$$000000......000000000000 $$$$$000000......000000000000 PE SUBTOTAL $$$$$33333332222222999999,,,,,,0000008888883333333......4444444666666 $$$$$22222227777772222222,,,,,,000000000000000000......000000000000 $$$$$000000......000000000000

R///////W
RW PREV...... OBLIGATION $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 RW THIS REQUEST $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 RW SUBTOTAL $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 CON
CON PREV...... OBLIGATION $$$$$1111111,,,,,,22222221111111777777,,,,,,1111111000000000000......000000000000 $$$$$1111111,,,,,,22222221111111777777,,,,,,1111111000000000000......000000000000 $$$$$000000......000000000000 CON THIS REQUEST $$$$$44444443333333,,,,,,444444422222224444444......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 CON SUBTOTAL $$$$$1111111,,,,,,2222222666666000000,,,,,,55555522222224444444......000000000000 $$$$$1111111,,,,,,22222221111111777777,,,,,,1111111000000000000......000000000000 $$$$$000000......000000000000 OTH
OTH PREV...... OBLIGATION $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 OTH THIS REQUEST $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 OTH SUBTOTAL $$$$$000000......000000000000 $$$$$000000......000000000000 $$$$$000000......000000000000 TOTAL::::: $$$$$000000......000000000000$$$$$1111111,,,,,,555555888888999999,,,,,,666666000000777777......4444444666666 $$$$$1111111,,,,,,4444444888888999999,,,,,,1111111000000000000......000000000000 11111112222222///////33333331111111///////22222220000002222222777777PROJECT END DATE (((((PED))))):::::

ALT...... PROJ NO:::::

STATE REMARKS
000000777777///////22222222222222///////22222220000001111111999999 This request for PE authorization to install advanced dilemma zone detection,,,,,, protected left turn phases,,,,,, and pedestrian countdown heads at ten intersection throughout the City of Cathedral City...... Project ID:::::H999999------ 000000888888------0000000000001111111;; Cycle 999999 Release Date 11111112222222///////11111112222222///////1111111888888;; 22222220000001111111999999FTIP Amendment 2222222 Approved on 11111112222222///////2222222000000///////1111111888888 000000888888///////11111113333333///////22222220000001111111999999 This is a request for preliminary engineering funding to install advanced dilemma zone detection,,,,,, protected left------turn phases,,,,,, and pedestrian countdown heads at ten intersections located throughout the City of Cathedral City using Highway Safety and Improvement Program (((((HSIP))))) funds awarded on 11111112222222///////11111112222222///////1111111888888 as a HSIP Cycle 999999 benefit------cost project programmed for FY 22222221111111------22222222222222 in Amendment ####888888 approved on 666666///////11111113333333///////1111111999999 to SCAG''''s 22222220000001111111999999 FTIP and EPSP''''d to FY 1111111888888------1111111999999 on 777777///////22222222222222///////1111111999999...... See also HSIPLN------55555544444443333333000000(((((00000033333333333333))))) for a companion safety project at twenty other intersections...... Federal funding is limited to a maximum of $$$$$33333332222222555555,,,,,,6666662222222555555 for preliminary engineering with a maximum reimbursement ratio of 1111111000000000000%%% for countermeasures...... Reimburse with Z22222224444444000000 Surface Transportation Block Grant Program (((((STBGP))))) funds at 1111111000000000000%%% on a pro rata reimbursement basis up to the federal amount shown for preliminary engineering...... Cycle 999999 Proj...... ####111111144444443333333,,,,,, HSIP ID H999999------000000888888------0000000000001111111...... 000000999999///////0000003333333///////22222220000001111111999999 STATE PROJECT NUMBER CHANGED FROM 0000008888881111111999999000000000000000000000000777777000000L------000000 TO 0000008888881111111999999000000000000000000000000777777000000L------N...... 11111111111111///////0000004444444///////222222200000022222221111111 Seq ####2222222::::: Authorize additional fund for PE in the amount of $$$$$4444444000000,,,,,,000000000000000000......000000000000 under ZS3333333000000...... Pro rata option selected and the project''''s MFRR is 1111111000000000000%%%...... 11111111111111///////000000777777///////222222200000022222221111111 Seq ####2222222::::: Authorize additional fund for PE in the amount of $$$$$4444444000000,,,,,,000000000000000000......000000000000 under ZS3333333000000 (((((HSIP FAST)))))...... Pro rata option selected and 1111111000000000000%%% max...... Federal Reimbursement 110022
110022

Ratio......
000000666666///////000000555555///////222222200000022222223333333 Sequence ####3333333 is a request to extend the project end date (((((PED))))) from 777777///////0000001111111///////22222223333333 to 666666///////3333333000000///////2222222666666...... The project was delayed for project scope changes caused by an overlap with a project being developed by the regional agency...... There are no other actions requested...... 0000003333333///////000000666666///////222222200000022222224444444 Seq ####4444444::::: Authorize funds for CON and CE in the amount of $$$$$1111111,,,,,,0000003333333000000,,,,,,555555000000000000......000000000000 under YS3333333000000...... Lump Sum option selected for CON at 8888882222222......555555777777%%% max...... Federal Reimbursement Ratio and CE 1111111000000000000%%% max...... Federal Reimbursement Ratio......
0000004444444///////11111111111111///////222222200000022222224444444 SEQ####4444444::::: Initial authorization of the CON phase...... Obligate 8888886666664444444,,,,,,888888000000000000 of YS3333333000000 for CON...... Obligate $$$$$1111111666666777777,,,,,,777777000000000000 of YS3333333000000 for CE...... SCAG FTIP FY 22222223333333///////22222224444444 in Amendment ####22222221111111 approved on 11111112222222///////22222221111111///////222222200000022222223333333...... Project funding is 1111111000000000000%%% federal participation for Safety Countermeasures...... HSIP ID::::: H999999------000000888888------0000000000001111111...... 0000001111111///////22222221111111///////22222220000002222222555555 SEQ ####555555::::: Request for Cost Adjustment of an additional $$$$$1111111888888666666,,,,,,666666000000000000 for CON...... 0000001111111///////22222224444444///////22222220000002222222555555 SEQ ####555555::::: Cost Adjustment of an additional $$$$$1111111888888666666,,,,,,666666000000000000 of YS3333333000000 for CON...... NEPA revalidation 1111111///////22222222222222///////22222220000002222222555555...... Maximum Reimbursement rate 1111111000000000000%%%...... 000000777777///////3333333000000///////22222220000002222222666666 SEQ ####666666::::: Request for Cost Adjustment of $$$$$4444444555555,,,,,,0000007777772222222......000000000000 CON funds to CE...... The City submitted the attached cost adjustment request to reallocate some construction savings to the CE budget...... The Award Package shows some additional PE and CE costs that would be funded by local funds...... The City agrees to maintain that commitment and requests only the identified additional CE costs...... 000000888888///////0000003333333///////22222220000002222222666666 SEQ ####666666::::: CON Cost Adjustment shifting $$$$$4444444555555,,,,,,0000007777772222222......000000000000 of YS3333333000000 CON funds to CE...... No federal funds requested......

FEDERAL REMARKS

AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST::::: P///////C PREPARED IN FADS BY::::: SOSA AGUILAR,,,,,, DANNY ON 22222220000002222222666666------000000777777------3333333000000 9999992222222555555------77777755555511111112222222 FOR::::: COST ADJUSTMENT REVIEWED IN FADS BY::::: YAMBAO,,,,,, RAIMUND ON 22222220000002222222666666------000000888888------0000003333333 6666665555554444444------333333344444443333333666666 DOCUMENT TYPE::::: AMOD SUBMITTED IN FADS BY::::: YAMBAO,,,,,, RAIMUND ON 22222220000002222222666666------000000888888------0000003333333 FOR CALTRANS PROCESSED IN FADS BY::::: SIGNATURE,,,,,, NOT_REQUIRED ON 22222220000002222222666666------000000888888------0000003333333 FOR FHWA E------777777666666 AUTHORIZED DATE IN FMIS JENNIFER NASCA ON 22222220000002222222666666------000000888888------000000777777 11111112222222:::::2222222666666:::::555555555555......000000 SIGNATURE HISTORY FOR PROJECT NUMBER 55555544444443333333000000(((((00000033333334444444))))) AS OF 000000888888///////1111111000000///////22222220000002222222666666

FHWA FMIS SIGNATURE HISTORY
MOD #### SIGNED BY SIGNED ON
555555 WAII HAYS 000000888888///////000000555555///////22222220000002222222666666 WAII HAYS 000000888888///////000000555555///////22222220000002222222666666 JENNIFER NASCA 000000888888///////000000777777///////22222220000002222222666666 4444444 JERILYNN FOGLE 0000001111111///////2222222777777///////22222220000002222222555555 JERILYNN FOGLE 0000001111111///////2222222777777///////22222220000002222222555555 JIYOUNG AHN 0000001111111///////2222222777777///////22222220000002222222555555 3333333 WAII HAYS 0000004444444///////2222222666666///////222222200000022222224444444 WAII HAYS 0000004444444///////2222222666666///////222222200000022222224444444 ABDUL ELKAISSI 0000004444444///////2222222999999///////222222200000022222224444444 2222222 JERILYNN FOGLE 000000666666///////11111112222222///////222222200000022222223333333 JERILYNN FOGLE 000000666666///////11111112222222///////222222200000022222223333333 JIYOUNG AHN 000000666666///////11111114444444///////222222200000022222223333333 1111111 JERILYNN FOGLE 11111111111111///////1111111000000///////222222200000022222221111111 JERILYNN FOGLE 11111111111111///////1111111000000///////222222200000022222221111111 RODNEY WHITFIELD 11111111111111///////2222222000000///////222222200000022222221111111 000000 JERILYNN FOGLE 000000999999///////11111111111111///////22222220000001111111999999 JERILYNN FOGLE 000000999999///////11111111111111///////22222220000001111111999999 JIYOUNG AHN 000000999999///////11111113333333///////22222220000001111111999999 FHWA FMIS 3333333......000000 SIGNATURE HISTORY 110033
110033

CALTRANS SIGNATURE HISTORY

DOCUMENT TYPE SIGNED BY SIGNED ON
AMEND///////MOD YAMBAO,,,,,, RAIMUND 000000888888///////0000003333333///////22222220000002222222666666 110044
110044

Staff Report
City Council
Item No. 4.E
Meeting Date: August 26, 2026
From: John A. Corella, Director of Public Works
Title: Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. to Develop the Safe Streets for All Comprehensive Safety Action Plan, Americans with Disabilities Act Transition Plan, and the Safe Routes to School Plan
RECOMMENDATION:

Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. in a not-to- exceed amount of $400,576.12 for preparation of the City’s Comprehensive Safety Action Plan, Americans with Disabilities Act Transition Plan, and Safe Routes to School Plan; approve a 14.53 percent contingency in the amount of $58,218.48 for unforeseen costs and optional services; approve a total project budget of $468,794.60, which includes the previously authorized NAI Consulting, Inc. Task Order in a not-to-exceed amount of $10,000.00 for project management services; authorize the City Engineer to approve amendments to the Professional Services Agreement within the approved contingency amount; and authorize the City Manager to execute the Agreement and all required contract documents.

BACKGROUND:

The Federal Highway Administration's (FHWA) Safe Streets and Roads for All (SS4A) program provides funding to support local agencies in developing comprehensive transportation safety plans that implement the Safe System Approach and reduce roadway fatalities and serious injuries for all roadway users. A Comprehensive Safety Action Plan (CSAP) serves as the foundation for identifying transportation safety priorities, developing evidence-based safety strategies, and positioning agencies to compete for future federal implementation funding.

In March 2026, the City of Cathedral City was awarded funding through the U.S. Department of Transportation's Safe Streets and Roads for All (SS4A) program to develop a Comprehensive Safety Action Plan (CSAP), along with supplemental planning efforts including an Americans with Disabilities Act (ADA) Transition Plan and a Safe Routes to School (SRTS) Plan. These integrated planning efforts will establish a comprehensive framework to improve transportation safety, accessibility, and multimodal mobility throughout the city while advancing the city's long-term goal of eliminating roadway fatalities and serious 11 11

injuries.

As part of the SS4A planning effort, the city recently completed and adopted an update to its Local Roadway Safety Plan (LRSP) in June 2026. The LRSP includes a comprehensive analysis of roadway collision data, identification of high-risk corridors and intersections, and recommended systemic and location-specific safety countermeasures. The adopted LRSP serves as the technical foundation for development of the CSAP and related planning efforts.

The selected consultant will build upon and refine the LRSP findings, as necessary, to satisfy FHWA SS4A requirements and develop a comprehensive implementation strategy.

The CSAP will serve as the city's overarching transportation safety framework by incorporating the findings of the ADA Transition Plan and SRTS Plan into a unified implementation strategy. Together, these planning documents will establish a data-driven approach to improving roadway safety, enhancing accessibility for individuals with disabilities, increasing safety for students walking and bicycling to school, and positioning the city to pursue future federal implementation funding opportunities.

DISCUSSION:

The City issued a Request for Qualifications/Proposals (RFQ/P) seeking a qualified consulting firm with demonstrated experience preparing Comprehensive Safety Action Plans, ADA Transition Plans, Safe Routes to School Plans, multimodal transportation planning studies, public outreach programs, and projects funded through the Federal Highway Administration's Safe Streets and Roads for All (SS4A) program.

The selected consultant will prepare three integrated planning documents over an approximately twenty-four (24) month performance period, including the Comprehensive Safety Action Plan, ADA Transition Plan, and Safe Routes to School Plan. Major project tasks include:
Project management and coordination with city staff and stakeholders. Development of project goals, objectives, and performance records. Preparation of Comprehensive Safety Action Plan consistent with FHWA Safe System Approach guidance.
Preparation of ADA Transition Plan, including field assessments of public right of ways, public facilities, and parks.
Preparation of Safe Routes to School Plan, including school walk audits and parent surveys.
Development of prioritized safety improvements, implementation strategies, planning- level cost estimates, and potential funding opportunities.

The RFQ/P was published on the city’s website on June 26, 2026, and advertised in the Desert Sun. Proposals were due July 27, 2026. The city received proposals from the following companies:

Company Location
Minagar & Associates, Inc. Laguna Hills, CA
Linscott, Law & Greenspan, Engineers, Inc. Pasadena, CA Kimley-Horn & Associates, Inc. Palm Desert, CA
Iteris Almaviva Group, Inc. Santa Ana, CA
22 22

TJKM Transportation Consultants Pleasanton, CA
Proposals were evaluated in accordance with the selection procedures established in the RFQ/P. The proposals were reviewed by an evaluation panel consisting of city staff from the Engineering, Financial Services, Building, and Fire Departments. Each proposal was evaluated based upon the consultant's qualifications, project understanding, technical approach, experience with similar projects, project team, public engagement approach, and ability to successfully deliver the required planning documents. A summary of the proposal evaluation is included as Attachment 1.

Following a thorough review of the proposals, Kimley-Horn and Associates, Inc. (Kimley Horn) was determined to be the most qualified and responsive consultant based upon its demonstrated experience with FHWA SS4A planning projects, CSAP, ADA Transition Plans, SRTS planning, multimodal transportation safety analysis, and public engagement.

Following completion of evaluations, the cost proposal submitted by Kimley Horn was opened and reviewed in accordance with applicable federal procurement requirements. Staff determined the proposed fee to be fair and reasonable for the scope of services and consistent with current market rates.

In addition to the cost proposal for the scope of services, Kimley-Horn included several optional services, including:
Pop-up events
Additional stakeholder outreach
Additional ADA data collection
Interactive mapping software
Staff recommend authorizing the remaining available grant funding and corresponding programmed city match as a project contingency to allow the project management team to evaluate the optional services as the project progresses and determine which services will provide the greatest value toward successful completion of the project.

Therefore, staff recommend that City Council Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. in a not-to-exceed amount of $400,576.12 for preparation of the City’s Comprehensive Safety Action Plan, Americans with Disabilities Act Transition Plan, and Safe Routes to School Plan; approve a 14.53 percent contingency in the amount of $58,218.48 for unforeseen costs and optional services; approve a total project budget of $468,794.60, which includes the previously authorized NAI Consulting, Inc. Task Order in a not-to-exceed amount of $10,000.00 for project management services; authorize the City Engineer to approve amendments to the Professional Services Agreement within the approved contingency amount; and authorize the City Manager to execute the Agreement and all required contract documents.

The Professional Services Agreement with Kimley-Horn and Associates, Inc., including the scope of work, compensation by task, applicable labor rates, and required federal funding provisions, is included as Attachment 2.

FISCAL IMPACT:

The Comprehensive Safety Action Plan project is funded through the Federal Highway 33 33

Administration (FHWA) Safe Streets and Roads for All (SS4A) Grant Program. The project was awarded a total budget of $499,700.00, consisting of an 80 percent federal share and a 20 percent local match, programmed in the 5-Year Capital Improvement Plan with Measure A funds.

Following execution of the SS4A Grant Agreement, a portion of the costs associated with preparation of the city's Local Roadway Safety Plan (LRSP) became eligible for reimbursement under the grant. Because the city initiated the LRSP update prior to execution of the grant agreement to meet Caltrans Highway Safety Improvement Program (HSIP) requirements, only costs incurred after execution of the grant agreement were eligible for reimbursement. As a result, $24,635.52 in SS4A grant funds and $6,269.88 in Measure A local matching funds have been expended to date for eligible LRSP activities. The remaining $19,616.47 in LRSP costs was incurred prior to execution of the SS4A Grant Agreement and was funded through the Engineering Division's Professional and Technical Services budget.

Project Funding Summary
Funding Source Original Budget Expended Remaining
FHWA SS4A Grant (80%) $399,760.00 ($24,635.52) $375.124.48 Measure A Local Match (20%) $99,940.00 ($6,269.88) $93,670.12 Total Project Budget $499,700.00 ($30,905.40) $468,794.60 The cost proposal submitted by Kimley Horn is in the amount of $400,576.12. Staff recommends approval of a 14.53 percent contingency of $58,218.48 to address unforeseen costs that may arise during completion of the project or for the optional additional services that Kimley Horn proposes. In addition, the project budget includes a previously authorized task order with NAI Consulting, Inc. in an amount not-to-exceed $10,000.00 for grant administration and project management services.

Project Budget Allocation
Description Amount
Professional Services Agreement with Kimley-Horn and Associates, Inc. $400,576.12

14.53% Contingency $58,218.48
NAI Project Management Task Order $10,000.00
Total Project Budget $468,794.60

FISCAL YEAR

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2026-2027 CIP Funds 331-100-150-
156-8600-8601 C06516 $375,035.68 ONE TIME
2026-2027 Measure A 243-100-156-
8600-8601 C06516 $93,758.92 ONE TIME
2026-2027 Total $468,794.60
FIVE-YEAR STRATEGIC PLAN:

Goal B- Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other infrastructure are well 44 44

planned, designed, constructed and maintained.

ATTACHMENTS:

1. Evaluation Summary

2. Professional Services Agreement with Kimley Horn
55 55

Scores Minagar & Associates, Inc. Linscott, Law & Greenspan, Engineers Kimley-Horn and Associates, Inc. Iteris Almaviva Group TJKM Transpo rtation Consultants Rater 1 212.5 285 300 285 210
Rater 2 286 322.5 343.5 340 333.5
Rater 3 250 310 240 255 240
Rater 4 370 370 375 350 365
Rater 5 212.5 237.5 302.5 265 210
AVERAGE 266.2 305.0 312.2 299.0 271.7
Rankings
Minagar & Associates, Inc. Linscott, Law & Greenspan, Engineers Kimley-Horn and Associates, Inc. Iteris Almaviva Group TJKM Transpo rtation Consultants Rater 1 42125
Rater 2 54123
Rater 3 31424
Rater 4 22145
Rater 5 53124
AVERAGE 3.8 2.4 1.6 2.4 4.2
RFQ/P - Professional Construction Engineering Services
SS4A: Comprehensive Safety Action Plan, ADA Transition Plan, and Safe Routes to School Plan Average of Total Score
RFQ/P - Professional Construction Engineering Services
SS4A: Comprehensive Safety Action Plan, ADA Transition Plan, and Safe Routes to School Plan Average of Rankings
666
666

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AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
KIMLEY-HORN AND ASSOCIATES, INC.

This Agreement for Professional Services (“Agreement”) is entered into as of August 22, 2026 (“Effective Date”) by and between the City of Cathedral City , a municipal corporation ”), organized under the laws of the State of California, with its principal place of business at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234 (“City”) and Kimley-Horn and Associates, Inc. , a California 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 and Consultant represents that it is experienced in providing the engineering support services to public clients, is licensed in the State of California, and is familiar with the plans of the City.

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 c ontained 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 two (2) years 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 o f 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) The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Exhibit “B” “Compensation”. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lum p sum compensation will not be effective until authorized by Agreement amendment and approved by City. (b) Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in Exhibit “A” “Scope of Services”, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 20, “Termination of Agreement”. (c) Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been 88 88

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issued by City’s Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement.
(d) Consultant will be reimbursed within thirty (30) days upon receipt by City’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due that include any equipment purchased under the provisions of Article XI Equipment Purchase of Exhibit “D” “Federal Provisions” . The final invoice must be submitted within sixty (60) c alendar days after completion of Consultant’s work unless a later date is approved by the City. Invoices shall be emailed to City’s Contract Administrator at the following address:
[email protected].
(e) The total amount payable by City shall not exceed $400,576.12.

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 . . 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 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. OWNERSHIP OF MATERIALS; EXCEPTIONS; WARRANTY. (a) Documents and Data. 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 (“Materials”) 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 Materials.
(b) If and to the extent that City utilizes for any purpose not related to this Agreement any Materials 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 Materials. (c) Consultant warrants that all Materials it drafts a nd completes pursuant to this Agreement constitutes original 99 99

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work. Specifically, Consultant understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Materials generated by such AI tools to City and representing it as Consultant’s original work constitutes a material breach of th is Agreement, constitutes a false claim, and may also violate applicable intellectual property rights law including without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Materials. Consultant is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

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 s o 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 los t 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 1100
1100

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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.
(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 me eting 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 crit eria 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 consi dered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
(c) Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Consultant shall at all times enforce strict discipline and good order among its employee s. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Services, or any employee who fails or refuses to perform the Services in a manner acceptable to the 1111
1111

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City, shall be promptly removed from the Services to be performed by the Consultant and shall not be re-employed on the Services.

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 and such licenses, permits and approvals shall be maintained throughout the Term of 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.

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. It is the understanding of City and Consultant that California prevailing wage laws may not apply to this Agree ment because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees, volunteers and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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, i ncluding 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. 1122
1122

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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. (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. Consultant shall not use City’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 1133
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(b) Consultant, its officers, employees, agents o r 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, interrog atories, 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 , volunteers and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, volunteers, 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 concurre nt 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 1144
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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 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 witho ut 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 1155
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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. If City does not agree to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, a t 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) 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. (c) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which i s 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 warrant , however, the timeframe may also be shortened if the default results in a safety issue or imminent threat t o City employees or the public in the sole discretion of the City . During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If 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 11666
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public enemy, ac ts 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, wit hout 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
Email: [email protected]
To Consultant: Kimley-Horn and Associates, Inc.

Attn : Jason Melchor, PE
36951 Cook Street #103
Palm Desert, CA 92211
Email : [email protected]

Notice may also be sent by email. 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. If sent by email, notice shall be deemed effective on the date sent. Notice sent by email must be confirmed within forty -eight (48) hours by letter ma iled or delivered. Other forms of electronic transmission such as text messages and instant messages are not acceptable manners of notice required hereunder.

SECTION 25. AUTHORITY TO EXECUTE.

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. 1177
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the Cit y 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 and its adopted policies and procedures.

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 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. 1188
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SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhib its "A" through " D", 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 Services are funded either in whole or in part by a federal grant, Consultant shall comply with the requirements of Exhibit “D” “Federal Funds.” SECTION 36. DATA PROTECTION.
(a) Consultant shall protect, using the most secure means and technology that is commercially available, C ity-provided data or consumer -provided data acquired in the course and scope of this Agreement, including but not limited to customer lists and customer credit card or consumer data, (collecti vely, the “City Data”). Consultant shall notify C ity in writing as soon as reasonably feasible, and in any event within twenty-four (24) hours, of Consultant’s discovery or reasonable belief of any unauthorized access of City Data (a “Data Breach”), or of any incident affecting, or potentially affecting City Data related to cyber security (a “Security Incident”), including, but not limited to, denial of service attack, and system outage, instability or degradation due to computer malware or virus. Consultant shall begin remediation immediately.

Consultant shall provide daily updates, or more frequently if required by C ity, regarding 1199
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findings and actions performed by Consultant until the Data Breach or Security Incident has been effectively resolved to C ity’s satisfaction. Consultant shall conduct a n investigation of the Data Breach or Security Incident and shall share the report of the investigation with C ity. At C ity’s sole discretion, C ity and its authorized agents shall have the right to lead or participat e in the investigation. Consultant shall cooperate fully with City, its agents and law enforcement.
(b) If City is subject to liability for any Data Breach or Security Incident, then Consultant shall fully indemnify and hold harmless C ity and defend against any resulting actions.

SECTION 37. SAM.GOV CHECK.

This Agreement is governed by 2 CFR 200 Appendix II (H) of the Contract Provisions for Non -Federal Contracts Under Federal Awards: “Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.”
SECTION 38. CONFLICTING TERMS.

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

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

CITY OF CATHEDRAL CITY Kimley-Horn and Associates, Inc. __________________________ ___________________________
Andrew Firestine By: Jason Melchor, PE
City Manager Its: QA/QC 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.
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A-1
EXHIBIT "A"

SCOPE OF SERVICES
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City of Cathedral City • RSCACOAC016773.2026
12 Safe Streets for All (SS4A) (City Project No. C06516)

SCOPE OF WORK
Task 1 — Project Management/Administration
Kimley-Horn will provide project management for this Project, which is subject to FHWA SS4A requirements and 2 CFR Part 200 Uniform Guidance.

1.1 Kick-Off Meeting:

The team will prepare the agenda and lead a kick-off meeting with City staff and will prepare meeting notes.

1.2 Ongoing Coordination:

Kimley-Horn will provide coordination with City staff and technical stakeholders. The team will provide updates to the stakeholder committee, timed in advance of stakeholder meetings.

1.3 Progress Meetings:

Kimley-Horn will conduct up to 18 progress meetings. Assuming a 14-month schedule, this provides the opportunity to have monthly meetings and then more frequent meetings when there are periods of high-activity.

1.4 Schedule and Milestone Tracking:

Kimley-Horn will prepare a project schedule which identifies milestones and deliverables and will update when necessary.

The project anticipates a 14-month schedule, but Kimley-Horn will provide contingency for the schedule to extend up to 18 months if requested by the City.

1.5 Action Tracker
Kimley-Horn will develop a project action tracker which will be updated throughout the project to document key items and milestones.

1.6 Progress Reports
Kimley-Horn will prepare concise monthly progress reports and will submit to the City with monthly invoices to be compliant with FHWA SS4A Requirements and 2 CFR Part 200 Guidelines.

1.7 Stakeholder Committee:

Kimley-Horn / Burke Rix (BRC) will identify committee members with input from City staff, establish a single stakeholder committee serving all three plans, maintain a contact list, and draft a committee introduction email.

1.8 Notification Campaigns:

In advance of each stakeholder meeting (identified under Tasks 3–5), the team will conduct a notification campaign in coordination with the City’s Communications Department. The notifications will be provided in English / Spanish through e-mail distribution and a social media toolkit for posting on City and stakeholder social media accounts. For larger events, the team will utilize media advertisements, which will be limited to the advertisement budget outlined in the Cost Proposal. For each stakeholder meeting and walk audit (identified under Task 3-5), we will have at least one Spanish speaking team member to provide in person interpretation services.

Deliverable(s):
⬔ Kick-off meeting agenda
⬔ Progress meetings (up to 18)
⬔ Project schedule
⬔ Project action item tracker
⬔ Progress reports
⬔ Formation of a stakeholder committee, contact list,
and e-mail invitation
⬔ Notification campaigns in advance of stakeholder
meetings (6 total outlined in Tasks 3-5)
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City of Cathedral City • RSCACOAC016773.2026
13 Safe Streets for All (SS4A) (City Project No. C06516) Task 2 — Develop Plan Goals and Objectives
Kimley-Horn will work with City staff, stakeholders, and the community to establish the vision, goals, objectives, and performance measures shared across the CSAP , ADA Transition Plan, and SRTS Plan. We will review existing plans, policies, studies, and safety initiatives, including the 2026 LRSP , the 2023 Active Transportation Plan, the 2025 Engineering and Traffic Survey, and the 2015 ADA accessibility reports.

The team will identify and engage key stakeholders, including City departments, the Cathedral City Police Department, school districts, transit providers, advocacy groups, community-based organizations, elected officials, and residents, and will develop and maintain a stakeholder database identifying key City contacts, stakeholder groups, and neighborhood organizations to inform of workshops and project updates. Along with developing goals and objectives supporting the City’s long-term vision of eliminating roadway fatalities and serious injuries, Kimley-Horn will work with the City to establish performance measures and evaluation criteria to support implementation and future updates.

Deliverable(s):
⬔ Literature review summary and data inventory matrix
⬔ Stakeholder database
⬔ Goals, objectives, and performance-measure
technical memorandum
Task 3 — Comprehensive Safety Action Plan
Kimley-Horn will prepare the CSAP consistent with FHWA SS4A guidance and the Safe System Approach, building on — not duplicating — the analysis in the City’s June 2026 LRSP to perform the following:
⬔ Use the LRSP’s collision analysis (464 injury collisions, 2020–2024) as the primary technical foundation, updating only as necessary for SS4A compliance.
⬔ Apply a Safe System Approach to identify systemic safety risks and citywide priorities for all roadway users, with emphasis on the corridors and intersections already identified in the LRSP (Date Palm Drive, Ramon Road, East Palm Canyon Drive, and the Cathedral Canyon Drive intersections). ⬔ Refine and prioritize a High Injury Network incorporating equity, exposure, and vulnerable-road-user considerations, consistent with the City’s disadvantaged-community designation. ⬔ Develop a coordinated implementation framework of policies, programs, and infrastructure strategies, and identify and prioritize evidence-based countermeasures and innovative safety technologies. ⬔ Develop implementation phasing, planning-level cost estimates, and funding strategies, building on the LRSP’s 18 identified spot-improvement locations.
⬔ Establish performance measures and a monitoring framework to track progress toward reducing fatal and serious- injury crashes.
⬔ Coordinate CSAP recommendations with the ADA Transition Plan and SRTS Plan to develop one integrated safety strategy.

The team will coordinate two in-person stakeholder workshops for the CSAP , assuming one round of notification before each meeting and a City-provided venue space at no rental cost. Each workshop will be supported by up to three project boards and one project presentation, prepared by Kimley-Horn. A summary will be provided following each workshop.

Deliverable(s):
⬔ Updated High Injury Network and equity overlay maps
⬔ Countermeasure toolbox and prioritized project list
with implementation phasing and cost estimates
⬔ Administrative draft, draft, and final Comprehensive
Safety Action Plan
⬔ Two stakeholder workshop summaries
Task 4 — ADA Transition Plan
Kimley-Horn will prepare an ADA Transition Plan evaluating accessibility within the public right-of-way, public facilities, and parks, using the City’s 2015 accessibility reports as baseline reference, updating, and supplementing them with current field assessments and GIS-based data collection. Kimley-Horn will:
⬔ Conduct a field review of the public right-of-way, public facilities, and parks to establish a current inventory of accessibility barriers that do not meet current ADA standards. This will include the evaluation of up to ten building and park sites and up to 35 miles of sidewalk, curb ramps, traffic signal push buttons, transit stops and crosswalks.

Kimley Horn has scoped additional data collection under task O3. ⬔ Prepare a structured ADA Accessibility Analysis, classifying barriers and identifying system-wide accessibility gaps for the area that is covered in the field review.
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City of Cathedral City • RSCACOAC016773.2026
14 Safe Streets for All (SS4A) (City Project No. C06516) ⬔ Develop a phased implementation framework and planning-level cost estimates for barrier removal, prioritized using the same equity criteria applied in the CSAP .

The team will coordinate two in-person stakeholder workshops for the ADA Transition Plan, assuming one round of notification before each meeting and City-provided venue space at no rental cost. Each workshop will be supported by up to three project boards and one project presentation, prepared by Kimley-Horn. A summary will be provided following each workshop.

Deliverable(s):
⬔ Updated ADA barrier inventory and GIS database
⬔ ADA Accessibility Analysis technical memorandum
⬔ Administrative draft, draft, and final ADA Transition Plan ⬔ Two stakeholder workshop summaries
Task 5 — Safe Routes to School Plan
Kimley-Horn will prepare a Safe Routes to School Plan evaluating pedestrian and bicycle access, traffic safety conditions, and neighborhood connectivity at each of the City’s nine public schools, coordinated with school districts and other stakeholders.

Walk Audits:

Conduct school walk audits at all nine Cathedral City public schools: Cathedral City High School, Mt. San Jacinto High School, James Workman Middle School, Nellie N. Coffman Middle School, Agua Caliente Elementary School, Cathedral City Elementary School, Landau Elementary School, Rio Vista Elementary School, and Sunny Sands Elementary School.

Kimley-Horn will lead each audit and will provide a summary following each audit.

Parent Surveys:

Kimley-Horn will conduct up to two parent surveys, provided in English and Spanish.

Recommendations:

Kimley-Horn will develop recommended safety improvements and strategies consistent with SRTS best practices and the Safe System Approach, including prioritized improvements, implementation phasing, and planning-level cost estimates, coordinated with the CSAP and ADA Transition Plan.

Stakeholder Workshops:

The team will coordinate two in-person stakeholder workshops for the SRTS Plan, with one round of notification before each meeting and City-provided venue space at no rental cost. Each workshop will be supported by up to three project boards and one project presentation, prepared by Kimley-Horn. A summary will be provided following each workshop.

Deliverable(s):
⬔ School walk audit summaries (eight schools)
⬔ Parent survey results summary (English/Spanish)
⬔ Prioritized SRTS project list with implementation
phasing and cost estimates
⬔ Administrative draft, draft, and final Safe Routes to School Plan
⬔ Two stakeholder workshop summaries
Task 6 — Final Documentation and Adoption Support
Kimley-Horn will prepare administrative draft, draft, and final versions of all three plans, along with executive summaries, presentation materials, GIS data and maps and will support the City through the adoption process.

City Council Meetings:

Kimley-Horn will attend one City Council study session and one City Council adoption meeting. Kimley-Horn will develop the presentation materials for both meetings.

Engagement Summary:

Kimley-Horn / BRC will compile all outreach event summaries from Tasks 3–5 into one consolidated Engagement Summary for submittal to the City.
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City of Cathedral City • RSCACOAC016773.2026
15 Safe Streets for All (SS4A) (City Project No. C06516) Deliverable(s):
⬔ Executive summaries and City Council presentation
materials for two meetings
⬔ Consolidated Engagement Summary
⬔ Final, Council-adopted Comprehensive Safety Action
Plan, ADA Transition Plan, and Safe Routes to
School Plan
Optional Tasks (available at the City’s request)
Optional Task 1 – PublicCoordinate
Kimley-Horn will host for the duration of the project (assumes up to 18 months) a project interactive map where the community can post comments on a citywide map.

Optional Task 2 – StoryMap
Kimley-Horn will develop a StoryMap website. The StoryMap will include photos and project graphics and will be updated at key project milestones. Kimley-Horn will be responsible for hosting the website for the project duration (assumes up to 18 months).

Optional Task 3 – Pop-Up Events
Kimley-Horn and BRC can attend up to five community pop-up events — for example, the Cathedral City Hot Air Balloon Festival, Cathedral City LGBT+ Days, and the Taste of Jalisco Festival — with one Spanish-speaking team member present at each and will provide a summary of attendees, photos, and outcomes after each event.

Optional Task 4 – Additional Virtual Stakeholder Meetings The team can organize three additional virtual stakeholder meetings, one for each plan component (CSAP , ADA, SRTS).

Kimley-Horn / BRC will prepare presentation materials, provide notification to the community, and lead the presentation.

Optional Task 5 – Additional ADA Data Collection
Conduct additional field review of the public right-of-way, public facilities, and parks to establish a current inventory of accessibility barriers that do not meet current ADA standards. This will include the evaluation of up to five building and park sites and up to 15 miles of additional sidewalk, curb ramps, traffic signal push buttons, transit stops and crosswalks.

PROJECT SCHEDULE
Phase Approximate Timeframe Key Milestones
Project Initiation and Goal
Setting (Tasks 1–2) Months 1–3 Kick-off meeting; stakeholder committee established; goals and objectives memorandum
Existing Conditions, Field
Surveys and Data Analysis Months 2–7 LRSP data refinement; ADA field survey; school walk audits (Round 1); parent survey (Round 1)
Stakeholder Workshops —
Round 1 (Tasks 3–5) Months 4–8 First CSAP , ADA, and SRTS stakeholder workshops Plan Development and
Countermeasure Prioritization Months 8–12 High Injury Network refinement; ADA barrier prioritization; SRTS project list; cost estimates
Stakeholder Workshops —
Round 2 and Public Engagement Months 12–13 Second CSAP , ADA, and SRTS stakeholder workshops; parent survey (Round 2)
Administrative Draft and
Draft Plans Months 13–14 Administrative draft and draft CSAP , ADA Transition Plan, and SRTS Plan to City for review
Final Plans, Council Adoption
and Public Availability Months 14–15 City Council study session; final plan revisions; Council adoption; plans publicly available by October 2028
Contingency Month 15–24
Accelerated schedule proposed to meet future grant
cycle opportunities and additional implementation
support as needed
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B-1
EXHIBIT "B"

COMPENSATION
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196.75% Overhead% Name
Kameron
Qureshi
Jason
Melchor
Darryl
dePencier
195.87% Overhead% w/o FCCM Category/Title Project
Manager
QC/QA
Manager
Principal-in-
Charge
10% Fee% Direct Rate $72.90 $104.18 $84.28 $98.10 $82.87 $67.12 $56.77 $51.21 $48.80 $45.20 Billing Rate $237.90 $339.98 $275.04 $320.14 $270.44 $219.04 $185.26 $167.12 $159.25 $147.50 Task 1 60 4 4 20 20 80 16 20 25 10 259 $ 57,831.35 Task 2 20 4 4 10 60 80 100 278 $ 55,094.30
Task 3 10 2 4 4 20 50 80 170 $ 30,240.93
Task 4 10 5 4 20 25 15 40 10 129 $ 27,002.33
Task 5 16 2 4 4 30 35 45 80 216 $ 40,182.79
Task 6 20 4 10 20 10 40 60 80 20 264 $ 54,172.01
136 21 30 58 50 235 226 335 185 40 1,316
$32,354.36 $7,139.54 $8,251.10 $18,567.92 $13,521.77 $51,473.79 $41,869.10 $55,984.25 $29,461.70 $5,900.17 $ 264,523.71 $ 136,052.41
$ 1,000.00
$ 1,000.00
$ 50,000.00
$ 30,000.00
$ 54,052.41
$ 400,576.12
Task O
2 2 20 24 $ 4,150.94
8 8 20 20 40 96 $ 18,837.35
20 10 30 10 70 $ 15,886.09
10 15 10 20 55 $ 11,630.49
38 33 52 42 80 245
$9,040.19 $8,924.37 $11,389.94 $7,780.98 $13,369.37 $ 50,504.86 $ 56,414.99
$ 17,414.99
$ 4,000.00
$ 25,000.00
$ 10,000.00
$ 106,919.85
TOTAL COST:

Travel/Mileage
Optional Tasks Subtotal Labor:

OPTIONAL TASKS TOTAL HOURS
Additional Stakeholder Outreach
Additional ADA Data Collection
Optional Tasks
Optional Tasks (Available at the City's Request)
StoryMap
Pop-Up Events
Partner
DaxBot
Burke Rix Communications, LLC
Outside Printing/Courier Services

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
Safe Routes to School Plan
Final Documentation and Adoption Support
ADA Transition Plan
City of Cathedral City
Comprehensive Safety Action Plan, ADA Transition Plan, and Safe Routes to School Update Kimley-Horn and Associates, Inc.

Project
Support
TOTAL
HOURS
TOTAL
COST
Sr.

Professional I Professional II Professional I Analyst II Analyst I Project Management/Administration
Sr.

Professional II
Develop Plan Goals and Objectives
Comprehensive Safety Action Plan
Burke Rix Communications, LLC
Other Direct Costs
OPTIONAL TASKS TOTAL COST:

DaxBot
Partner
Kimley-Horn Proprietary Software (Public Coordinate)
2288
2288

Name Brian Rix Josh Zipperman Geena Vescial

46.61% Overhead % Category/Title
Chief
Strategist Outreach Manager Outreach
Specialist
10% Fee% Direct Rate $114.94 $91.43 $54.86
Billing Rate $185.36 $147.45 $88.47
Task 1 14 55 20 89 $ 12,474.33

1.1 2 2 4 $ 665.63

1.2 5 18 10 33 $ 4,465.66

1.3 2 10 12 $ 1,845.23

1.7 5 25 10 40 $ 5,497.81
Task 2 20 10 30 $ 3,833.73

2.1 20 10 30 $ 3,833.73
Task 3 2 30 15 47 $ 6,121.33

3.1 2 30 15 47 $ 6,121.33
Task 4 2 30 15 47 $ 6,121.33

4.1 2 30 15 47 $ 6,121.33
Task 5 7 60 45 112 $ 14,125.86

5.1 2 30 15 47 $ 6,121.33

5.2 3 20 20 43 $ 5,274.56

5.3 2 10 10 22 $ 2,729.96
Task 6 5 20 25 $ 3,875.83

6.1 2 6 8 $ 1,255.43

6.2 2 6 8 $ 1,255.43

6.3 1 8 9 $ 1,364.97
30 215 105 350
$5,560.95 $31,701.77 $9,289.69 $ 46,552.41
$ 7,500.00
$ 3,000.00
$ 1,500.00
$ 3,000.00
$ 54,052.41
Task O 6 70 45 121 $ 15,414.99
O.1 3 30 15 48 $ 6,306.70
O.2 3 40 30 73 $ 9,108.30
6 70 45 121
$1,112.19 $10,321.51 $3,981.30 $ 15,414.99
$ 2,000.00
$ 2,000.00
$ 17,414.99
Progress Meetings
City of Cathedral City
Comprehensive Safety Action Plan, ADA Transition Plan, and Safe Routes to School Update Burke Rix Communications, LLC
Total
Hours
Total
Costs
Project Management/Administration
Kick-Off Meeting
Facilitate Ongoing Coordination w/ Stakeholders
Establish Committee to Perform Outreach
Develop Plan Goals and Objectives
Identify & Engage Stakeholders / Maintain Database
Comprehensive Safety Action Plan
Two Stakeholder Meetings + Brief Summaries
Support Parent Surveys
ADA Transition Plan
Two Stakeholder Meetings + Brief Summaries
Safe Routes to School Plan
Two Stakeholder Meetings + Brief Summaries
Support School Walk Audits
Final Documentation and Adoption Support
City Council Study Session
City Council Meeting
Engagement Summary

TOTAL HOURS
Subtotal Labor:

Other Direct Costs
News Outlet Advertisements for Meetings (2)
Social Media Advertisements for Meetings
Community Meeting Materials
TOTAL COST:

Optional Tasks
Optional Tasks
Virtual Meetings
Pop-Up Events
OPTIONAL TASKS TOTAL COST:

OPTIONAL TASKS TOTAL HOURS
Optional Tasks Subtotal Labor:

Other Direct Costs
Community Meeting Materials
2299
2299

Personnel Category Direct Rate
Overhead
196.75%
(contains 0.88%
FCCM)
Fee*
10% Billing Rate
Kameron Qureshi, Project Manager $72.90 $143.43 $21.57 $237.90 Jason Melchor, QC/QA Manager $104.18 $204.97 $30.82 $339.98 Darryl dePencier, Principal-in-Charge $84.28 $165.82 $24.94 $275.04 Analyst I $48.80 $96.01 $14.44 $159.25
Analyst II $51.21 $100.76 $15.15 $167.12
Professional I $56.77 $111.69 $16.80 $185.26
Professional II $67.12 $132.06 $19.86 $219.04
Sr. Professional I $82.87 $163.05 $24.52 $270.44
Sr. Professional II $98.10 $193.01 $29.02 $320.14
Sr. Professional III $119.24 $234.60 $35.28 $389.12
Sr. Professional IV $130.36 $256.48 $38.57 $425.41
Technical Support $33.66 $66.23 $9.96 $109.85
Project Support $45.20 $88.93 $13.37 $147.50
* Fee is not charged to the FCCM portion of Kimley-Horn's Overhead Rate Rates are effective through June 30, 2027. Subject to annual escalation thereafter.

Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, Misc. Field Equipment/Supplies, and Travel Expenses will be billed at actual cost. Mileage will be billed at the Federal Rate.

Hourly Labor Rate Schedule
3300
3300

Inspector General California Department of Transportation 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 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 theto 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 costprinciples 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 48CFR Part 31• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wagepolicy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E ConsultantContracts.•I am providing the required and applicable documents as instructed on the Financial Document Review Request form. Financial Management System: 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. • Account numbers identifying allowable direct, indirect, and unallowable cost accounts;• Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate costaccounts;1 Kimley-Horn and Associates, Inc.195.87 175.190.8801/01/2025 - 12/31/2025 3311
3311

• Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; •
• 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 requirement 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 & • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is •
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**:
establish the indirect cost rate.

Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not Audits and Investigations.
2 406,420,412.00
50 25+
Tammy Flanagan Chief Financial Officer
[email protected](919) 677-2016
05/27/2026
3322
3322

&HUWL¿FDWLRQRI,QGLUHFW&RVWVDQG)LQDQFLDO0DQDJHPHQW6\VWHP,QGHSHQGHQW2I¿FHRI$XGLWVDQG,QYHVWLJDWLRQV5HYLVHG
Inspector General
California Department of Transportation
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
+RPH2ႈFH5DWH
DQG)LHOG2ႈFH5DWH
LIDSSOLFDEOH

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 FRQVXOWDQW¶VRQH\HDUDSSOLFDEOHDFFRXQWLQJSHULRGIRUZKLFKILQDQFLDOVWDWHPHQWVDUHUHJXODUO\SUHSDUHGE\WKHFRQVXOWDQW ,KDYHUHYLHZHGWKHSURSRVDOWRHVWDEOLVKDQ,&5
V
IRUWKHILVFDOSHULRGDVVSHFLILHGDERYHDQGKDYHGHWHUPLQHG 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.
• $OONQRZQPDWHULDOWUDQVDFWLRQVRUHYHQWVWKDWKDYHRFFXUUHGVXEVHTXHQWWR\HDUHQGDIIHFWLQJWKHFRQVXOWDQW¶V RZQHUVKLSRUJDQL]DWLRQDQGLQGLUHFWFRVWUDWHVKDYHEHHQGLVFORVHGDVRIWKHGDWHRIWKLVFHUWLILFDWLRQ I am providing the required and applicable documents as instructed on the Financial Document Review Request form.

Financial Management System:
2XUODERUFKDUJLQJMREFRVWLQJDQGDFFRXQWLQJV\VWHPVPHHWWKHVWDQGDUGVIRU¿QDQFLDOUHSRUWLQJDFFRXQWLQJ 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. 2XU¿QDQFLDOPDQDJHPHQWV\VWHPKDVWKHIROORZLQJDWWULEXWHV
• 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
Burke Rix Communications, LLC

46.61 2025-2026
3333
3333

3344
3344

C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Consultant shall provide and maintain insurance, acceptable to the Cit y, 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 Consultant, its agents, representatives or employees. Consultant 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 Consultant 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.

Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, volunteers, 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 Consultant participating under this Agreement, Consultant is to defend and indemnify the City from such claim. If Consultant has no employees or agents, Consultant shall no t be required to maintain Workers’ Compensation Insurance. However, in the event that Consultant hires employees or agents during the Term of this Agreement, Consultant shall obtain and maintain Workers’ Compensation Insurance in accordance with this section.

3355
3355

C-2
X Professional Liability Insurance: Professional liability insurance appropriate to the Consultant’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, an d 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 Consultant’s services or the termination of this Agreement. During this additional three (3) year period, Consultant shall annually and upon request of the City submi t 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 Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. 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. Consultant’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, Consultant’s insurance.

33666
33666

C-3
c. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect c overage 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, volunteers, 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 off icers, officials, employees and agents for losses arising from work performed by Consultant.

C. Other Requirements. Consultant 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 Consultant 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. Consultant shall furnish certificates and endorsements from each sub-contractor identical to those Consultant provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the i nsurer 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 Consultant 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 Consultant’s liability hereunder nor to fulfill the indemnif ication provisions and requirements of this Agreement.

3377
3377

D-1
EXHIBIT "D"

FEDERAL FUNDING PROVISIONS
“As used throughout the Exhibit “D”, LOCAL AGENCY shall mean the City of Cathedral City.

ARTICLE I INTRODUCTION
See page 1 of the City’s Professional Services Agreement.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
See Section 2 “Scope of Services & Schedules of Performance ” in the City’s Professional Services Agreement.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on August 22, 2026, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on August 22, 2028 , unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
3388
3388

D-2
The requirements of this article are addressed in Section 4, “Compensation and Method of Payment”, of the City’s Professional Services Agreement.

ARTICLE VI TERMINATION
A. The AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform 3399
3399

D-3
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDIT
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOC AL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

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

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

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, 4400
4400

D-4
cost proposal, and ICR sha ll be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a b reach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

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

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

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will wor k with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standard s), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred perc ent (200%) - the accepted rate will be eighty - five percent (85%) of the proposed rate.
4411
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D-5
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy -five percent (75%) of the proposed rate.

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

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

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

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

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work sha ll be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, 4422
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except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

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

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

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

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

In any a ction for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

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

G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval.

Any violation of these p rovisions shall subject the violating CONSULTANT or 4433
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subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants.

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

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

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

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

2. Regulation 2 CFR 200 requ ires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars 4444
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($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor- compliance). These wage rates are made a specific par t of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects.

Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
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2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall pro vide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship S tandards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in par agraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each 44666
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calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or por tion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is n ot paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT 4477
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fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including bu t not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prev ailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty -five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by 4488
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employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than o ne and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certif ies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby ce rtifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and 4499
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any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

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

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL

FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any perso n for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submissio n of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. 5500
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C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exce ed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, C ONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of 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, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of 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, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing A ct (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a -f), set forth 2 CCR §§8100 -8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by repres entatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
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F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non -discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, volu ntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

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

Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. 5522
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C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

In accordance with 49 CFR 26.13(b):

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

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the ter mination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible

ARTICLE XIX INSURANCE
The requirements of this article are addressed in Section 17, “Insurance,” and Exhibit “C” of the City’s Professional Services Agreement.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the pa rties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, condi tions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT 5533
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may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

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

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

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review 5544
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will be submitted in writing.

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

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

ARTICLE XXV SAFETY
The requirements of this article are addressed in Section 37, “ Safety,” of the City’s Professional Services Agreement.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under 5555
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Government Contracts for federal- aid contracts).

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

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION

CONTRACTOR
A. If claims are fi led by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of thi s AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
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D. CONSULTANT shall not issue any news release or public relations ite m of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

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

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealabl e finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

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

ARTICLE XXXII TITLE VI ASSURANCES

APPENDIX A
During the performance of this Agreement, th e contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations : CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. 5577
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CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub - agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports : CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance : In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agree ment within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub -agreement or procurement as the recipient or FH WA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in 5588
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addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation As sistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
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• The Federal Aviation Administration’s Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproporti onately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).

ARTICLE XXXIII NOTIFICATION
The requirements of this article are addressed in Section 24. “Notices” of the City’s Professional Services Agreement.

ARTICLE XXXIV CONTRACT – NOT USED
ARTICLE XXXV SIGNATURES – NOT USED
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Staff Report
City Council
Item No. 4.F
Meeting Date: August 26, 2026
From: Anne V. Ambrose, Assistant City Manager
Title: Accept Public Arts Commission's Recommendation and Award Contract to Autumn Martino for the Esperanza Park Mural
RECOMMENDATION:

To accept the Public Arts Commission's recommendation, award a contract in the amount of $50,000 to Autumn Martino for her mural concept “Rooted in Hope” for Esperanza Park, and authorize the City Manager to execute the contract.

BACKGROUND:

In October 2025, the City was awarded a $98,167 Art in California Parks implementation grant, a program from the California State Parks in partnership with Parks California and the California Arts Council. The grant aims to:
reflect and better connect the public with the cultural heritage of the region; increase investments in arts and cultural experiences in often overlooked communities;
drive authentic community engagement and thoughtful art program design; support a diverse set of art mediums to enhance parks experiences for all visitors; and
connect communities through shared art and cultural experiences in the Arts in California Parks Programs.

The City proposal, titled The Hope Rising: Esperanza Park Cultural Celebration, included funding for four activation events at Esperanza Park centered around the themes of Echoes of the Past, Voices of the Present, Visions of the Future, and Together We Heal.

In addition to the park events, $50,000 of the grant is earmarked for the creation of a mural on the back of the restroom building, facing the CVLINK trail and rear entrance to the park.

A call for artists application was created using feedback received from the Dream Homes residents about what types of images and themes were meaningful to them. The application period opened on May 14, 2026, and closed June 30, 2026, with applications being accepted through the Cafe Call for Entry online system https://www.callforentry.org/. Staff reviewed the applications for completeness and forwarded the proposals to the Public Arts 11 11

Commission (PAC) Commissioners to individually review and rank the applicants. At the July 14, 2026, PAC meeting, the commissioners reviewed the applicants and selected three finalists to present to the community for input on which proposal is preferred. Community input was open from July 15, 2026, through August 3, 2026. An online survey, in English and Spanish, was made available through the city’s social media outlets and in the Discover Cathedral City online newsletter. PACE Commissioner Jimenez, a resident of the Dream Homes neighborhood, also took copies of the voting sheet (also in English and Spanish) door to door to solicit direct feedback from the residents of the neighborhood.

An essential component of the grant is to have the community participate in the painting. A painting day will be scheduled to begin on September 12, 2026, to coincide with the next park events. The unveiling of the mural is scheduled for the final event on October 10, 2026.

DISCUSSION:

The Public Arts Commission met on August 11, 2026, to review the public input. Staff received 407 responses from the community in total, with 371 responses to the online survey and 36 responses from the door-to-door outreach in the Dream Homes community. Below is a summary of the responses. “Rooted in Hope” by Autumn Martino received the highest number of votes from the online survey and directly from the Dream Homes residents.

The Public Arts Commission reviewed the community input and by unanimous vote, selected Autumn Martino’s proposed work “Rooted in Hope” to be awarded the contract. The contract is for $50,000 which includes all artist fees, materials, insurance, etc., required to complete the piece. The mural needs to be completed before the end of October to meet the funding deadline of the grant.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2026-2027 Esperanza Park Mural (Art
in California Parks Grant)
249-900-910-
911-8200-8201 G02002 $50,000 One Time
Autumn
Martino
Marconi
Calinda-Cafege
Matthew
Cavanaugh
Jesse
Melanson
Online 204 78 55 34
Dream Homes 23 1 6 6
0 50
100
150
200
250
Online Dream Homes
Esperanza Park Mural Votes
22 22

2026-2027 Total $50,000
FIVE-YEAR STRATEGIC PLAN:

Goal F – Embracing, Inclusive Community
ATTACHMENTS:

1. Finalist Application List

2. Artist Agreement
33 33

Esperanza Rising Mural Project
Downloaded by
Anne Ambrose
Thursday,,,,,, August 000000666666th 22222220000002222222666666,,,,,, 2222222:::::3333333000000pm 44 44

55 55

Call ID::::: 444444466666699999988888833333330000004444444 Artist ID::::: 9999990000008888883333333777777 Status::::: Invited
marconi calindas (((((Continued)))))
A...... Long Beach Airport Centennial Mural ------ """"A Flight to History"""" (((((Long Beach,,,,,, California,,,,,, 222222200000022222223333333))))) Monumental public mural commemorating the 1111111000000000000th anniversary of Long Beach Airport...... Selected through a competitive national process from 9999992222222 artist submissions......

One of the largest permanent murals in the airport......

B...... """"Community"""" Asphalt Art Project James O...... Jesse Desert Highland Unity Center Palm Springs,,,,,, California......

Large------scale pavement mural celebrating diversity,,,,,, neighborhood pride,,,,,, and community connection......

C...... """"Heart of San Francisco""""
San Francisco Hearts in San Francisco Program Monumental painted heart sculpture exhibited in Union Square as part of the city''''s internationally recognized public art program......

D...... Hearts in San Francisco (((((22222220000001111111999999 Collection))))) Commissioned public heart sculpture later auctioned to benefit San Francisco General Hospital Foundation......

Provide a color sketch or digital image of proposed artwork to scale....

Marconi_CatCityLegacy......pdf
Provide a narrative or description of your vision for the mural....

My name is Marconi Calindas------Cafege,,,,,, and I am a visual artist and proud resident of Cathedral City,,,,,, California...... I am writing to express my sincere interest in being considered as an artist for the Esperanza Rising Mural Project......

For more than two decades,,,,,, I have dedicated my career to creating public art that celebrates diversity,,,,,, inspires hope,,,,,, and brings communities together...... My public artworks can be found throughout Palm Springs,,,,,, San Francisco,,,,,, and beyond,,,,,, including my most recent large------scale commission------a monumental mural at Long Beach Airport that welcomes thousands of visitors each day...... Each of my projects is rooted in the belief that art has the power to unite people,,,,,, tell meaningful stories,,,,,, and create a lasting sense of place......

As a Cathedral City resident,,,,,, I am especially honored by the opportunity to contribute to a project that will transform this vital recreational space in the Dream Homes community...... The name Esperanza,,,,,, meaning hope in Spanish,,,,,, deeply resonates with my artistic philosophy...... Through bold colors,,,,,, expressive imagery,,,,,, and uplifting themes,,,,,, I strive to create artwork that inspires optimism,,,,,, compassion,,,,,, and a shared sense of belonging......

My vision for this mural embraces the project''''s four guiding themes:::::

Echoes of the Past ------ honoring the rich cultural heritage,,,,,, ancestral stories,,,,,, and the sacred lands of the Agua Caliente Band of Cahuilla Indians upon which the Dream Homes community was built......

Voices of the Present ------ celebrating the diversity,,,,,, creativity,,,,,, resilience,,,,,, and vibrant spirit that define Cathedral City today......

Visions of the Future ------ inspiring hope by encouraging future generations to dream boldly and imagine endless possibilities......

Together We Heal ------ expressing the power of unity,,,,,, kindness,,,,,, restoration,,,,,, and community resilience through art that brings people together......

Throughout my career,,,,,, my work has consistently conveyed messages of love,,,,,, peace,,,,,, acceptance,,,,,, and unity...... I believe public art should do more than beautify a space------it should invite conversation,,,,,, foster pride,,,,,, and become a reflection of the people who call that place home......

It would be a tremendous honor to submit a formal proposal and share my creative vision for the Esperanza Rising Mural Project...... I hope to create a mural that not only celebrates the history and diversity of Cathedral City but also serves as a lasting symbol of hope and inspiration for generations to come......

Thank you for your time and consideration...... I sincerely appreciate the opportunity to be considered and look forward to the possibility of contributing to this meaningful project in our beloved city......

Sincerely,,,,,,
Marconi Calindas------Cafege
Cathedral City,,,,,, California
Art Detail
Category
Statement My name is Marconi Calindas------Cafege,,,,,, a visual artist and proud resident of Cathedral City...... I am honored to apply 666
666

Call ID::::: 444444466666699999988888833333330000004444444 Artist ID::::: 9999990000008888883333333777777 Status::::: Invited
marconi calindas (((((Continued)))))
for the Esperanza Rising Mural Project...... My public artworks in Palm Springs,,,,,, San Francisco,,,,,, and my monumental mural at Long Beach Airport reflect my commitment to creating art that inspires hope,,,,,, celebrates diversity,,,,,, and strengthens communities...... The name ****Esperanza****------meaning """"hope""""------perfectly aligns with my artistic vision...... I hope to create a mural that honors the cultural roots and ancestral stories of the Dream Homes community,,,,,, celebrates Cathedral City''''s vibrant present,,,,,, inspires bold dreams for the future,,,,,, and reflects healing through love,,,,,, peace,,,,,, unity,,,,,, and resilience...... It would be a privilege to submit a proposal and share my vision for this meaningful project,,,,,, creating a lasting symbol of pride and connection for our beloved city......

Flight to History
Mixed media
3333333000000'''' x 666666000000'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222555555000000000000000000......000000000000 222222200000022222223333333
Asphalt Road Murals at
James O...... Jesse Park
Palm Springs,,,,,, CA
Acrylic on asphalt ------ two
crosswalks
000000"""" x 666666'''' x 2222222555555'''' Artwork for Sale::::: No
Price///////Value::::: $$$$$1111111666666888888000000000000......000000000000 222222200000022222224444444
77 77

Proposed Mural Concept
88 88

99 99

Call ID::::: 44444446666666666665555551111111666666000000 Artist ID::::: 22222228888881111111888888555555666666 Status::::: Invited
Matthew Cavanagh (((((Continued)))))
The young boy gazes upward toward the past,,,,,, drawing inspiration from the strength,,,,,, wisdom,,,,,, and resilience of those who came before him...... Above him,,,,,, a soaring hawk symbolizes vision,,,,,, courage,,,,,, and a connection to the region''''s natural and cultural heritage......

Beside him,,,,,, a young girl looks confidently toward the future as a hummingbird explores a blooming poppy...... Together,,,,,, they represent growth,,,,,, possibility,,,,,, and the opportunities that emerge when a community invests in its youth......

Set against a vibrant desert backdrop,,,,,, the mural celebrates the spirit of Esperanza Park,,,,,, a place created through community advocacy and shared vision...... It serves as a reminder that hope is rooted in both where we come from and where we are going......

Art Detail
Category
Statement Thank you for considering my proposal...... I know there will be many strong submissions for this project,,,,,, and I am honored to be part of the process...... I spent a great deal of time developing a concept that I believe reflects the spirit of Esperanza Park and will resonate with the Cathedral City community for years to come...... """"Sport Has the Power to
Change the World""""
Interior Acrylic Paint on
Drywall......
2222222555555'''' x 1111111888888'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$1111111555555000000000000000000......000000000000 Seek Wisdom
Exterior Acrylic Paint on
Cinder Blocks
888888'''' x 22222224444444'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$11111111111111000000000000000000......000000000000 222222200000022222223333333
Live Well ////////////// Take it Easy Exterior paint on stucco
wall
1111111000000'''' x 3333333555555'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222000000000000000000000000......000000000000 222222200000022222224444444
Sheraton Whale
Exterior paint and
waterproof seal on
fiberglass
11111112222222'''' x 000000"""" x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$1111111555555000000000000000000......000000000000 """"Future Leaders""""
Latex paint on exterior
CMU block......
11111112222222'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$11111112222222000000000000000000......000000000000 22222220000002222222000000
""""Wave""""
Latex paint on exterior
wood walls......
3333333000000'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$3333333000000000000000000000000......000000000000 22222220000001111111888888
""""11111119999998888881111111''''
Latex paint on exterior
stucco wall
2222222555555'''' x 777777000000'''' x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$3333333555555000000000000000000......000000000000 22222220000002222222000000
Welcome to the
Movement
Latex paint on interior
drywall surface
2222222000000'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$2222222000000000000000000000000......000000000000 Palm Springs Casita
Exterior Paint
11111112222222'''' x 11111112222222"""" x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$555555000000000000000000......000000000000 22222220000001111111888888
Imagination
Mural ------ outdoor paint
999999'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: Yes
Price///////Value::::: $$$$$11111112222222000000000000000000......000000000000 22222220000001111111666666
1100
1100

1111
1111

1122
1122

Call ID::::: 44444446666668888884444444999999000000555555 Artist ID::::: 6666669999999999996666666666663333333 Status::::: Invited
Autumn Martino (((((Continued)))))
As a live painter at community events and festivals,,,,,, including the Coachella festival season at JW Marriott Desert Springs Resort &&&& Spa,,,,,, I engage directly with the public while creating artwork,,,,,, discussing my artistic process,,,,,, and encouraging participation in the arts......

For the proposed Esperanza Park mural,,,,,, my role would include designing and executing the mural while also organizing and directing community painting opportunities...... I would identify portions of the mural suitable for community participation,,,,,, provide instruction and oversight,,,,,, and ensure that all contributions are incorporated into a cohesive and professional final artwork...... I believe community involvement creates a stronger sense of ownership,,,,,, pride,,,,,, and connection to public art and helps transform a mural into a shared community achievement......

Provide a color sketch or digital image of proposed artwork to scale....

EsperanzaRisingConcept......jpg
Provide a narrative or description of your vision for the mural....

Title::::: Rooted in Hope
""""Rooted in Hope"""" is a vibrant,,,,,, large------scale mural celebrating the beauty,,,,,, resilience,,,,,, and spirit of Cathedral City''''s Dream Homes community...... Inspired by the themes of Esperanza Rising,,,,,, the mural uses the desert landscape as a visual metaphor for growth,,,,,, transformation,,,,,, connection,,,,,, and possibility......

The composition features sweeping mountain vistas rendered in my signature style,,,,,, surrounded by colorful desert wildflowers,,,,,, native plants,,,,,, palm trees,,,,,, and a vibrant desert sky...... The landscape reflects the natural beauty that surrounds Cathedral City while creating an inviting and uplifting visual experience for visitors to Esperanza Park and the CV Link Trail......

At the center of the mural stands a flowering desert tree symbolizing Esperanza,,,,,, or hope...... Its roots represent the community''''s history and cultural foundations,,,,,, while its branches reach toward the future...... The tree serves as a gathering place where families,,,,,, children,,,,,, cyclists,,,,,, walkers,,,,,, and neighbors come together,,,,,, representing the diverse voices and energy of Cathedral City today......

The mural incorporates the four themes of the Esperanza Rising cultural series:::::

Echoes of the Past is represented through the enduring desert landscape and respectful acknowledgment of the ancestral lands of the Agua Caliente Band of Cahuilla Indians......

Voices of the Present is expressed through scenes of community life,,,,,, recreation,,,,,, and connection within Esperanza Park and along the CV Link Trail......

Visions of the Future is reflected through a glowing pathway that extends toward the horizon,,,,,, symbolizing dreams,,,,,, aspirations,,,,,, and future generations......

Together We Heal is represented through shared spaces,,,,,, community gathering,,,,,, vibrant growth,,,,,, and the interconnected elements of the composition......

The color palette draws from the dramatic beauty of Coachella Valley sunsets and desert blooms,,,,,, featuring soft turquoise skies,,,,,, pink clouds,,,,,, lavender mountains,,,,,, warm desert tones,,,,,, and brightly colored flowers...... These colors create a welcoming atmosphere while reflecting the optimism and vibrancy of Cathedral City......

A key component of this project is community participation...... Residents will be invited to assist with designated painting sections under my direction,,,,,, allowing community members to become active contributors to a permanent public artwork that belongs to them......

The mural serves as a visual celebration of hope,,,,,, resilience,,,,,, and community pride while creating a meaningful landmark for Esperanza Park that will be enjoyed by residents and visitors for generations to come......

Art Detail
Category
Statement I am a Coachella Valley artist born and raised in the desert,,,,,, inspired by the beauty,,,,,, culture,,,,,, and spirit of our region...... Through murals and paintings,,,,,, I use vibrant color,,,,,, dramatic landscapes,,,,,, and uplifting imagery to create artwork that evokes joy,,,,,, hope,,,,,, and connection...... My work is deeply influenced by the desert''''s mountains,,,,,, skies,,,,,, native plants,,,,,, and diverse communities......

As a muralist,,,,,, I believe public art should reflect the people and places it serves...... I am passionate about creating welcoming spaces that celebrate community identity while inspiring pride and optimism for future generations......

My artistic style combines realistic desert landscapes with expressive color palettes that capture the magic and vibrancy of the Coachella Valley...... 1133
1133

Call ID::::: 44444446666668888884444444999999000000555555 Artist ID::::: 6666669999999999996666666666663333333 Status::::: Invited
Autumn Martino (((((Continued)))))
The opportunity to create a mural for Esperanza Park is especially meaningful because it brings together the themes that guide my work::::: hope,,,,,, resilience,,,,,, renewal,,,,,, and community connection...... My goal is to create artwork that honors the past,,,,,, celebra
Midsummer Night''''s
Dream
Mixed Media,,,,,, Acrylic,,,,,,
Oil,,,,,, Marker,,,,,, Gold Leaf,,,,,,
Spray Paint
22222224444444"""" x 2222222000000"""" x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$555555777777555555......000000000000 222222200000022222224444444
Beautiful Sonoran
Desert
Acrylic and Oil on
canvas
5555551111111"""" x 4444444666666"""" x ......2222222555555"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$11111112222222000000000000......000000000000 22222220000002222222666666
""""The Golden Hour""""
Dunn Edwards
Evershield,,,,,, Nova Colors
2222222000000'''' x 11111113333333'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$1111111000000000000000000000000......000000000000 22222220000002222222555555
""""It''''s Pizza Time""""
MTN 9999994444444 Spray Paint,,,,,,
Dunn Edwards
Evershield,,,,,, Behr,,,,,, Nova
999999'''' x 11111113333333'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$666666888888000000000000......000000000000 222222200000022222224444444
Life Size Ice Cream
Cone
MTN 9999994444444 Spray Paint,,,,,,
Dunn Edwards
Evershield,,,,,, Behr,,,,,, Nova
11111113333333'''' x 11111111111111'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$3333333000000000000000000......000000000000 222222200000022222224444444
The Rat Pack in Palm
Desert
MTN 9999994444444 Spray Paint,,,,,,
Dunn Edwards
Evershield,,,,,, Behr,,,,,, Nova
11111113333333'''' x 1111111888888'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$555555000000000000000000......000000000000 222222200000022222223333333
""""Night at the Theatre""""
Social Media Mural
MTN 9999994444444 Spray Paint
11111114444444'''' x 1111111888888'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$999999000000000000000000......000000000000 222222200000022222222222222
Veteran Mural for City of
Coachella
Mtn 9999994444444 Spray Paint,,,,,,
Dunn Edwards
Evershield,,,,,, Createx
11111112222222'''' x 2222222000000'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$11111114444444000000000000000000......000000000000 222222200000022222222222222
Agua Caliente,,,,,, Where
Life Blossoms
Ace Hardware paint,,,,,, and
Liquitex pain
11111114444444'''' x 999999'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$4444444000000000000000000......000000000000 222222200000022222221111111
Prohibition Bar Mural
Dunn Edwards
Evershield,,,,,, Nova Colors,,,,,,
Createx Airbrush Paint
11111112222222'''' x 3333333000000'''' x 1111111"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$666666888888000000000000......000000000000 222222200000022222224444444
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Call ID::::: 44444446666664444444888888777777000000888888 Artist ID::::: 33333338888881111111000000666666666666 Status::::: Invited
Jesse Melanson (((((Continued)))))
to develop and complete public murals...... My role is typically both artist and project lead,,,,,, guiding the process from early concept development through final installation......

A recent example was my mural project in Hobbs,,,,,, New Mexico,,,,,, titled Transcendence...... For that project,,,,,, I worked with the Downtown Improvement Association of Hobbs to create a mural that reflected the character,,,,,, culture,,,,,, and energy of the community...... The final design incorporated local history,,,,,, regional symbolism,,,,,, and imagery connected to transformation,,,,,, migration,,,,,, faith,,,,,, land,,,,,, and sky......

My role included developing the concept,,,,,, responding to feedback,,,,,, refining the design,,,,,, managing materials and logistics,,,,,, preparing the wall,,,,,, painting the mural,,,,,, and applying the final protective coating......

I have also worked with schools and community groups where the engagement process directly shaped the final artwork...... These projects often begin with conversations,,,,,, Q&&&&A sessions,,,,,, or creative workshops where participants share ideas,,,,,, local references,,,,,, stories,,,,,, and themes they hope to see reflected in the mural...... I then translate that input into a cohesive visual design that honors the community while still maintaining a strong artistic direction......

In each project,,,,,, I see my role as a listener,,,,,, designer,,,,,, organizer,,,,,, and painter...... My goal is to create artwork that feels professionally executed,,,,,, visually powerful,,,,,, and genuinely connected to the people and place it represents......

Provide a color sketch or digital image of proposed artwork to scale....

Esperanza Rising Artwork Sketch_JMEL Art......jpg Provide a narrative or description of your vision for the mural....

The submitted artwork is an initial concept sketch...... Community engagement is an important part of my process and would help guide the final design if selected...... Revisions would be made based on community input and feedback to ensure the mural feels connected to Esperanza Park,,,,,, the Dream Homes community,,,,,, and the people who experience the space every day......

My proposed mural,,,,,, Esperanza Rising,,,,,, is a vibrant abstract landscape inspired by hope,,,,,, renewal,,,,,, transformation,,,,,, and the desert environment surrounding Cathedral City...... The design uses bold geometric color fields,,,,,, large abstract plant forms,,,,,, layered mountain shapes,,,,,, sun------like movement,,,,,, and flowing pathways to create a sense of growth and rising energy across the wall......

Rather than illustrating these ideas literally,,,,,, the mural transforms them into an imaginative visual environment...... Large desert plants and organic forms represent resilience,,,,,, regeneration,,,,,, and life emerging from the landscape...... The mountain shapes and radiant color shifts suggest movement from past to future,,,,,, while the layered geometry creates a feeling of connection between land,,,,,, community,,,,,, and possibility......

The artwork is designed to feel bright,,,,,, welcoming,,,,,, and engaging for children and families using Esperanza Park,,,,,, while also being bold and highly visible from the CV Link trail...... My goal is to create a mural that feels uplifting,,,,,, alive,,,,,, and rooted in place ------ a colorful visual expression of hope,,,,,, safety,,,,,, transformation,,,,,, and community pride......

Art Detail
Category
Statement My work is rooted in community storytelling and creating large------scale public art that reflects the identity,,,,,, energy,,,,,, and essence of a place...... I use bold geometric abstraction,,,,,, vibrant color,,,,,, and simplified natural forms to create murals that are visually engaging from a distance while still offering meaningful details up close...... My process begins with listening::::: learning about the site,,,,,, community,,,,,, landscape,,,,,, and history,,,,,, then translating those layers into a composition that feels both site------specific and imaginative......

For me,,,,,, public art is more than decoration on a wall...... It is a stamp in time and an opportunity to enhance a sense of pride,,,,,, connection,,,,,, and possibility for the people who experience it every day...... I''''m especially drawn to themes of transformation,,,,,, resilience,,,,,, nature,,,,,, and community,,,,,, and I aim to make work that feels uplifting,,,,,, accessible,,,,,, and alive within the public space...... 1177
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Call ID::::: 44444446666664444444888888777777000000888888 Artist ID::::: 33333338888881111111000000666666666666 Status::::: Invited
Jesse Melanson (((((Continued)))))
Transcendence
Spray Paint
22222224444444'''' x 11111113333333777777'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$666666000000000000000000000000......000000000000 22222220000002222222555555
JADE
Spray paint
1111111000000'''' x 4444444555555'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222555555000000000000000000......000000000000 22222220000002222222555555
Spirit in the Sky
Acrylic Latex
666666555555'''' x 4444444555555'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$22222222222222555555000000000000......000000000000 22222220000001111111999999
A Valley of Color
Spray Paint
2222222555555'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$22222222222222555555000000000000......000000000000 22222220000002222222555555
Thunderbird
Spray Paint
11111113333333'''' x 7777774444444'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222777777555555000000000000......000000000000 22222220000002222222555555
The Lion of Anacostia
Spray Paint
22222222222222'''' x 3333333555555'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222000000000000000000000000......000000000000 222222200000022222224444444
Morning Glow
Spray Paint
1111111777777'''' x 4444444999999'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$2222222777777000000000000000000......000000000000 222222200000022222224444444
Chuc A Luc''''s
Spray Paint
1111111555555'''' x 4444444000000'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$1111111999999555555000000000000......000000000000 222222200000022222224444444
Cub''''s First View
Spray Paint
2222222888888'''' x 22222223333333'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$11111112222222000000000000000000......000000000000 222222200000022222224444444
Love Locus
Spray Paint
22222223333333'''' x 777777666666'''' x 000000"""" Artwork for Sale::::: No
Price///////Value::::: $$$$$11111112222222555555000000000000......000000000000 222222200000022222222222222
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AGREEMENT OF COMMISSION OF PUBLIC ARTWORK BETWEEN THE

CITY OF CATHEDRAL CITY AND AUTUMN MARTINO
This Artist Agreement (“Agreement”) is entered into this _______ day of _________, 2026 (“Effective Date”) by and between the City of Cathedral City (“City”) and Autumn Martino (“Artist”). City and Artist are herein individually referred to as “Party ” and collectively referred to as “Parties.”

RECITALS
A. The Artist is a recognized professional artist, and the City acknowledges sufficient familiarity with the style and quality of the Artist’s work; and B. The City desires for the Artist to create an original work of art entitled Rooted in Hope (the “Artwork”) for placement at Esperanza Park (the “Site”). The Artist’s design (the “Proposal), which is attached hereto as Exhibit “A” has been reviewed and approved by the City and is hereby incorporated and made a part of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, it is mutually agreed between the Parties as follows:

AGREEMENT
SECTION 1. Scope of Services.

1.1 Artist’s Obligations.
(a) Artist is hereby retained to perform all services and furnish all supplies, materials, outside expertise and equipment necessary for the completion of the Artwork in accordance with the “Artist Design & Description of Artwork” ( Exhibit “A”) and “ Scope of Work,” which is attached hereto and incorporated herein as Exhibit “B”. The Artwork shall be completed and installed in a professional manner and in strict compliance with all the terms and conditions in this Agreement.
(b) Artist shall be responsible for complying with all federal, state, and local laws, ordinances, statutes and regulations and for obtaining all required licenses, permits, or other similar authorizations applicable to the performance of Artist’s responsibilities under this Agreement.
(c) The Artist shall determine the artistic expression, design, dimensions and materials of the Artwork, subject to review and acceptance by the City as set forth in this Agreement.
(d) The Artist shall not commence any Phase of the Artwork nor incur any expense in anticipation of commencing any Phase unless and until the City has given authorization. (e) The Artist shall prepare the design concept and the corresponding budget described in Sections 1.3 and 1.5 of this Agreement. The design concept shall include a description 2200
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of all materials and products utilized in the Artwork and the required routine care and upkeep involved.
(f) The Artists shall complete the painting of the Artwork by the scheduled installation date as provided in Section 1.5(B)(i) of this Agreement. (g) The Artist will provide an outline of the plan for community participation in the painting of the Artwork.
(h) The Artist shall provide required insurance in amounts and limits specified in Section 13.
(i) The Artist shall provide a maintenance manual with a description of all materials and products utilized in the Artwork and the required care and upkeep involved. (j) The Artist shall be available upon reasonable advance notice for all meetings, site visits, and Artwork dedication ceremonies as required by the City.

1.2 City’s Obligations
(a) The City shall be responsible for providing the Artist, at no expense to the Artist, copies of existing designs, drawings, reports, list of required permits, and other existing relevant data, if any, which is needed by Artist in order to perform. (b) The City shall be responsible for compliance with all applicable laws and regulations, including but not limited to zoning or environmental regulations, and shall explain any limitations imposed by such laws and/or regulations to the Artist. (c) The City shall provide and install a plaque on or near the Artwork containing a credit to the Artist and date of installation. (d) The City shall not permit any use of the Artist's name or misuse of the Artwork which would reflect discredit on the Artist's reputation as an artist or which would violate the spirit of the Artwork, should such use or misuse be within the City's control. (e) The City shall be responsible for leading the Artist through the required review process and for providing the Artist with written instructions for the materials required at such meetings.

1.3 Design Review Phase
(a) Concept/Schematic
(i) The Artist submitted a proposal (the "Design"), pursuant to a call for entries organized for the procurement of an Artist to design paint an Artwork suitable for the current project, which Design was selected and approved by the Public Arts Commission and the Cathedral City City Council. The Design is attached to this Agreement as Exhibit "A". (b) Approval
(i) Immediately after the execution of this Agreement, the City shall notify the Artist if it requires any revisions to the Design in order to comply with any applicable 2211
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laws, ordinances and/or regulations or for other reasons including, but not limited to, ensuring the physical integrity of the Artwork or its installation at the Site. If agreed upon by both parties, such revisions will become a part of the Design.
(ii) If any changes to the Design made by the City or the Artist affect the cost of the work or time required for its performance, an equitable adjustment will be made in the price or time for performance or both. Any change in price necessitated by such change will be agreed upon between the City and the Artist and suc h change will be authorized by a change order document signed by the City and accepted by the Artist.

1.4 Budget, Payment Schedule, Construction Schedule and Progress Reports (a) Budget
(i) The Artist shall prepare a budget, which shall include all goods, services and materials, with such costs itemized. The budget shall be attached to this Agreement as Exhibit "C" . The budget for the project is f ifty thousand dollars and zero cents ($50,000.00) , including all materials, licensing, insurance, rentals, and artist. (ii) The Artist shall retain all original receipts pertaining directly to the project and will provide them to the City, if requested. (iii) If the Artist incurs costs in excess of the amount listed in the budget, the Artist shall pay such excess from the Artist's own funds unless the Artist previously obtained approval for such costs from the City (or such costs were the result of actions or inaction of the City). (b) Schedule
(i) The Artist shall notify the City of the tentative schedule for the installation of the Artwork . The Schedule may be amended by written agreement.
(ii) A schedule for the payment of budget installments is attached to this Agreement as Exhibit "D".

1.5 Installation Phase
(a) Upon completion of the Final Design Phase and approval of the final design of the Artwork by the City, the City will issue a Notice to Proceed with the Installation. The Artist shall commence the Installation upon approval of the final design of the Artwork. The first opportunity for the community to participate in the mural painting is Saturday, September 12, 2026, and can be extended beyond as needed by the artist. The mural must be completed by Friday, October 9 for the final unveiling on Saturday, October 10, 2026. (b) The Artist shall install the Artwork in substantial conformity with the Design. The Artist may not deviate from the approved design without written approval of the City. (c) The Artist shall take reasonable measures to protect or preserve the integrity of the Artwork such as the application of protective or anti-graffiti coatings. The Artist shall avoid creating nuisance conditions arising out of the Artist's operations. Prior to the installation of the 2222
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Artwork, the Artist shall be required to provide the City with a list of all workers or subcontractors and equipment to be used along with the hours of operation and the scope of work to be performed on site. All additional workers or subcontractors must provide proof of insurance, as specified in Section 13, prior to entering the site.
(d) If the City, upon review of the Artwork, determines that the Artwork does not conform to the Design or Revised Design, the City reserves the right to notify the Artist in writing of the deficiencies.
(e) The Artist will promptly cure the City's objections and will notify the City in writing of completion of the cure. The City shall promptly review the Artwork. If the Artist disputes the City's determination that the Artwork does not conform, the Artist sha ll promptly submit reasons in writing to the City within thirty (30) days of the City's prior notification to the contrary. The City shall make reasonable efforts to resolve the dispute with the Artist in good faith.

However, final determination as to whet her the Artist has complied with the terms of this Agreement shall remain with the City.
(f) Artist must immediately notify City in writing any time delivery is behind schedule or may not be completed on schedule. Prior to delivery of the Artwork, the Artist shall notify the City in writing the Artwork is complete.
(g) The Artist will coordinate closely with the City to ascertain that the Site is prepared to receive the Artwork. The Artist must notify City of any adverse conditions at the Site that would a ffect or impede the installation of the Artwork. The Artist is responsible for timely installation of the Artwork. The Artist will confer and coordinate with the City to ensure timely coordination with the City's construction team.
(h) Upon written acceptance of the installation, the Artwork shall be deemed to be in the custody of the City for purposes of Section 10 and Section 13 of this Agreement. (i) Upon installation of the Artwork, the Artist shall provide the City with written instructions for the appropriate maintenance and preservation of the Artwork along with product data sheets for any material or finish used. The Artwork must be durable, taking into consideration that the Site is an unsecured public space that may be exposed to elements such as weather. The Artist must ensure that all maintenance requirements will be reasonable in terms of time and expense. The City is responsible for the proper care and maintenance of the Artwork.

1.6 Final Acceptance.
(a) Artist shall advise City in writing or via email when the Artwork has been completed.
(b) City shall notify Artist in writing or via email of its final acceptance or non- acceptance of the Artwork.
(c) Artist shall be responsible for promptly resolving the reasons for non- acceptance of the Artwork indicated by the City.
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(d) Final acceptance is effective on the date of City’s notification of final acceptance or forty-five (45) calendar days after Artist has sent City written notice of completion, whichever first occurs, unless City, upon receipt of Artist’s notice of completion provides Artist, before forty-five (45) calendar days have elapsed, with written notice specifying and describing any uncompleted services.

SECTION 2. Taxes
Any state or federal sales, use or excise taxes, or similar charges relating to the services and materials under this Agreement shall be paid by the Artist in a timely fashion. The City shall report payments made to the Artist annually to the Internal Revenue Department in a 1099 statement.

SECTION 3. Time of Performance.

3.1 Duration. The services required of Artist as set forth in Section 1 shall be completed in accordance with the “Scope of Work” (Exhibit “B”). This Agreement shall be effective on the date that this contract has been signed by both Parties, and, unless terminated earlier pursuant to such provisions in the Agreement, shall extend until final acceptance by the City under Section

1.8(B), or submission of final payment to the Artist by the City under Exhibit "D", whichever is later.

3.2 Time Extension. City agrees to grant reasonable extension of time to Artist in the event of delay on City’s part in performing its obligations under this Agreement or if conditions beyond Artist’s control render Artist’s timely performance impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of agreement, provided that such obligations are suspended only for the duration of such conditions and the party with knowledge of the condition immediately notifies the other party, in writing, of such condition. Extension of time of performance hereunder may be granted upon the request of one Party and the consent of the other thereto, which consent shall not be unreasonably withheld. Such extension shall be in writing, signed by both Parties, and attached to the schedule under section 1.5(B)(i) which is attached as Exhibit "D".

3.3 Termination. If either party to this Agreement shall willfully or negligently fail to fulfill in a timely and proper manner or otherwise violate any of the covenants, agreements, or stipulations materials to this Agreement, the other party shall have the right thereupon to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate and, specifically, the grounds for termination. The defaulting party shall have thirty (30) calendar days after receipt of the notice to cure the default. If default is not cured, this Agreement shall terminate as determined by the non- defaulting party. In the event of City’s default, City shall promptly compensate Artist for all services performed by Artist prior to termination, in accordance with the payment schedule described in Section 2. In the event of Artist’s default, all products prepared and submitted or prepared for submission by Artist under this Agreement shall at City’s option become City’s property; Artist shall not be relieved of li ability to City for damages sustained by City by virtue of Artist’s breach of this Agreement. In such event, City may reasonably withhold payments to Artist until the exact amount of damages due City from Artist is determined. In addition, the City shall retain the right to have the Artwork completed; however, the Artist shall 2244
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retain the copyright in the Artwork to the extent it has become fixed in the applicable medium. By Artist allowing for completion of the Artwork by another party in the event of default Artist is agreeing to share copyright in the completed Artwork with the completing party.

SECTION 4. Compensation
The City shall pay the Artist Fifty Thousand Dollars and Zero Cents ($50,000), which will constitute full compensation and payment for all work to be performed under this Agreement. No extra charges of any kind will be allowed unless specifically agreed to in writing by the City's authorized representative. The total price shall include all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes applicable to the Artwork furnished to the City hereunder.

The Artist shall bear the risk of any material price increases between the date of the Notice to Proceed and the completion of the Project. No additional price increases will be permitted unless agreed to in writing by the City’s authorized representative.

SECTION 5. Payment
(a) All requests for payment shall be submitted to the Assistant City Manager in writing for review and approval and must be accompanied with a detailed invoice and other documentation as required by the City supporting the Work completed. (b) Terms of payment are thirty (30) days, less any applicable retention, after receipt of invoice, or completion of applicable progress milestones. Final payment shall be made by the City after the Artist has satisfied all contractual requirements. Payment of invoices shall not constitute acceptance of the work.
(c) Payment shall be made in accordance with the following schedule:
(i) Upon Notice to Proceed (80%) — Forty thousand dollars and zero cents ($40,000)
(ii) Final Acceptance (20%) — Ten thousand dollars and zero cents ($10,000)
(d) Payments otherwise due may be withheld by the City on account of defective work not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of the Artist to make payments properly to its subcontractors or for material or labor, the failure of the Artist to perform any of its other obligations under the Agreement, or to protect the City against any liability arising out of the Artist's failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within a reasonable period after written notice, the City may remove them at the Artist's expense.
(e) Payment of the Final Acceptance payment will be made by the City upon:
(i) Submission of an invoice for satisfactory completion of final acceptance and in the amount associated with the Final Acceptance payment;
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(ii) Written acceptance of the Artwork by the City;
(iii) Delivery of all drawings and specifications, if required by the City; (iv) Delivery of executed full releases of any and all liens arising out of this Agreement; and
(f) Delivery of an affidavit listing all persons who might otherwise be entitled to file, claim, or maintain a lien of any kind or character, and containing an averment that all of the said persons have been paid in full.
(g) If any person refuses to furnish an actual release or receipt in full, the Artist may furnish a bond satisfactory to the City to indemnify the City against any claim or lien at no cost to the City.
(h) Acceptance by the Artist of payment of the Final Acceptance payment will constitute a waiver, release and discharge of any and all claims and demands of any kind or character which the Artist then has, or can subsequently acquire against the City, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement. However, payment for Final Acceptance by the City will not constitute a waiver, release or discharge of any claims or demands which the City then has, or can subsequently acquire, against the Artist, its successors and assigns, for or on account of any matter or thing arising out of, or in any manner connected with, the performance of this Agreement.

SECTION 6. ARTIST'S REPRESENTATIONS AND WARRANTIES

6.1 Warranties of Title
(a) The Artist represents and warrants that:
(i) the Artwork is solely the result of artistic effort of the Artist and its representatives.
(ii) except as otherwise disclosed in writing to the City, the Artwork is unique and original and does not infringe upon any copyright or the rights of any person.
(iii) the Artwork (or duplicate thereof) has not been accepted for sale elsewhere.
(iv) the Artist has not sold, assigned, transferred, licensed, granted, encumbered or utilized the Artwork or any element thereof or any copyright related thereto which may affect or impair the rights granted pursuant to this Agreement.
(v) the Artwork is free and clear of any liens from any source whatsoever. (vi) all Artwork created or performed by the Artist under this Agreement, whether created by the Artist alone or in collaboration with others, shall be wholly original with the Artist and shall not infringe upon or violate the rights of any third party. 22666
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(vii) the Artist has the full power to enter into and perform this Agreement and to make the grant of rights contained in this Agreement.
(viii) all services performed hereunder shall be performed in accordance with all applicable laws, regulations, ordinances, etc. and with all necessary care, skill, and diligence.
(ix) the representations and warranties set forth in paragraph (A) shall survive the termination or other extinction of this Agreement.

6.2 Warranties of Quality and Condition
(a) The Artist represents and warrants that all work will be performed in accordance with professional "workmanlike" standards and free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration of the Artwork) for two years after the date of final acceptance by the City under Section 1.8(B).
(b) The Artist represents and warrants that the Artwork and the materials used are not currently known to be harmful to public health and safety. (c) The Artist represents and warrants that reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance and preservation recommendations submitted by the Artist.
(d) If within two years the City observes any breach of warranty described in this Section 6.2 that is curable by the Artist, the Artist shall, at the request of the City, cure the breach promptly, satisfactorily and consistent with professional conservation standards, at no expense to the City. The City shall give notice to the Artist of such breach with reasonable promptness. (e) If after two years the City observes any breach of warranty described in this Section 6.2 that is curable by the Artist, the City shall contact the Artist to make or supervise repairs or restorations at a reasonable fee during the Artist's lifetime. The Artist shall have the right of first refusal to make or supervise repairs or restorations. Should the Artist be unavailable or unwilling to accept reasonable compensation under the industry standard, the City may seek the services of a qualified restorative conservator and maintenance expert.
(f) If within two years the City observes a breach of warranty described in this Section 6.2 that is not curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses and loss incurred by the City as a result of the breach. However, if the Artist disclosed the risk of this breach in the Proposal and the City accepted that it may occur, it shall not be deemed a breach for purposes of this Section 6.2 of this Agreement. (g) Acceptable Standard of Display. The Artist represents and warrants that:
i. General routine cleaning and repair of the Artwork and any associated working parts and/or equipment will maintain the Artwork within an acceptable standard of public display.
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ii. Foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor repairable damages and will not cause the Artwork to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of foreseeable exposure to the elements and general wear and tear, the Artwork will not experience irreparable conditions that do not fall within an acceptable standard of public display, including mold, rust, fracturing, staining, chipping, tearing, abrading and peeling. iv. Manufacturer's Warranties. To the extent the Artwork incorporates products covered by a manufacturer's warranty, the Artist shall provide copies of such warranties to the City.

The foregoing warranties are conditional and shall be voided by the failure of the City to maintain the Artwork in accordance with the Artist's specifications and the applicable conservation standards. If the City fails to maintain the Artwork in good condition, the Artist, in addition to other rights or remedies the Artist may have in equity or at law, shall have the right to disown the Artwork as the Artist's creation and request that all credits be removed from the Artwork and reproductions thereof until the Artwork's condition is satisfactorily repaired.

SECTION 7. Ownership, Rights, and Interest.

Artist hereby grants a royalty free license in perpetuity, to the City, its employees and its agents, to make reproductions, photographs and other non-exact reproductions of the following artwork (“Artwork”) for non-commercial purposes:

1. Description: Esperanza Park Mural

2. Title, Date: Rooted in Hope, 2026

3. Address/Location(s): 30600 San Diego Dr., Cathedral City, 92234/bathroom building.

7.1 Waiver of Moral Rights. Artist bears the risk of damage to or loss of the Artwork until the City’s final acceptance under Section 1.8 (B) and shall take such measures as necessary to protect the Artwork from damage until final acceptance. Artist acknowledges and agrees that the Artwork is a “work made for hire” as defined in the United States Copyright Act (17 U.S.C. § 101 et seq.) and is owned by City, for all purposes worldwide, in perpetuity, in any and all media, whether now known or hereafter devised.

Artist understands that the Artwork is to be installed on the Site such that it becomes an integral, permanent and site -specific part of a building and that the operation, management, or other circumstances of the Site, could result in significant alteration of the Artwork or Site. For purposes 2288
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of this Agreement, the term “alter or alteration,” with respect to the Artwork, shall mean: alter, repair, restore, modify, remove, relocate, sell, dispose of, distort, destroy, mutilate, or deface.

Due to the nature of the Artwork and the public interest of the City, Artist and Artist’s agents, heirs, successors and assigns hereby waive any and all rights and claims they may have against the City, and its employees, and its agents, under the Visual Artists Rights Act of 1990, 17 U.S.C. §§ 106A and 113(d) (“VARA”), the California Art Preservation Act, Cal. Civ. Code, §§ 987, 989 (“CAPA”), and any other local, state, foreign or international law, as currently drafted or as may be hereafter amended, that conveys the same or similar rights (“Moral Rights Laws”), with respect to the Artwork, its display, removal from display, exhibition, installation, conservation, storage, study, alteration, and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. Since the Artwork is incorporated into a building at the Site such that it cannot be removed from the building without physical defacement, mutilation, alternation, distortion, destruction, or other modification (collectively, “Modification”), Artist waives any and all such claims under any Moral Rights Laws arising out of or against the City or City’s agents, officers, employees, successors, or assigns for Modification of the Artwork.

City has the absolute right to change, modify, destroy, remove, relocate, move, replace, transport, repair or restore the Artwork, in whole or in part, in City’s sole discretion.

The City has no obligation to pursue claims against third parties for modifications or damage to the Artwork done without the City’s authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Artw ork if the Artwork has been modified without the City’s authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City’s efforts to prosecute such claims.

If City causes Modification of the Artwork without the Artist’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with 17 U.S.C. § 106A (a)(2).

7.2 Reproduction Rights . Artist grants to City an irrevocable license and right to duplicate, make, display, and distribute and authorize the making, display, and distribution of reproductions for noncommercial purposes, including but not limited to advertising, brochures, media publicity, educational and promotional materials, postcards, booklets, catalogues and other similar publications. To the extent this provision constitutes a transfer of the right to reproduction, this Agreement is intended to be and shall be deemed to constitute the document in writing required by California Civil Code Section 982 (c). Reproductions by City are not required to contain a credit to Artist, nor any form of copyright notice. Artist is not required to give credit to City in any public showing under Artist’s control or in reproductions of the Artwork.

7.3 Copyright. Artist shall retain all rights under Copyright Act of 1976 for original works produced under this Agreement except ownership and possession and as otherwise provided in this Agreement. Artist’s copyright shall not extend to utilitarian aspects of the Artwork such as landscaping, lighting, furnishings or other similar objects. The City and its assigns are not responsible for any third-party infringement of Artist’s copyright and for protecting the intellectual property rights of Artist. Any registration of a copyright under the State’s Register of Copyrights 2299
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shall be the sole responsibility of the Artist, and the costs of such registration shall be borne by the Artist.

7.4 Royalty Rights . Artist agrees that they shall receive no royalties or other remuneration for the use of the Artwork by the City beyond the agreed compensation pursuant to Civil Code Section 986. Any use, reproduction, and dissemination of the Artwork by the City shall not entitle the Artist to any further payments.

7.5 Survival. The obligations under this Section 5 shall survive the termination or expiration of this Agreement.

SECTION 8. Insurance and Indemnification.

8.1 Insurance. Artist agrees to carry for the duration of this Agreement and any extensions thereof, at Artist’s expense, insurance in the kinds and amounts as listed in the Insurance Requirements for Artist, which are incorporated in Section 13. The required insurance shall be the primary coverage and cover the Artist and Artist’s employees, agents, contractors, and subcontractors. Proof of such insurance shall be provided to the City prior to undertaking any work under this Agreement and contain a provision that the policy shall not be canceled or reduced in coverage without thirty (30) calendar days written notice to the City. The Artist must provide proof of renewal or replacement for any policy(s) that expire during the term of the Agreement .

Failure of Artist to maintain or provide proof of insurance shall be considered a breach of this Agreement and the City shall have the right to terminate this Agreement without any financial or contractual obligation and reserves the right to select anot her artist to complete the Artwork, alternatively the City may purchase the required insurance and deduct the cost from the monies otherwise due to the Artist.

8.2 Indemnification. Artist agrees to indemnify, protect, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers (collectively, “Indemnitee”) from and against all liabilities, claims, demands, obligatio ns, losses, damages, judgments, legal actions costs or expenses, including attorneys’ fees, court costs and other litigation costs arising from, in connection with or caused by any act, omission, or negligence by Artist or Artist’s officers employees, agents, subconsultants, suppliers, or any entity or person for whom Artist may be legally liable (regardless of whether or not they are separate legal entities).

Artist shall have no obligation to indemnify City for City’s gross negligence or willful misconduct.

Artist, at its sole cost and expense and upon written notice from City, shall defend any and all actions, lawsuits, causes of action, or proceedings caused by any thirty party against City and shall employ counsel acceptable to City in its sole discretion. The Artist accepts that City has the right to participate in such proceeding with counsel of its own choosing at Artist’s expense. Should a claim, action or proceeding related to this Agreement be made or filed against City, the City shall promptly provide written notice of such claim or action to the Artist, allowing Artist the time stipulated by applicable law to respond to such action. The obligations of Artist under this provision shall survive the expiration or earlier termination of this Agreement until it is determined to the satisfaction of the City that all liabilities have been met that could arise from the indemnification obligations set forth in this Section.

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SECTION 9. STANDARD OF CARE; INDEPENDENT CONTRACTOR
(a) The Artist shall perform all work under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. (b) The Artist enters into this Agreement as an independent contractor and not as an employee of City. Artist shall have no power or authority by this Agreement to bind City in any respect.

Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Artist are employees, agents, contractors or subcontractors of the Artist and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against the Artist by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement.

SECTION 10. COMPLIANCE WITH LAWS
(a) The Artist shall comply with all applicable laws and regulations of the federal, state and local government.
(b) The Artist is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If any work performed by the Artist under this Agreement is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $25,000 or more, the Artist agrees to fully comply with such Prevailing Wage Laws. The Artist shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Any stop orders issued by the Department of Industrial Relations against Artist or any subcontractor that affect the Artist's performance of any part of this Agreement, including any delay, shall be the Artist's sole responsibility and the Artist shall indemnify the City from liability arising out of the same. It shall be mandatory upon the Artist and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815), contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 and to be registered with the Department of Industrial Relations shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1771.4, 1725.5 and 1771.1.

SECTION 11. SUBCONTRACTS
Unless otherwise specified, the Artist must obtain the City's written permission before subcontracting any portion of the work. Except for the insurance requirements in this Agreement, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Artwork, will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve the Artist from its obligations to the City, including, but not limited to the Artist's insurance and indemnification obligations. No subcontract or order will bind the City.
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SECTION 12. RISK OF LOSS
The Artist shall bear the risk of loss or damage to the Artwork until the City's final acceptance of the Artwork under Section 1.8(B). The Artist shall take such measures as are reasonably necessary to protect the Artwork from loss or damage. The City shall bear the risk of loss or damage to the Artwork prior to final acceptance only if, during such time, the partially or wholly completed Artwork is in the custody, control or supervision of the City or its agent(s) for the purposes of transporting, storing, installing or performing other services to the Artwork.

SECTION 13. INSURANCE

13.1 Minimum Requirements
Without limiting the Artist's indemnification of the City, and prior to commencement of the artwork, the Artist shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City.

(a) General Liability Insurance. The Artist shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile Liability Insurance. The Artist shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Artist arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City's Risk Manger may modify this requirement if it is determined that the Artist will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
(c) Umbrella or Excess Liability Insurance. The Artist may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, the Artist shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions:
(i) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(ii) Pay on behalf of wording as opposed to reimbursement; (iii) Concurrency of effective dates with primary policies; 3322
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(iv) Policies shall "follow form" to the underlying primary policies; and (v) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

13.2 Other Provisions or Requirements.
(a) Proof of Insurance. The Artist, including any subcontractors, shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. The Artist shall provide certificates of insurance to the City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (b) Duration of Coverage. The Artist shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by the Artist, his/her agents, representatives, employees or subconsultants.
(c) Primary/Non-Contributing. Coverage provided by the Artist shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute to it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. (d) City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, the City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by the Artist, or the City will withhold amounts sufficient to pay premium from Artist payments. In the alternative, the City may terminate this Agreement. (e) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives or shall specifically allow the Artist or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Artist hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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(g) Enforcement of Contract Provisions (non estoppel). The Artist acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Artist of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Artist maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Artist. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of Cancellation. The Artist agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that the Artist's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. The Artist agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by the Artist, provide the same minimum insurance coverage and endorsements required of the Artist. The Artist agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. The Artist agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to the City for review.
(n) City's Right to Revise Specifications. The City and the City's Risk Manager reserve the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Artist ninety (90) days advance written notice of such change. If such change results i n additional cost to the Artist, the City and Artist may renegotiate the Artist's compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
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(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by the City.
(p) Timely Notice of Claims. The Artist shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from the Artist's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. The Artist shall also procure and maintain, at their own cost and expense, any additional kinds of insurance, which in their own judgment may be necessary for their proper protection and prosecution of the Services.

SECTION 14. DEATH OR INCAPACITY OF THE ARTIST
In the event of the Artist's death or incapacity, as determined solely by the City, rendering the Artist unable to complete the Artwork, the City may elect to complete the Artwork and all payments made up to the point of death or incapacity will be retained by the Artist or the Artist's estate and all work performed by the Artist up to date of death or incapacity will be compensated. Any incomplete Artwork and any materials paid for by the City included in such Artwork will become the property of the City upon payment to compensate the Artist or Artist's estate, for all work performed up to the date of incapacity or death. However, if the Artwork is substantially designed and/or completed, as determined solely by the City, and it is feasible for the Artwork to be fully completed without undue delay, City may elect to proceed under the terms of this Agreement and complete the Artwork with the consent of the Artist, Artist's estate or Artist's legal representative. In such event, all remaining work to be completed in accordance with this Agreement will be delegated to the City Manager. The invocation of this Section by the City shall not render Section 7 ineffective with respect to the Artist's (or Artist's estate's) copyright ownership and reproduction rights.

SECTION 15. LIENS
(a) The Artist, subcontractors and suppliers will not make, file or maintain a mechanic's or other lien or claim of any kind or character against the Artwork, for or on account of any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as "Claims"); and the Artist, subcontractor and suppliers expressly waive and relinquish any and all rights which they now have, or may subsequently acquire, to file or maintain any Claim and the Artist, subcontractor and suppliers agree that this provision waiving the right of Claims will be an independent covenant.
(b) The Artist will save and hold the City harmless from and against any and all Claims that may be filed by a subcontractor, supplier or any other person or entity and the Artist will, at its own expense, defend any and all actions based upon such Claims and will pay all charges of attorneys and all costs and other expenses arising from such Claims.

SECTION 16. TERMINATION OF AGREEMENT BY CITY
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(a) Should the Artist at any time refuse or fail to deliver the Artwork with promptness and diligence, or to perform any of its other obligations under the Agreement, the City may terminate the Artist's right to proceed with the delivery of the Artwork by written notice to the Artist. In such event the City may obtain the Artwork by whatever method it may deem expedient, including the hiring of another artist and, for that purpose, may take possession of all materials, machinery, equipment, tools and appliances and exercise all rights, options and privileges of the Artist. In such case the Artist will not be entitled to receive any further payments until the Artwork is delivered and installed. If the City's cost of obtaining the Artwork, including compensation for additional managerial and administrative services, will exceed the unpaid balance of the Agreement, the Artist will be liable for and will pay the difference to the City.
(b) The City may, for its own convenience, terminate the Artist's right to proceed with the work by written notice to the Artist. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which the City may have against the Artist, and will not affect the obligations and duties of the Artist under the Agreement. Upon termination, the Artist shall be compensated only for that Work which has been adequately rendered to the City, and the Artist shall be entitled to no further compensation. The Artist may not terminate this Agreement except for cause.
(c) If this Agreement is terminated as provided herein, the City may require the Artist to provide all finished or unfinished documents and data and other information of any kind prepared by the Artist in connection with the performance of the work under this Agreement. The Artist shall be required to provide such document and other information within fifteen (15) days of the request.

SECTION 17. MISCELLANEOUS PROVISIONS

17.1 Notices. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY:

City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attn: Assistant City Manager
ARTIST:

Autumn Martino
43101 Portola Ave, Spc 56
Palm Desert, CA 92260

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notic e on the date actual notice occurred, regardless of the method of service.

17.2 Assignment or Transfer . The Artist shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due to the 33666
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Artist from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

17.3 Non-Discrimination. The Artist agrees at all times to fully comply with all laws prohibiting discrimination against any person or class of persons by reason of race, color, gender, religious creed, sex (including pregnancy or child birth), age, national origin, ancestry, sexual orientation, physical or mental disability, medical condition including genetic characteristics, veteran status, marital status, family care status, or any other considerations made unlawful by federal, state or local law in performance of this Agreement. If the use provided for in this Agreement allows the Artist to offer accommodations or services to the public, such accommodations, or services shall be offered on fair and reasonable terms.

17.4 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

17.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

17.6 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

17.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

17.8 Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

17.10 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party.

17.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

17.12 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

17.13 City's Right to Employ Other Artists. City reserves its right to employ other contractors in connection with the artwork.
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17.14 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing.

17.15 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.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR AGREEMENT OF COMMISSION OF PUBLIC

ARTWORK BETWEEN THE CITY OF CATHEDRAL CITY AND

AUTUMN MARTINO
IN WITNESS WHEREOF, the parties. have entered into this agreement as of the date first above written.

“CITY”
City of Cathedral City
“ARTIST”
Autumn Martino

By: ______________________________
Andrew Firestine, City Manager

Date:__________________________

ATTEST

By: ______________________________
Autumn Martino

Date:__________________________

By: ______________________________
Christina Burton, City Clerk

Date:__________________________

APPROVED AS TO FORM

By: ______________________________
Eric Vail, City Attorney

Date:__________________________

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EXHIBIT “A”

ARTIST DESIGN & DESCRIPTION OF ARTWORK

1. Title, Date: Rooted in Hope, 2026

2. Description: [type, medium]: Mural

3. Dimensions: 9’ x 30’

4. Address/Location(s): 30600 San Diego Dr., Cathedral City, CA 92234/ Esperanza Park Bathroom Building,

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Esperanza Rising Mural Project
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Anne Ambrose
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